10.19.9.40 Former Residents - Agreement with Belgium
SSAct section 1220(1) provides that former residents who return to Australia, are granted a pension, then subsequently leave within 24 months, will no longer be entitled to that pension.
Article 26, paragraph 6 of the Agreement specifically provides that this does not apply to people receiving pensions under this Agreement. Accordingly, former residents who return to Australia and claim a pension under the Agreement, can subsequently leave Australia within 24 months and retain qualification.
Autonomous pensioners can transfer to a pension under this Agreement in order to maintain qualification and portability, if they travel to Belgium.
In both these cases the Agreement will determine the rate payable.