10.2.1.40 Grandfathering Provisions - Agreement with New Zealand

Pensioners paid under the 1995 Agreement

The 1995 Agreement ceased operating from 1 July 2002. In most circumstances benefits granted before this date continue to be paid under the 1995 Agreement.

People paid under the 1995 Agreement could choose to surrender their benefit and re-apply under the 2001 Agreement. Once they did this they could not be transferred back to payment under the 1995 Agreement.

Australian Age can continue to be paid under the 1995 Agreement unless the person leaves Australia and travels to New Zealand for more than 26 weeks or moves permanently to New Zealand. In this case their payment will be reassessed using the current Agreement.

Australian WP and WidB paid under the 1995 Agreement can only continue to be paid during temporary absences from Australia of 4 weeks or less.

Australian DSP paid under the 1995 Agreement can only continue to be paid during temporary absences from Australia of 4 weeks or less. People who qualify for Australian DSP and are severely disabled may be able to transfer to payment under the current Agreement if they travel to New Zealand.

Australian PPS paid under the 1995 Agreement can only be paid during a temporary absence from Australia of 4 weeks or less.

PA and PPP paid under the 1995 Agreement can only be paid during a temporary absence from Australia of 4 weeks or less.

People paid under the 1995 Agreement who leave Australia for a third country for a longer period than that specified above, may be able to claim that payment in the third country if Australia has an Agreement with that country.

Grandfathering provisions under the current Agreement

Article 26 of the current Agreement (and Article 27 of the 2001 Agreement) preserves the entitlements of those persons already receiving benefits under the 2001 Agreement.

People granted DSP through use of residence in New Zealand at any age will be grandfathered and continue to receive their payment.

People receiving payments outside Australia and New Zealand at implementation will continue to be entitled to 26 weeks portability for that absence. Any future absences will be subject to the portability provisions outlined in Article 14 of the current Agreement.

Act reference: SS(IntAgree)Act Schedule 3 New Zealand

Last reviewed: 3 July 2017