10.15.9.40 Former Residents - Agreement with the USA
SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave within 2 years, will no longer be entitled to that benefit. Article 5 of the Agreement specifically provides that this does not apply to people receiving payments under the Agreement.
Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain entitlement to that benefit.
Autonomous pensioners can transfer to a benefit under this Agreement to maintain qualification and portability provided they travel to the USA.
In both these cases the Agreement will determine the rate payable.