Residency eligibility requirements for Centrelink payments can be very complex and technical, and they depend upon a number of things including a person’s visa subclass, their individual circumstances and the payment they are hoping to access. At SSRV, we frequently assist workers contacting our Worker Help Line to navigate these complexities and ensure vulnerable clients do not miss out on payments they may be eligible for.
Tom*, a financial counsellor, was assisting his client, Susan*, who initially came to Australia from Ukraine on a temporary visitor visa (subclass 600) to be with her partner Graeme.
Shortly after they married, Graeme had a car accident and sustained significant injuries. Due to his injuries, Graeme requires full-time care. Susan became his carer and subsequently applied for a permanent carer visa (subclass 836).
However, at the time Tom contacted SSRV’s Worker Help Line, Susan’s visa application was pending a decision, and she was on a Bridging Visa A (subclass 010). Without Susan’s care Graeme would have been unable to return home to live.
Because Susan was now caring full time for Graeme, she was unable to work. She approached Centrelink for assistance and was told she would not be eligible for any Centrelink payments as she did not meet the residency requirements.
Meanwhile, Graeme was receiving Disability Support Pension at the partner rate of payment. This was their only source of income and they had no savings or assets.
Tom contacted SSRV’s Worker Help Line seeking guidance on whether there is any Centrelink payment Susan could access given her caring responsibilities and the financial hardship they were experiencing trying to meet their daily living expenses on the partner rate of Disability Support Pension.
The SSRV lawyer provided Tom with information about the general residency requirements for Centrelink payments and explained that a Bridging Visa A (subclass 010) is a temporary visa and does not meet the residency requirements. This meant that while on this visa, Susan would not be eligible for any payment.
However, the SSRV lawyer suggested that once Susan’s carer visa subclass 836 was granted she should immediately apply for Carer Payment as this was a permanent visa which meets the general residency requirements and this particular visa is exempt from having to serve the Newly Arrived Resident’s Waiting Period (NARWP).
In the meantime, the SSRV lawyer recommended that Susan’s husband, Graeme, ask Centrelink to pay him the single rate of Disability Support Pension under section 24 of the Social Security Act 1991 which provides Centrelink a discretion based on there being a special reason to pay someone the single rate of payment even if they are partnered. The SSRV lawyer explained that if Centrelink agreed to this, then Graeme’s rate of payment would go up until Susan’s permanent carer visa was granted which may assist to alleviate some of the financial hardship they were experiencing.
The SSRV lawyer talked Tom through the factors Centrelink consider when deciding whether to pay someone under Section 24 of the Social Security Act 1991 so that Susan and Graeme would know what relevant information they need to provide Centrelink with their request.
If you are a worker assisting a client with a Centrelink issue and need expert advice, find out how SSRV’s Worker Help Line can assist you.
*Names have been changed.
