10.8.9.40 Former Residents - Agreement with the Netherlands
SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave again within 24 months, will no longer be entitled to that benefit.
Article 23, paragraph 3 of the Agreement with the Netherlands protects people paid under the Agreement from section 1220(1).
Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain qualification.
Autonomous pensioners can transfer to a benefit under this Agreement to maintain qualification and portability.
In both these cases the Agreement will determine the rate payable.