126.96.36.199 Payability of Age
This topic explains the payability provisions that apply to Age. The following table outlines the circumstances in which payability of Age is affected. If more detail about the circumstance is required, the second column indicates where you will find this.
|Age is NOT payable|
|Recipient's rate payable is nil.
Example: After the assets and income test.
|188.8.131.52 Pensions income test
4.2.3 Pensions & benefits assets tests
|Pension is not payable before the start day.||8.3 Start Days|
|ALL the general payability provisions.||3.1.6 General Payability Provisions
3.1.9 Compensation Provisions
Act reference: SSAct section 44(1) Age pension not payable if pension rate nil
Policy reference: SS Guide 3.1.9 Compensation Provisions
Multiple entitlement exclusion
If a recipient is receiving Age, and another social security payment becomes payable to them, then Age is no longer payable.
Age is NOT payable to a recipient who is receiving these DVA payments:
- service pension,
- war widow/er pension, AND
- an ISS, or who would be eligible for ISS if they claimed one.
A war widow/er can continue to receive Age if they:
- are currently in receipt of Age, AND
- have been in continuous receipt of Age since 20 March 1995, AND
- they elect, or are taken to have elected, to continue to receive Age.
In this event, they receive Age instead of ISS.
Act reference: SSAct section 47 Multiple entitlement exclusion, section 23(1)-'social security payment'
Policy reference: SS Guide 184.108.40.206 About DVA War Widow/ers Pension, MRCA Death Benefits, SRCA Death Benefits & ISS
Payment of Age overseas
Age is payable to recipients travelling overseas if they:
- have lodged a claim and qualified before departure,
- are NOT travelling to New Zealand (see explanation), and
- are NOT regarded as a 'former resident'.
Explanation: Special conditions apply to recipients travelling to New Zealand.
If Age was granted under an international agreement (1.1.A.120), different portability rules may apply.
Act reference: SSAct section 1213 Person to whom Division applies, section 1214 Some payments generally portable with no time limit, section 1220 No portability where claim based on short residence, section 1220A Proportionality - age pension rate
SS(Admin)Act section 16 How to make a claim
Policy reference: SS Guide 7.1 Conditions for payment outside Australia
Partner in an employment income nil rate period
The partner of an Age recipient on WP may qualify for an employment income nil rate period. During that period the Age would also be not payable (due to the combined income test), however, the Age should be SUSPENDED not CANCELLED until the end of the WP recipient's nil rate period.
Explanation:If the Age were to be cancelled, this would cause the WP to be cancelled, as the WP qualification depends on the Age remaining current. If the Age was cancelled, it would overrule the nil rate period for the WP.
At the end of the WP employment income nil rate period, if income still precludes payment then both payments are then cancelled.
Policy reference: SS Guide 3.1.12 Employment Income Nil Rate Period