The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.21.9.20 Australia to Switzerland & Switzerland to Australia

Moving between Australia & Switzerland

Generally, benefits paid under the Agreement with Switzerland are portable indefinitely when the person travels between Australia and Switzerland. This means that people paid under the Agreement can travel between Australia and Switzerland, without the time restrictions that may apply to autonomous pensioners.

Disability support pension

Article 2(1) restricts the payment of DSP under the Agreement to people who are severely disabled. This means that DSP for people who are not severely disabled is subject to the portability restrictions set out in Australian domestic legislation, even when travelling to Switzerland.

Policy reference: SS Guide 7.1.1 Portability legislation

Carer payment

CP is not portable under the Agreement Article 5(6). This means carers are subject to the portability restrictions set out in Australian domestic legislation, even when travelling to Switzerland.

Policy reference: SS Guide 7.1.1 Portability legislation

Australia to Switzerland

People paid under the Agreement who leave Australia permanently and travel to Switzerland will have their rate calculated using the outside Australia rate in 10.21.8.20 as soon as they leave Australia.

People paid under the Agreement who reside in Australia and travel to Switzerland temporarily will continue to have their rate calculated using the inside Australia rate in 10.21.8.50 for a period of up to 26 weeks. Once they have been in Switzerland for more than 26 weeks, their rate will be calculated using the outside Australia rate in 10.21.8.20.

Note: Under Article 19(6), where the outside rate is more than the inside Australia rate under Article 19(4), the outside rate is paid.

Switzerland to Australia

People who come permanently to Australia from Switzerland who do not qualify for an Australian benefit in their own right will have their rate calculated using the inside Australia rate in 10.21.8.50 as soon as they arrive in Australia (but note the comparison rule in Article 19(6)). Their rate will change to the normal autonomous rate as soon as they meet the usual residential qualification periods, for example, 10 years residence for Australian age pension.

People paid under the Agreement who reside in Switzerland and travel to Australia temporarily will continue to have their rate calculated using the outside Australia rate in 10.21.8.20 for a period of up to 26 weeks. Once they have been in Australia for more than 26 weeks, their rate will be calculated using the inside Australia rate in 10.21.8.50 (but note the comparison rule in Article 19(6)).

Act reference: SS(IntAgree)Act Schedule 20 Switzerland

Policy reference: SS Guide 7.1.2.20 Application of portability rules (portability table)

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