The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.1.10.30 Portability of DSP under an Agreement

Disability support pension

A person who receives DSP under an agreement will need that agreement to determine whether their payment is portable or not, and whether it is portable in the short or long term. Most agreements that include DSP allow for indefinite portability to the agreement country, (but non-severe DSP going to Austria or Germany is limited to only 13 and 26 weeks respectively), and limited portability to third countries for temporary absences. This means that people receiving DSP under an agreement may have their payment of DSP limited to 4 weeks in a 12 month period if they leave Australia or the agreement country temporarily.

Note: There is no portability period if the person is leaving Australia or the agreement country permanently unless the person is terminally ill.

Act reference: SSAct section 1218AA Unlimited portability period for DSP

Policy reference: SS Guide 7.1.2.20 Application of portability rules (portability table)

Autonomous pensioners

A person who receives DSP autonomously may need an agreement to guarantee long term portability into an agreement country. The relevant agreement chapter needs to be checked to determine whether long term portability is applicable. Agreements limit long term portability into an agreement country to only those who are severely disabled.

See 7.1.1.10 for details on how to treat people who were getting DSP before 1 November 1991 and who were overseas immediately before 20 September 2000.

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