10.10.9.40 Former Residents - Agreement with Portugal
Former residents
SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave within 2 years, will no longer be entitled to that benefit.
Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain qualification provided they travel to Portugal.
Autonomous pensioners can transfer to a pension under this Agreement to maintain qualification and portability if they travel to Portugal.
In both these cases, the Agreement will determine the rate payable.
Act reference: SS(IntAgree)Act Schedule 9 Portugal
SSAct section 1220(1) No portability where claim based on short residence