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.

10.2.100 New Zealand Glossary

Introduction

This section contains a list of terms used in and applicable to agreements.

Australian Age Pension

To qualify for Australian Age under this Agreement the person must:

  • have reached pension age as defined in the Agreement, and
  • be an Australian or New Zealand resident and physically present long term in Australia or New Zealand, and
  • meet income and asset test criteria, and
  • be residentially qualified to receive an Australian Age, or
  • be able to totalise, using working age residence (WAR) in New Zealand, to meet the residence qualification for an Australian benefit, (and if resident in New Zealand, have a minimum of 12 months WAR in Australia, including 6 months continuous).
Australian Carer Payment

To qualify for CP under the Agreement the person must:

  • be an Australian or New Zealand resident and physically present long term in Australia or New Zealand, and
  • be the partner and carer of a recipient of DSP, and
  • satisfy the 'caring for' criteria in 1.1.Q.10, and
  • the DSP recipient must be assessed as needing care, and
  • have 2 years residence in Australia, or in New Zealand, or an aggregate of 2 years between Australia and New Zealand.

Note: The 2 year period above satisfies NARWP.

Australian Disability Support Pension

To qualify for Australian DSP under this Agreement a person must:

  • be an Australian or New Zealand resident and physically present long term in Australia or New Zealand, and
  • be assessed as severely disabled, and
  • be resident in Australia or New Zealand when they became severely disabled, and
  • have 12 months residence in the other country prior to the date of severe disablement, and
  • meet the income and assets test, and
  • meet the residence qualifications for Australian DSP, or
  • if resident in New Zealand, have a minimum of 12 months WAR in Australia, including 6 months continuous.
Australian Resident

Australian resident is defined in SSAct section 7(2). The Agreement modifies this to include New Zealand citizens who legally reside in Australia on an SCV and meet criteria regarding:

  • nature of their accommodation in Australia,
  • nature and extent of their family relationships in Australia,
  • nature and extent of their employment, business and financial ties in Australia,
  • nature and extent of their assets in Australia,
  • frequency and duration of their travel outside Australia, and
  • any other matter which may be relevant to determining whether they are an Australian resident or not.

Act reference: SSAct section 7(2) An Australian resident…

Benefit

Benefit is defined as those benefits covered by Article 2 of the Agreement.

Competent Institution

Competent institution is the institution responsible for the administration of Australia's and New Zealand's social security law. For Australia this is Centrelink. For New Zealand this is Work and Income New Zealand.

Date of Severe Disablement

This is the date a person who is applying for DSP or supported living payment is first assessed as meeting the criteria for those benefits under the Agreement. An earlier date can be accepted if evidence supports this and the competent institutions agree.

Protected SCV Holder

This is defined in SSAct section 7(2A) to section 7(2G). Holders of a protected SCV are entitled to a full range of social security payments because they satisfy the definition of an Australian resident.

Act reference: SSAct section 7(2A) to section 7(2G) Australian residence definitions

Severely Disabled

Severely disabled is defined in Article 1 of the Agreement and in 1.1.S.110 of the SS Guide. This definition is used with other relevant criteria in the social security law to determine eligibility for Australian DSP and New Zealand supported living payment under the Agreement.

Special Category Visa

SCV is a visa granted only to New Zealand citizens allowing them to enter and remain in Australia. It is granted on presentation of a valid New Zealand passport and a completed passenger card. No visa label is issued and entry to Australia is recorded electronically. Although this is a temporary visa, SCV holders can remain in Australia indefinitely and enjoy full work rights. Access to social security income support is limited to those payments covered by the Agreement.

Third Country Residence

Third country residence refers to residence in a country other than Australia or New Zealand.

Working Age Residence

WAR refers is defined in Article 5 of the Agreement. It refers to periods of residence in Australia or New Zealand from the age of 20 until the qualifying age for age pension in Australia or the qualifying age for NZS, whichever is relevant (up to a maximum of 45 years), but does not include deemed residence under totalisation.

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