10.33.7.40 Outside Australia Rate - Agreement with Estonia
Outside Australia rate
Article 12, paragraph 1 of the Agreement provides that the rate of Australian benefit paid under the Agreement to a person living outside Australia is calculated using the Overall Rate Calculation Process in SS(IntAgree)Act section 13. However no additional child amount is included.
This means that the person is paid a rate that is proportional to the duration of their Australian residence during their working life (10.33.7.20).
Former Australian residents living in Estonia will have their pension rate calculated based on their Australian working life residence over a denominator of 420 months (35 years).
Temporary return to Australia
Article 12, paragraph 2 provides that people paid under the Agreement who reside in Estonia 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 in 10.33.7.30.
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 32 Republic of Estonia
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, 10.33.7.20 Australian Working Life Residence - Agreement with Estonia, 10.33.7.30 Inside Australia Rate - Agreement with Estonia