The following table shows the circumstances when an individual who is not an Australian resident may still be eligible for CCB.
Note: The visa subclass 851 Resolution of Status (permanent) (class CD) commenced on 9 August 2008 when the temporary protection arrangements were abolished.
As a result holders of the following visa subclasses:
became eligible for a visa subclass 851 Resolution of Status (permanent) (class CD) visa from 9 August 2008 as the above visa subclasses were abolished from this date.
Visas, however, already issued under the above subclasses will remain valid until they expire or the holders are granted another visa.
The person holds a SCV.
All SCV holders residing in Australia are eligible - it is not necessary to be a 'protected SCV holder'.
The person holds a subclass of visa determined by the Minister and the person is:
- in Australia, or
- temporarily absent from Australia for 6 weeks or less and the absence is an allowable absence under Part 4.2 of the Social Security Act.
The following visa subclasses have been determined by the Minister:
- subclass 820 Extended Eligibility (spouse),
- subclass 820 Extended Eligibility (partner),
- subclass 826 Interdependency (provisional),
- subclass 309 Spouse (provisional),
- subclass 309 Partner (provisional),
- subclass 310 Interdependency (provisional),
- subclass 785 Temporary Protection (abolished),
- subclass 786 Temporary (humanitarian concern),
- subclass 447 Secondary Movement Offshore Entry (abolished),
- subclass 451 Secondary Movement Relocation (abolished),
- subclass 695 Return Pending (abolished)
- subclass ZB 951 Criminal Justice Stay Visa issued under subsection 155(2) of the Migration Act 1958,
- subclass 787 Witness Protection (trafficking)(temporary),
- subclass 070 Bridging (removal pending), and
- subclass 851 Resolution of Status (permanent) (class CD).
The person is undertaking a course of study in Australia for which they receive direct financial assistance from the Commonwealth.
Example: AusAID scholarship or International Post Graduate Research Scholarship.
This does not include students on a university scholarship indirectly funded by the Commonwealth.
The person is taken to be an Australian resident because:
- hardship would be caused if the individual were not treated as an Australian resident, or
- special circumstances exist.
This is a discretionary decision.
Hardship may be caused by a traumatic event such as:
- the applicant's partner dying,
- the applicant separating from their partner, or
- the applicant, or their partner, becoming hospitalised or disabled.
In each circumstance you should consider:
- how recently the event occurred,
- whether the event was foreseeable, and
- the ongoing effect on the family.
Act reference: FAAct section 8 Extended meaning of Australian resident-hardship and special circumstances, section 42 When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service, section 44 When an individual is eligible for child care benefit for a past period for care provided by an approved child care service, section 45 When an individual is eligible for child care benefit for a past period of care provided by a registered carer
SS Guide 9.2 Visa Subclasses & Payment Eligibility for Visas Issued After 1/9/94
Last reviewed: 2 January 2013