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.

10.6.9.40 Former Residents - Agreement with Spain

Former residents

SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave within 24 months, will no longer be entitled to that benefit.

Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain qualification provided they travel to Spain or a relevant third country (10.6.4.10).

Autonomous pensioners can transfer to a benefit under this Agreement to maintain qualification and portability provided they travel to Spain.

In both these cases, the Agreement will determine the rate payable.

Act reference: SS(IntAgree)Act Schedule 5 Spain

SSAct section 1220(1) No portability when claim based on short residence

Policy reference: SS Guide 10.6.4.10 Who Can Lodge Claims under the Agreement with Spain

Last reviewed: 9 November 2015

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