(Cth) Abolish the Special Benefit Waiting Period for Newly Arrived Residents
- Irene Jophy & Mieke Crighton
- 4 days ago
- 7 min read
Author: Irene Jophy & Mieke Crighton | Publish date: 22/7/2026
Content warning: Includes mention of domestic and family violence.
P: In Australia, newly arrived residents are subject to a 4-year waiting period to apply for the Special Benefit.
S: The Minister for Social Services should amend Section 739A of the Social Security Act 1991 (Cth) to repeal the Newly Arrived Residents Waiting Period for the Special Benefit.
E: Economic Justice Australia (EJA): ‘Permanently abolish the Newly Arrived Residents Waiting Period (NARWP) for Special Benefit, so that people in severe financial hardship have equitable access to the social security safety net.’
Problem Identification:
Section 739A of the Social Security Act 1991 (Cth) (the Act) establishes the Newly Arrived Residents Waiting Period (NARWP). It states that a person who ‘enters Australia', 'becomes the holder of a permanent visa', or 'is in a class of visas determined by the Minister' must wait '208 weeks' (4 years) before becoming eligible to receive the Special Benefit.
According to EJA, this means that ‘recently arrived permanent residents are effectively without a safety net if they lose employment.’
Context:
The Special Benefit refers to an ‘income support payment that provides financial assistance to people who, due to reasons beyond their control, are in financial hardship and unable to earn a sufficient livelihood for themselves and their dependants.’ To receive this payment, ‘it must be established that the person is not eligible for any other pension or allowance [i.e. jobseeker, youth allowance, etc.].’ According to the Australian Human Rights Commission (AHRC), ‘newly arrived permanent residents can be granted the special benefit only if they can demonstrate a substantial change in their circumstances that is beyond their control.’ In 2019, the Act was amended to increase the NARWP from 2 to 4 years for income support payments.
In 2022, Settlement Services International (SSI) reported that the 4-year wait would affect ‘13,200 future migrants and 45,000 families’.
Arguments:
The AHRC stated that the ‘waiting period is having a detrimental impact on the enjoyment of economic, social and cultural rights by some groups of newly arrived residents.’ The Law Council of Australia (LCA) expressed concern that the NARWP may lead to ‘many temporary migrants … [being] at risk of destitution and homelessness.’ They further stated that ‘women who are temporary migrants may be at greater exposure to family violence as they are unable to leave dangerous homes due to limited financial resources.’ Therefore, LCA stated that ‘failing to provide a safety net to temporary migrants who lose their jobs may undermine their health and welfare’.
SSI CEO Violet Roumeliotis stated that the NARWP creates ‘arbitrary distinctions between new permanent residents and other Australians.’ The Settlement Council of Australia stated that ‘requiring migrants to contribute the same taxable income as everyone else whilst not providing the same benefits will drive a sense of injustice, hindering social cohesion.’
Community for Economic Development Australia (CEDA) highlighted the ‘inability [of residents] to access the skills needed to drive growth and investment’ as a result of the NARWP. SSI illustrated that this is because the restriction of income support payments through the NARWP ‘force[s] migrants to accept the first job they [can] get, rather than wait for one that [is] more in line with their skilled occupation’. The Department of Home Affairs noted that this ‘prevent[s] them from up-skilling … which reduc[es] migrants’ long-term contribution’ to the Australian economy. CEDA stated that this ‘skills mismatch’ cost QLD, for example, ‘$250 million in Gross State Product (GSP) over the 10 years to 2019 through lost wages and economic activity.’ Roumeliotis affirmed that the NARWP, therefore, does not allow Australia to ‘harness the full benefits of skilled migration’.
Some have argued that ‘while new migrants to Australia’ are subject to the NARWP, ‘special benefit payments “are available to people who suffer a substantial change in circumstances for reasons beyond their control”.’ However, according to EJA, ‘in practice it is very difficult to satisfy … the [exemption] criteria’, noting that many are ‘unable to navigate the complex process by themselves.’
Advice/Solution Identification:
EJA has called to abolish the NARWP for the Special Benefit. EJA stated that this could provide ‘people in severe financial hardship … [more] equitable access to the social security safety net.’
Precedent:
There is domestic precedent for waiving the NARWP for the Special Benefit. In Australia, there was a temporary exemption from the NARWP during COVID-19.
Public Support:
Broad support
Australian Women Against Violence Alliance (AWAVA) - Recommended that the Australian Government exempt women who have experienced domestic, family and sexual violence and have been granted permanent residency from the Newly Arrived Residents Waiting Period.
Recommended lowering the Newly Arrived Residents Waiting Period to 6 months:
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
9 News - “Mum denied $22k parental leave due to 'unfair' rule”. This article examined how the Newly Arrived Residents Waiting Period affects individuals in Australia. By: Emily McPherson | 16 April 2026 - Read the article here.
The Canberra Times - “Four-year welfare wait for migrants 'excessive'”. This article examined the Newly Arrived Residents Waiting Period, and the impact it has on individuals and the Australian economy. By: Jacob Shteyman | 18 May 2023 - Read the article here.
SBS - “New residents face longer waiting periods for Centrelink payments”. This article examined the 2022 reform that increased the Newly Arrived Residents Waiting Period from 2 to 4 years. By: Melissa Compagnoni | 9 September 2021 - Read the article here.
Asylum Seeker Resource Centre - “Budget 21 continues the Government’s detention cost blow out and exclusion of people seeking asylum, refugees and migrants in time of crisis”. This media release examined the exclusion of migrant and refugee rights from the 2021 federal budget, including an evaluation of the Newly Arrived Residents Waiting Period. By: ASRC | 12 May 2021 - Read the release here.
Where to go to learn more:
(2024) Federal Budget Submission 2025-26 | Economic Justice Australia - This submission detailed recommended reforms for social security, including a recommendation to abolish the Newly Arrived Residents Waiting Period for the Special Benefit. Read the full submission here.
(2023) Addressing inadequacy of income support | ACOSS - This report outlined the issues surrounding Australia’s income support system, including a recommendation to lower the Newly Arrived Residents Waiting Period to 6 months. Read the full report here.
(2021) A good match: Optimising Australia’s permanent skilled migration | CEDA - This report discussed findings that suggested skilled migrants in Australia are working in jobs beneath their skill level, and included a recommendation to reduce the Newly Arrived Residents Waiting Period to 6 months. Read the full report here.
(2025) Migrant settlement outcomes | Australian Bureau of Statistics - This report outlined findings into economic, education, health, housing, and citizenship outcomes of permanent migrants in Australia. Read the full report here.
(2026) Guides to Social Policy Law - Newly arrived resident’s waiting period | Australian Government - This publication is a guide related to the process of the Newly Arrived Residents Waiting Period through the Social Security Act 1991 (Cth). Read the full publication here.
(2019) Pre-Budget Submission 2020-2021 | National Social Security Rights Network - This submission discusses the issues surrounding migrants who are subject to the Newly Arrived Residents Waiting Period who are escaping domestic and family violence. Read the full submission here.
Social Security Act 1991 (Cth) - Read the full Act here.
Human Perspective:
Rita is a 35-year-old migrant who arrived in Australia 2 years ago after receiving permanent residency through a skilled migration pathway. She arrived with her husband and 3 young children. In her home country, she worked as an accountant and completed the time-consuming Australian accreditation requirements. However, when she arrived, she struggled to find a job in her field. She thought about applying for the Special Benefit while she searched, but she knew there was a 4-year waiting period before she could access it as a newly arrived resident. She decided to get a hospitality job to support her family temporarily instead. However, this meant she struggled to find the time to properly apply for job listings, as she was already working demanding hours. The few job listings that she could apply for seemed to go nowhere. Therefore, she had to continue working as a waitress, a job that paid much less than her career occupation. When the café Rita was working at suddenly closed down, her family's income dipped dramatically. She learnt that there was an exemption process for people who are experiencing a “substantial change in circumstances for reasons beyond their control”, but when she started the process, she discovered that the application was confusing and difficult to navigate by herself. She spent hours gathering documents, attending appointments and trying to understand the legal requirements. Throughout this process, she was not receiving any income, which put her family in a worrisome financial situation. After months of anxiety, confusion, and lost income, she finally received the Special Benefit. In the end, she became frustrated that even though she paid taxes and was an integrated member of the community, she had to jump through so many hoops to access the same benefits as everybody else.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/A.
Support
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Disclaimers
Please review all FORE disclaimers here.
Reference list:
Australian Council of Social Service. (2023, January). Addressing inadequacy of income support [Briefing note]. https://www.acoss.org.au/wp-content/uploads/2023/02/Addressing-inadequacy-of-income-support-2023-final.pdf#page=1
Australian Government. (2026, July). Guides to Social Security Law: Social Security Guide Version 1.340. https://guides.dss.gov.au/social-security-guide/1/2/6/10
Australian Human Rights Commission. (n.d). Social Security - Two Year Waiting Period for Newly Arrived Migrants - E/1994/104. https://humanrights.gov.au/?a=51068
Centre Alliance. (n.d). Dissenting Report from Centre Alliance. Parliament of Australia. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/self-sufficiencymigrants/Report/d03
Community for Economic Development Australia. (2021, March 29). Skilled Migrant Job Mismatch Cost $1.25 Billion: CEDA Report [Media release]. https://www.ceda.com.au/news-and-resources/media-releases/population/skilled-migrant-job-mismatch-cost-$1-25-billion-ce
Community for Economic Development Australia. (2021). A good match: Optimising Australia’s permanent skilled migration. https://cedakenticomedia.blob.core.windows.net/cedamediatest/kentico/media/researchcataloguedocuments/recent%20research/pdfs/ceda-migration-report-26-march-2021-final.pdf
Economic Justice Australia. (2024). Federal Budget Submission 2025-26. https://www.ejaustralia.org.au/wp-content/uploads/EJA-2025-Budget-Submission.pdf
Law Council of Australia. (2021, August 5). Social Services Legislation Amendment (Consistent Waiting Periods for New Migrants) Bill 2021. Submission to the Senate Community Affairs Legislation Committee. https://lawcouncil.au/publicassets/348538fd-1efe-eb11-9440-005056be13b5/4054%20-%20Social%20Services%20Legislation%20Amendment%20%20Consistent%20Waiting%20Periods%20for%20New%20Migrants%20%20Bill%202021.pdf
Settlement Council of Australia. (2021, July). Inquiry into the Consistent Waiting Periods for New Migrants Bill 2021 [Submission]. https://scoa.org.au/wp-content/uploads/2021/07/SCoA-Submission-Newly-Arrived-Residents-Waiting-Period.pdf
Settlement Services International. (2021, May 14). New resident welfare wait times must be reduced, not increased, in interest of equity and the economy [Media release]. https://www.ssi.org.au/media-centre/media-releases/new-resident-welfare-wait-times-must-be-reduced-not-increased-in-interest-of-equity-and-the-economy/
Social Security Act 1991 (Cth). https://classic.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/index.html
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