An updated compilation of the Social Security Act 1991 (Compilation No. 234) has been published, current as of 20 September 2026 and incorporating amendments made by Act No. 58, 2026.
The compilation is a consolidated copy of the Act and does not itself identify which provisions were changed. The rules below are existing provisions that matter to visa holders and migrants. They are not confirmed as new.
Who counts as an “Australian resident” (section 7): A person must reside in Australia and be an Australian citizen, the holder of a permanent visa, or a protected Special Category Visa (subclass 444) holder.
Newly arrived resident’s waiting periods:
- Carer payment: 104 weeks as an Australian resident in Australia (section 201AA)
- Parenting payment: 208 weeks as an Australian resident in Australia (section 500X)
These include a qualifying residence exemption for refugees and former refugees, certain family members of refugees, and Australian citizens. For carer payment, visa classes can also be exempted by legislative instrument.
A person generally needs 10 years of qualifying Australian residence, or a qualifying residence exemption (section 43).
Readers should check the Federal Register of Legislation for the specific changes made by Act No. 58, 2026.
Click here: Social Security Act 1991 – Compilation No. 234
