Social Security enquiries from clients holding visas during Covid-19
Download the AHC_Social Security enquiries from clients holding visas during Covid-19 below in PDF.
| Situation | Payment which should be applied for | |
|---|---|---|
| Temporary visa holders(If you are not a permanent resident visa holder) | ||
| Generally | Not eligible for any social benefits payments unless one of the following visa types below | |
| Subclass 449 - Humanitarian Stay (Temporary),Subclass 785 - Temporary Protection,Subclass 786 - Temporary (Humanitarian Concern),Subclass 790 - Safe Haven Enterprise,Subclass 951 - Criminal Justice Stay Visa - issued specifically for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices,Subclass 060 - Bridging F, andSubclass 070 - Bridging (Removal Pending) | May be eligible for:
| |
| Subclass 820; andSubclass 309 | Exempt from the Newly arrived resident's waiting period (NARWP) for SpB and LIC if they have experienced a substantial change in circumstance beyond their control since the start of the NARWP and are in financial hardship. The start of the NARWP is the date of application for the 820/801 visa or the date of arrival in Australia for the 309/100 visa.“Sponsored residents must have made every effort to get adequate support from their sponsor”Policy on what could be considered beyond your control is restrictive. Losing a job obtained after coming to Australia is not enough. But for example, the sponsor losing their job due to illness may be accepted. The sponsor losing a job otherwise = not enough, unless the job was organised or commenced after the arrival of the SpB applicant. | |
| Permanent visa holders | ||
| Generally | Have residential waiting periods. The NARWP which applies to NewStart and Youth Allowance has been temporarily waived. When the Covid-19 Supplement ceases in September 2020, any remaining NARWP will be required to be served.If you are receiving payments on 27 April 2020 you are entitled to the Coronavirus Supplement. If you register your intent to claim by 13 April 2020 you are eligible for the Economic Support Payment.Information about claiming remotely during Covid-19 and on Centrelink payments during Covid-19 for those who have lost their jobs and the income thresholds of partners for qualification are in some Economic Justice factsheets. | |
| Asylum seekers and refugees | ||
| Holder of a Bridging visa awaiting processing of their XA-866 protection visa | Not eligible for social security payments. Should apply for SRSS payments through one of the two providers in NSW: Life Without Barriers 1800 935 483 or SSI (02) 8799 6700. To prepare for the new claim appointment collect bank statements, proof of rent, ImmiCard, Passport, Bridging Visa grant letter and acknowledgment of Protection Visa application letter.Can apply for Work Rights if they don’t have them by completing a form 1005. | |
| Holder of a XE-790 SHEV visa or a XD-785 TPV visa | May be eligible for Special Benefit* | |
| Holder of an XA-866 Protection Visa | May be eligible for social security payments. Exempt from all residential waiting periods. | |
| Holder of a humanitarian visa: XB-200 – Refugee XB-201 - In-country Special Humanitarian XB-203 - Emergency Rescue XB-204 - Woman at Risk XB-202 - Global Special HumanitarianXB-202 - Global Special Humanitarian Split Family VisasXB-202 - Community Support Programme | May be eligible for social security payments. Exempt from all residential waiting periods. | |
| Family members of refugees or former refugees (partner or dependent children) | May be eligible for social security payments.If at they were a family member of the refugee / former refugee at the time the refugee arrived in Australia are exempt from residential waiting periods for “social security benefits” – does not include pensions. | |
| Family violence exemption applicants | ||
| Holder of a Bridging visa awaiting processing of their 820/801 Partner visa application | Not eligible for social security payments.Should have work rights and access to Medicare. | |
| Holder of an UK-820 or UF-309 Partner (temporary) visa awaiting processing of their BS-801 or BC-100 Partner (permanent) visa | May be eligible for Special Benefit. | |
| Holder of an BS-801 or a BC-100 Partner (Permanent) visa | May be eligible for Special Benefit during Newly Arrived Residents Waiting Period | |
| New ZealandersThe SCV is not a permanent visa. For this reason SCV holders are generally not residentially qualified for social security payments. However, they can receive some payments and concessions | ||
| Type of payment | Specific payment | Eligibility for TY-444 SCV holders |
| Family assistance payments | All family assistance payments including Family Tax Benefit, Child Care Benefit and Double Orphan Pension | Yes |
| Concession cards | Commonwealth Seniors Health CardAnd Health Care Card | CSHC – Yes if over age pension age, not in receipt of pension payments and have served the two year newly arrived resident’s waiting periodHCC – Yes if served the two year newly arrived resident’s waiting period and meet the income test. |
| Allowances | Newstart Allowance, Sickness Allowance, Youth Allowance | Possible entitlement to a one-off period: if lived in Australia continuously for at least 10 years since 26 February 2001 can receive up to 6 months of these payments as a one-off period of payment.Otherwise: not residentially qualified. |
| Pensions and Carer Payment | Age Pension | Yes under the International Agreement, if:• intend residing in Australia for at least one year,• have been residing in Australia for at least 26 weeks,• have resided in New Zealand for at least one year age 20, and• have ten years working age residence (from 20-65) across Australia and New Zealand. |
| Disability Support Pension | Yes under the International Agreement if “severely disabled” and have at least ten years residence in Australia or New Zealand. Must have been living in Australia or New Zealand at the date of severe disablement.For the purposes of DSP, a recipient is severely disabled if the recipient:• has a physical, psychiatric or intellectual impairment, or 2 or all of these impairments, which make the recipient: • totally unable to work for at least the next 2 years, and • unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program, or• is permanently blind.A recipient is accepted as being severely disabled if their impairment prevents them from:• doing any work for 8 hours a week or more for the next 2 years, and • benefiting from training, education or rehabilitation to the extent of being able to work at least 8 hours a week. | |
| Carer Payment | Yes, under the International Agreement, if partner in receipt of DSP.Two years newly arrived residents waiting period required. | |
| Job Keeper payment | Job Keeper payment | Is claimed by the employer, not the employee. New Zealanders who were employed on 1 March 2020 and have lost their jobs may be eligible. If you were casual, you need to have been working for that employer for 12 months. Information via the Department of Industry here. |
* To qualify you must be in “severe financial hardship” and unable to earn a sufficient livelihood and meet the short term available funds test of having less than one fortnight’s amount of Special Benefit in your bank account: (around $550 currently), and less than $5,000 available in liquid assets to meet the long term available funds test.
From the Social Security Guide
The following table provides examples of circumstances that WOULD be considered a substantial change for the purpose of qualification for SpB. The substantial change in circumstances MUST have occurred after the person arrived in Australia. This was taking from the Guide.
| Change in circumstance | And… |
|---|---|
| A sponsor, partner or SpB claimant has a prolonged illness or injury, | is unable to work and/or there are significant medical costs being incurred by the SpB claimant or the partner. |
| Sponsor or partner loses job through no fault of their own, | the job was organised or commenced after arrival of the SpB claimant. |
| After commencing work, SpB claimant loses job through no fault of their own, | in the case of a visa granted onshore, the claimant had commenced the job prior to grant of the visa and in the case of a visa granted off shore the job was arranged prior to arrival in Australia. |
| Sponsor or partner dies, | the SpB claimant has no means of support. |
| Partner and SpB claimant separate, | the SpB claimant was the victim of domestic/family violence. |
| Child is born or family becomes responsible for a dependent child, | the child has a severe medical condition or a severe disability that incurs significant additional costs to the SpB claimant or partner. |
| Dependent child develops a severe medical condition, disability or sustains a serious injury, | the SpB claimant is unable to work and/or there are significant medical costs being incurred by the SpB claimant or the partner. |
| Sponsor or partner becomes a long term prisoner, or is confined long term to a hospital, psychiatric institution or nursing home, | the SpB claimant has no means of support. |
| Sponsor or partner has been notified as a missing person or has abandoned the SpB claimant, | the SpB claimant has no other means of support. |
| SpB claimant is the victim of substantiated domestic violence, | has no other means of support. |
| SpB claimant who has been granted permanent residence resulting in their Australian citizen child no longer being eligible for SpB, | has no other means of support. |
Changed circumstances that are NOT substantial for the purposes of SpB
The following situations would NOT be considered a substantial change in circumstances for the purpose of qualification for SpB - where no other extenuating circumstances are involved.
Claimant and partner are separated but living under one roof.
Partner and the visa holder separate due to breakdown of the relationship and there is no domestic violence involved.
Partner misrepresents their circumstances (financial, physical, material) and the partnered provisional visa holder chooses to leave because of this.
Partner leaves work to study or train, engages in an unprofitable business, resorts to excessive gambling or makes another lifestyle choice that impacts on the couple financially.
Medicare Eligibility
| Reciprocal Health Care Agreements (RHCA) | Residents of some countries may qualify for access to Medicare via Reciprocal Health Care Agreements (RHCA).The Australian Government has RHCA with the governments of the United Kingdom, Sweden, the Netherlands, Finland, Norway, Malta, Italy, Belgium, the Republic of Ireland and New Zealand. |
|---|---|
| You can enrol in Medicare if you have a valid temporary visa covered by 1 of these Ministerial Orders:Find out what documents you need to enrol. | • Fulbright scholars• Witness Protection (Trafficking) Temporary visa (subclass 787)• De facto partners of Australian citizens or permanent residents• Support for Victims of People Trafficking Program• Temporary Humanitarian Concern visa (subclass 786)• Contributory Parent visas (subclasses 173, 143, 884, 864)• Temporary Protection visa (subclass 785)• Removal Pending Bridging visa (subclass 070)• Bridging Visa F (subclass 060)• Illegal maritime arrivals holding a Bridging E (Class WE) visa• Illegal maritime arrivals holding a Humanitarian Stay visa (subclass 449)• Secondary Movement Offshore Entry visa XB (subclass 447)• Safe Haven Enterprise visa (subclass 790)• Skilled Work Regional Provisional visa (subclass 491)• Skilled Employer Sponsored Regional Provisional visa (subclass 494) |
| If you’ve applied for permanent residencyFind out what documents you need to enrol. | You can enrol in Medicare if you live in Australia and have applied for either:• a permanent residency visa, except for a parent visa• a permanent protection visa.You must also be any of the following:• on a visa allowing you to work• able to prove your parent, spouse or child is an Australian citizen• able to prove your parent, spouse or child is a permanent resident• able to prove your parent, spouse or child is a New Zealand citizen living in Australia.This includes if you’ve applied for a combined spouse visa 309/100 or 820/801.You can enrol in Medicare from either:• the date you applied for permanent residency• the date you arrived here to live if you applied outside Australia. |
| If you’ve applied for a parent visa | You can’t enrol in Medicare if you’ve applied for an 804 or 103 parent visa. You may have some cover under a Reciprocal Health Care Agreement.You can enrol if either:• you’ve applied for a contributory parent visa and have a temporary 173 or 884 visa• you have a permanent contributory parent visa subclass 143 or 864.You may be able to enrol if you have a temporary contributory parent visa. |
Pharmaceutical Benefits Scheme (PBS) Eligibility
The Scheme is available to all Australian residents who hold a current Medicare card.
Overseas visitors from countries with which Australia has a Reciprocal Health Care Agreement (RHCA) are also eligible to access the Scheme. Australia currently has RHCAs with the United Kingdom, Ireland, New Zealand, Malta, Italy, Sweden, the Netherlands, Finland, Norway, Belgium and Slovenia.
Download the AHC_Social Security enquiries from clients holding visas during Covid-19 in PDF.
How Can Agape Henry Crux Help
Our firm has created a Special COVID-19 Taskforce to help our clients battle through and find solutions during this Pandemic. Our team is equipped and trained to advise you on across a wide range of issues you may be encountering.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter.
Please contact our team on info@ahclawyers.com or call us on (02) 7200 2700.