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.

10.8.9.20 Australia to the Netherlands & the Netherlands to Australia

Moving between Australia & the Netherlands

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

Note: Although listed as Australian benefits covered in Article 2 of the Agreement, from 20 March 2020, WP, WidB and BVA ceased. Recipients of these payments were transferred to another payment, such as Age, where eligible. Those paid under the Agreement are subject to the portability and rate calculation provisions set out in the Agreement.

Australia to the Netherlands

People paid under the Agreement who leave Australia permanently and travel to the Netherlands will have their rate calculated using the outside Australia rate in 10.8.8.20 as soon as they leave Australia.

People paid under the Agreement who reside in Australia and travel to the Netherlands temporarily will have their rate calculated using the inside Australia rate in 10.8.8.50 for a period of 26 weeks or less. Once they have been in the Netherlands for more than 26 weeks, their rate will be calculated using the outside Australia rate in 10.8.8.20.

The Netherlands to Australia

People paid under the Agreement who reside in the Netherlands and travel to Australia temporarily will have their rate calculated using the outside Australia rate in 10.8.8.20 for a period of 26 weeks or less. Once they have been in Australia for more than 26 weeks, their rate will be calculated using the inside Australia rate in 10.8.8.50.

People who come permanently to Australia from the Netherlands who do not qualify for Australian benefit in their own right (i.e. as an autonomous pensioner), will have their rate calculated using the inside Australia rate in 10.8.8.50 as soon as they arrive in Australia. Their rate will change to the normal autonomous rate as soon as they meet the usual residential qualifying periods, for example, 10 years residence for Age.

Double orphan pension

A person receiving DOP who leaves Australia permanently generally ceases to qualify for DOP from the date they leave Australia. Article 5, paragraph 4 of the Agreement provides for a person to retain qualification to DOP provided they travel to the Netherlands. If a person retains qualification to DOP because of the Agreement, it will then become an Agreement pension and is subject to the portability provisions of the Agreement.

Act reference: SS(IntAgree)Act Schedule 7 The Netherlands

Policy reference: SS Guide 10.8.8.20 Outside Australia Rate - Agreement with the Netherlands, 10.8.8.50 Inside Australia Rate - Agreement with the Netherlands

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