10.19.4.10 Who Can Lodge Claims under the Agreement with Belgium

Who can claim

The Agreement with Belgium contains the claim lodgement provisions discussed in 10.1.4.

Belgian pensions

Article 12 covers who can claim a Belgian old-age or survivors' pension under the Agreement. It allows people covered by the Agreement (10.19.3.10) who have acquired insurance periods in Belgium to claim a pension under the Agreement. Such people can claim a Belgian pension under the Agreement (10.19.3.20) if they are residing in Australia, Belgium or a third country with which Australia has an Agreement covering claim lodgement (excluding the Agreement with Denmark, the Agreement with New Zealand and the Agreement with the USA).

See also 'Belgian pensions - payability abroad' for citizenship/residence restrictions applying to the portability of Belgian contributory pensions BEFORE 1 July 2005.

Article 18 provides that a Belgian invalidity pension can only be granted if Belgium's legislation was applicable to a person when that person became incapacitated. Generally, such a person could be expected to be in Belgium when lodging a claim.

Australian pensions

Article 15 covers who can claim an Australian age pension under the Agreement. Residents of Australia, Belgium or a third country with which Australia has an Agreement covering claim lodgement (excluding the Agreement with Denmark, the Agreement with New Zealand and the Agreement with the USA) can lodge a claim for an Australian age pension under the Agreement.

Article 18 provides that Australian DSP can only be granted if Australia's legislation was applicable to a person when that person qualified for DSP. Generally, such a person could be expected to be in Australia when lodging a claim.

Act reference: SS(IntAgree)Act Schedule 18 Belgium

Policy reference: SS Guide 10.1.4 Claiming Payments Using an Agreement, 10.19.3.10 People Covered by the Agreement with Belgium, 10.19.3.20 Pensions Payable under the Agreement with Belgium

Last reviewed: 9 November 2015