188.8.131.52 Transferring to Age for a Recipient Overseas
Transfers to Age under SSAct subsection 43(1) & SS(Admin)Act section 12
A recipient may be transferred automatically to Age during an absence from Australia (1.1.A.320) if they become qualified for Age. WidB, MAA (newstart), PA and WA do not need 10 years' Australian residence. The delegate may determine the transfer is automatic under SS(Admin)Act section 12, if the recipient is concurrently qualified for Age. If that is done, a claim for Age does not have to be lodged and the recipient is not required to have 10 years qualifying residence.
All transfers of pensions paid under an international social security agreement remain as agreement pensions. It does not matter why the person was granted under the agreement (about half do not need to totalise, i.e. they have 10 years Australian residence) they avail themselves of the agreement lodgement provisions. They must stay under the umbrella of the agreement otherwise they would have to transfer immediately to an autonomous pension in all cases.
Transfer to an autonomous pension if and only if the recipient returns to Australia as an Australian resident, with a clear intention to remain permanently in Australia.
However, if the recipient does not have sufficient actual qualifying residence for Age and was receiving a payment because of the operation of an international social security agreement that Age will be taken to be payable to the recipient under the provisions of the international agreement.
Explanation: WidB recipients who are overseas or paid under an international social security agreement (1.1.A.120) or those WidB pensioners who receive ongoing compensation payments are not automatically transferred under this provision.