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.

10.15.9.40 Former Residents - Agreement with the USA

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. Article 5 of the Agreement specifically provides that this does not apply to people receiving payments under the Agreement.

Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain entitlement to that benefit.

Autonomous pensioners can transfer to a benefit under this Agreement to maintain qualification and portability provided they travel to the USA.

In both these cases the Agreement will determine the rate payable.

Act reference: SS(IntAgree)Act Schedule 13 USA

SSAct section 1220(1) No portability where claim based on short residence

Last reviewed: 9 November 2015

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