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.

10.32.100 Indian Glossary

Introduction

This section contains a list of terms used in and applicable to the Agreement with India.

Benefit

For Australia, benefit means age pension. It includes any additional amount or increase in respect of, a person who qualifies for that additional amount. This includes pension supplement and RA for people in Australia, but any additional amounts are subject to portability restrictions under the SSAct. For India, benefit means the old age and survivors' pension for employed persons and the permanent total disability pension for employed persons.

Insurance Period

Means a period of contributions or equivalent periods recognised as such under Indian legislation. This includes the Employee's Pension Scheme (1995), the Employee's Provident Fund Scheme (1952) and the Employee's Deposit-Linked Insurance Scheme (1976).

Only a period of contributions to the EPS can be used to totalise for Australian age pension.

Legislation

In relation to Australia, legislation means the laws which make up the social security law relating to the age pension. In Part II of the Agreement it applies to the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, and the Superannuation (Administration) Regulations.

Period of Australian Working Life Residence
Usage of AWLR Definition
SS(IntAgree)Act definition of AWLR

A person's period of AWLR at a particular time is the number of months in the period, or the aggregate of the periods, during the person's working life during which the person has, up to that time, been an Australian resident.

A person's working life is the period beginning when the person turns 16 and ending when the person reaches pension age.
AWLR as defined in Article 1 of the Indian Agreement, this is used for the rate calculation in Article 14.

The Indian Agreement modifies the above definition of AWLR so that only periods accrued after 16 November 1995 can be used for Agreement purposes.

The Agreement states that a 'period of Australian working life residence' means a period defined as such in the legislation of Australia and accrued on or after 16 November 1995.

AWLR is rounded up when calculating the rate.
AWLR for Australian pension claim lodgement purposes. Article 12 of the Indian Agreement

For Australian pension claim lodgement purposes, a minimum AWLR period of 12 months (accrued after 16 November 1995) is required where the person needs to use the provisions of the Agreement.

AWLR is not rounded up for claim lodgement purposes.
AWLR for Australian pension totalisation purposes. Article 13.4 of the Indian Agreement

To totalise for an Australian pension, a person must have a minimum AWLR period of 12 months (of which 6 months must be continuous), accrued after 16 November 1995 and before the person reaches Indian retirement age (currently 58 years of age for men and women).

AWLR is not rounded up for Australian totalisation purposes.
AWLR for Indian pension totalisation purposes. Article 15 of the Indian Agreement

To totalise for an Indian pension, only periods of AWLR accrued after the Agreement commences and before the person reaches Indian retirement age (currently at age 58 years) can be used.

AWLR is rounded up for Indian totalisation purposes.

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