The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.2.9.10 Portability & the Agreement with New Zealand

Autonomous payments not within the scope of the Agreement

Portability of autonomous payments not within the scope of the Agreement are covered by domestic legislation (7.1.1).

Autonomous payments within the scope of the Agreement

Autonomous pensioners in receipt of an Australian benefit covered by the scope of the Agreement who travel to New Zealand temporarily (less than 12 months) can continue to receive the same rate of pension for up to 26 weeks. After 26 weeks their rate will be proportionalised depending on their working age residence (WAR) in Australia and New Zealand, see 10.2.8.40. They can then apply for a New Zealand 'top up' payment. However, pensioners who choose to claim their 'top up' of New Zealand pension within the 26 week period (hence indicating an intention to remain in New Zealand permanently or for more than 12 months) will have their Australian pension proportionalised from the date they apply for a New Zealand pension.

Autonomous pensioners in receipt of an Australian benefit covered by the Agreement who travel to New Zealand permanently or temporarily but intend remaining for more than 12 months, will have their Australian pension proportionalised according to their WAR in Australia and New Zealand, see 10.2.8.40. They are entitled to lodge a claim for New Zealand 'top up' pension. Their Australian pension is proportionalised from the date they arrive in New Zealand.

Portability of payments made under the Agreement

Article 14 of the Agreement covers portability of Australian and New Zealand benefits between Australia and New Zealand, and outside Australia and New Zealand.

Age paid under the Agreement is portable for temporary absences in third countries for the period that Age is payable outside Australia on a non-proportional basis.

CP and DSP are portable for temporary absences in third countries only for the same period these payments are portable in the social security law of Australia (without regard to exceptions or unlimited portability for DSP).

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

Last reviewed: