126.96.36.199 Issues affecting qualification for PA
- assurance of support (1.1.A.310)
- partner loses qualification
- partner serving a non-payment period
- payment during overseas travel.
Act reference: SSAct section 23(5A) to section (5D) Pension age
Assurance of support
A person is not SPECIFICALLY precluded from qualifying for PA if they have entered Australia under an AoS that is in force when they lodge a claim. However:
- PA is NOT payable if the main allowance recipient is not receiving an allowance, and
- the AoS agreement may specify that PA is a recoverable payment for AoS purposes.
Although PA cannot be rejected for a claimant for whom an AoS is in place, both the assurer (1.1.A.310) and the assuree must be clearly advised that PA, if granted, is a recoverable debt.
Partner loses qualification
Once PA has been granted, a recipient REMAINS qualified for PA, even after their partner's eligibility for payment ceases. The PA recipient's partner's eligibility will generally cease because they returned to work and therefore, their income MAY preclude payment of PA.
Partner serving a non-payment period
If a PA recipient's partner is serving a non-payment period as a result of an activity test failure, the PA recipient CAN still qualify and be paid PA from the date JSP would OTHERWISE be payable to their partner.
Explanation: The intention here is to avoid a situation where the dependent partner is left without income.
Policy reference: SS Guide 188.8.131.52 Payability of PA
Payment during temporary absences overseas
A recipient must be in Australia to qualify for PA. Once qualified, they may continue to receive PA during a temporary absence from Australia for 6 weeks or less.