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.

10.32.9.40 Former Residents - Agreement with India

Former residents

SSAct section 1220(1) provides that former residents who return to Australia, who are granted an age pension, then subsequently leave within 24 months of the date they returned for residence, will no longer be entitled to that pension outside Australia.

The Agreement effectively overcomes this restriction for former residents who have 12 months AWLR after 16 November 1995 or who return to Australia and claim age pension under the Agreement and subsequently leave Australia within 24 months to go to India. However, in these circumstances, the age pension under the Agreement is paid using the outside Australia rate (10.32.8.20) as soon as the person leaves Australia.

Act reference: SS(IntAgree)Act Schedule 31 Republic of India

Policy reference: SS Guide 10.32.8.20 Outside Australia Rate - Agreement with India

Last reviewed: 4 January 2016

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