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.

10.14.100 German glossary

Introduction

This section contains definitions of terms applicable to the Agreement with Germany

Benefit

Benefit, for Australia, means a benefit, pension or allowance payable under Australian social security legislation as specified in Article 2 of the Agreement. This includes Age and, in some cases, CP, DSP, PPS and DOP (see definitions below). It also includes any additional amount or increase that is payable to a person who qualifies for that increase, including pension supplement and RA for people in Australia. Any additional amounts are subject to the portability restrictions under the SSAct for people outside Australia.

Note: Although listed as Australian benefits covered in Article 2 of the Agreement, from 20 March 2020, WP, WidB and BVA ceased. Recipients of these payments were transferred to another payment, such as Age, where eligible.

Benefit, for Germany, means a pension, benefit or allowance payable under German Social Security Acts as specified in Article 2 of the Agreement.

More information on benefits under German Law is available from the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ).

Carer payment

Under the Agreement with Germany, qualification for CP is restricted to a partner of a person who is in receipt of an Australian Age or DSP.

CP is not payable in Germany to a person who has not been an Australian resident for the required period (10.14.5.10).

Disability support pension

DSP for people living in Germany can only be granted to people who are severely disabled.

DSP can be granted to people in Australia who are not severely disabled, if the person does not otherwise qualify on residence grounds.

Double orphan pension

Under the Agreement, DOP is payable in respect of a young person whose sole surviving parent died while the young person was an Australian resident. However, in order to be paid DOP outside Australia, both the young person and the person claiming DOP must be residents of Germany.

Note: The person claiming DOP does not need to have been an Australian resident.

Exempt income

The Agreement provides that 'any German social assistance and payments of a similar character provided in case of need', payable to a person who lives in Germany - regardless of whether the person is paid under the Agreement or autonomously - are to be disregarded under the Australian income test; see 10.14.8.60 Exempt Payments - Agreement with Germany.

The following German payments qualify as exempt income for the above purposes:

  • Benefits in accordance with the Federal Social Welfare Act (Bundessozialhilfegesetz [BSHG])
  • Welfare benefits for war victims in accordance with the Federal War Victims Relief Act (Bundesversorgungsgesetz [BVG]).
National

For Australia, means a citizen of Australia.

For Germany, means a German citizen within the meaning of Germany's Basic Law (Grundgesetz).

Parenting payment (single)

Under the Agreement PPS is limited to widowed persons.

Widowed person

This means a person (male or female) who stops being a partnered person because of the death of the person's partner. It does not include someone who has a new partner. Payments that can be granted to widowed persons are PPS (and, prior to 20 March 2020, BVA).

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