10.15.4.10 Who Can Lodge Claims under the Agreement with the USA

Who can claim

The Agreement with the USA contains all the claim lodgement provisions discussed in 10.1.4. This provision only applies if the person has been an Australian resident at some time.

Article 8 of the Agreement covers claim lodgement and allows:

  • residents of Australia or the USA to lodge claims for Australian benefits under the Agreement if they are in the USA, Australia or a third country with which Australia has an agreement covering claim lodgement (except the Agreement with New Zealand and the Agreement with Denmark), and
  • residents of third countries with which Australia has an agreement covering claim lodgement can lodge claims for Australian benefit under the Agreement if they are in Australia, or that third country.

This means that the Agreement with the USA does not allow people residing in the USA to lodge claims for Australian benefits under agreements other than the one with the USA. For example, a person living in the USA is unable to claim an Australian benefit under the Agreement with Italy. However, the Agreement does allow a person living in Italy to lodge a claim for an Australian benefit under the Agreement with the USA.

Act reference: SS(IntAgree)Act Schedule 13 USA

Policy reference: SS Guide 10.1.4 Claiming Payments Using an Agreement

Last reviewed: 9 November 2015