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3. Residence requirements for Special Benefit

3.1 Overview

A person who does not have a sufficient, regular income and does not yet have a permanent visa but intends to remain in Australia may claim Special Benefit (see Chapter 19 for further information on Special Benefit).

Special Benefit is payable to holders of a number of types of temporary visa (with the notable exception of visitor’s visas, student visas and bridging visas). A Newly Arrived Resident’s Waiting Period generally applies for Special Benefit, but this can be waived in some circumstances (see Chapter 19).

3.2 Visa classes

The residential requirements to qualify for Special Benefit are that the person must:

There is a general exemption from the Newly Arrived Resident’s Waiting Period for holders of visa classes 070, 447, 451, 695, 785, 786, 787, 832, 833, 852 and the Criminal Justice Stay Visa (as at July 2005). There is a further “family member exemption” which may apply to holders of visa classes 309, 310, 820, and 826 on the basis of the person’s relationship to their “family member”. For further details on who the “family member exemption” applies to, see Chapter 12.

Note that for holders of visa classes 832, 833 and 852 payments other than Special Benefit may be payable and may be more appropriate.

If a person indicates they have applied for an entry permit it may be necessary to contact their Migration Agent or the Department of Immigration and Citizenship (DIAC) to find out the progress of the claim. It may also be desirable to ask for a letter confirming the person’s residential status.

It may be necessary to assist a client to lodge a claim for an appropriate entry permit, or refer them for specialist advice on their immigration matter before you are able to help them with getting Special Benefit.

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The Independent Social Security Handbook
ISBN 1 86403 125 5
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www.welfarerights.org.au