10.32.8.20 Outside Australia Rate - Agreement with India
Outside Australia rate
Article 14, paragraph 1 of the Agreement provides the rate of Australian benefit paid under the Agreement to a person living outside Australia. However only AWLR after 16 November 1995 is used and no additional child amount is included.
This means that the person is paid a rate that is proportional to the period of their Australian residence accrued during their working life and after 16 November 1995 (10.32.8.30).
Former Australian residents living in India will have their pension rate calculated based on their AWLR over a denominator of 540 months (45 years).
Temporary return to Australia
Article 14, paragraph 2 provides that people paid under the Agreement who reside in India and travel to Australia temporarily will continue to receive the proportional rate for up to 26 weeks. Once they have been in Australia for more than 26 weeks, their rate will be calculated using the inside Australia rate (10.32.8.40).
DHS (Centrelink) will decide whether a person is a resident of Australia on the basis of the person's circumstances in accordance with SSAct sections 7(2) and 7(3).
Act reference: SS(IntAgree)Act Schedule 31 Republic of India
SSAct section 7(2) An Australian resident is a person who, section 7(3) In deciding for the purposes of this Act whether or not a person is residing in Australia…
Policy reference: SS Guide 10.1.9.20 Outside Australia Rate for Agreement Payments, 10.32.8.30 Australian Working Life Residence - Agreement with India, 10.32.8.40 Inside Australia Rate - Agreement with India