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