The basic residential qualification criteria for a Social Security payment are set out in 1.2 above. Each of the terms used has a very particular meaning and each is defined and described throughout the rest of section 2.
The term “Australian resident” relates to the legal basis of a person’s right to live in Australia. An “Australian resident” is a person who “resides in Australia”, and:
The definition of “protected SCV holder” is complex. Generally a person is a "protected SCV holder "if they hold a “special category visa” (SCV) and they:
In order to meet the definition of “Australian resident”, a person must not only have the right to reside in Australia (eg, by virtue of holding a permanent visa), but must also be assessed to be a person who “resides in Australia”. “Australia” includes anywhere which is or was (at the relevant time), part of Australian territory, except Norfolk Island.
A person’s absence or intended absence overseas does not mean that they will necessarily be regarded as having ceased to “reside in Australia”. However, the longer a physical absence overseas, the less likely it is to be accepted that the person still “resides in Australia”.
An assessment of whether a person “resides in Australia” depends greatly on the intentions of the person. It is a question of whether the person intends to treat Australia as their settled home for the foreseeable future, without any definite intention of ceasing to do so. Centrelink will look at a person’s intentions for the future and their established links with Australia, eg property, bank accounts and family ties in Australia.
For new claims, Centrelink will generally accept that a long-term resident of Australia is a person who “resides in Australia”. The question of a person’s intentions with regard to continuing to live in Australia usually only arises for new migrants or people returning to Australia after an extended absence overseas.
When deciding whether a person “resides in Australia” Centrelink must have regard to:
Centrelink should have regard to all these factors without allowing any single factor to be conclusive.
New Zealanders may qualify for Social Security payments where they:
Periods of “qualifying Australian residence” are generally required for Age Pension, Disability Support Pension and Parenting Payment, unless the person has a “qualifying residence exemption”. A person may be exempt from a Newly Arrived Resident’s Waiting Period for other payments, if they have a “qualifying residence exemption” (see 2.6). Only periods during which the person was both an “Australian resident” and “residing in Australia” can count toward the “qualifying Australian residence” period, unless the person is covered by an International Social Security Agreement which provides for residence in another country to be treated as residence in Australia (see Chapter 47).
Unless they are covered by the International Agreement with New Zealand (see Chapter 47), New Zealand citizens who are not “protected Special Category Visa holders” need a permanent visa to qualify for Social Security income support payments. Once a permanent visa is granted, they would then generally be subject to the Newly Arrived Resident’s Waiting Period or to the applicable period of qualifying Australian residence.
Where a person does not qualify for a particular payment because they cannot yet meet the “qualifying Australian residence” period for that payment, check whether they have a “qualifying residence exemption” (see 2.6). If not, they should claim another payment, which does not require a period of “qualifying Australian residence”. If they do not qualify for any other payment, or they are subject to a Newly Arrived Resident’s Waiting Period, Special Benefit may be payable (see section 3, and Chapter 19).
In some situations, “qualifying Australian residence” can require a “continuous” period of Australian residence. “Continuous” means without a break, but it is important to bear in mind that a person can be continuously resident in a country without being continuously present in it, ie, temporary absences do not interrupt “continuous” residence.
For Age Pension and Disability Support Pension, where the requirement is generally for 10 years “qualifying Australian residence”, the Social Security Act specifies that it is sufficient if the claimant has been resident for a total of more than ten years of which at least five years has been in one “continuous” period. This is sometimes called broken residence. Broken periods of residence can include temporary absences.
Holders of visas subclass 100, 110, 801, 814, 832 or 833 have a "qualifying residence exemption" for the following income support payments:
For Age Pension, Disability Support Pension, Parenting Payment (single), Carer Payment, Bereavement Allowance, Mature Age Allowance, Mature Age Partner Allowance, Widow Allowance, Youth Allowance, Austudy Payment, Newstart Allowance, Sickness Allowance, and Partner Allowance, Special Benefit, Mobility Allowance, Pensioner Education Supplement, a Seniors Health Card, and a Health Care Card, a person has a “qualifying residence exemption” where they:
For Youth Allowance, Austudy Payment, Newstart Allowance, Sickness Allowance, Partner Allowance, Mature Age Allowance, Parenting Payment (single), Carer Payment, Widow Allowance (see below), Mobility Allowance, Pensioner Education Supplement, a Seniors Health Card, and a Health Care Card, a person also has a "qualifying residence exemption" where they:
A “qualifying residence exemption” may also apply for payments which have a Newly Arrived Resident’s Waiting Period rather than a period of “qualifying Australian residence”. For these exemptions from the Newly Arrived Resident’s Waiting Period, see Chapter 12.
A person is a “refugee” if they hold:
A person is also a refugee where they hold one of the following visas:
A person is also a “refugee” if they held a specified class of humanitarian visa prior to 1 September 1994, or a specified class prior to 1 February 1993.
A “family member” includes the person’s partner (heterosexual only) or their dependent child. Other people can also be deemed to be a partner or dependent child of a person, at Centrelink’s discretion (eg, a same-sex partner, a child who is not a “dependent child” or an adult or child who has high care needs due to chronic illness or a disability).
“Temporary absence” is an absence which is for a specific, passing purpose and for a length of time which is:
Depending on the particular payment involved, Centrelink looks at the intended period of absence. It may also look at the purpose of the absence, eg whether it is a holiday, for a funeral or a for a compassionate family visit. There must be a definite intention to return to Australia for the absence to be considered temporary. There is no specific maximum number of months or years for which a temporary absence may last but most payments can only be made for up to 13 weeks of a temporary absence (ie, payment will stop once the person has been overseas in excess of 13 weeks). Centrelink usually agrees readily that an absence of 12 months or less is temporary but treats three years as an upper limit, unless exceptional circumstances delay return to Australia.
An absence which is considered to be “temporary” at the time when the person leaves Australia, may later cease to be temporary if the person changes their intentions and decides to stay overseas after the specific passing purpose is completed or when the person stays away for a considerable period of time.
It is important to note that if a person who “resides in Australia” leaves for a “temporary absence”, they will continue to be regarded as “residing in Australia” during that absence. However, they cannot be regarded as still “in Australia”.
