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.

10.2.9.30 People Who Travel to a Third Country - Agreement with New Zealand

Third country portability for temporary absences

Article 14 of the Agreement provides that the period that the relevant payment will be payable in a third country is determined by the portability period in social security law of Australia. Payment may by virtue of the Agreement for temporary absences only continue beyond the relevant portability period if the person is in a country with which Australia currently has a social security agreement.

The calculation of the benefit will generally remain the same for the temporary absence.

A person in receipt of an Australian pension residing in either Australia or New Zealand, who travels to Australia or New Zealand and then travels to a third country, will have their absence in a third country counted from the day they departed Australia or New Zealand.

Permanent departure from Australia or New Zealand to third countries

There is no portability under the Agreement for people departing permanently for a third country.

Autonomous pensions outside Australia or New Zealand

Autonomous pensioner's portability is determined by the social security law for the relevant payment.

Autonomous age pensioners will continue to have their rate calculated the same way up until the end of the period prescribed in the social security law for payment of a non-proportional Age outside Australia.

Autonomous DSP and CP will continue to have their rate calculated in the same way up until the end of the period prescribed in the social security law for payment of DSP or CP outside Australia (excluding any exceptions or unlimited portability).

Act reference: SS(IntAgree)Act Schedule 3 New Zealand

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