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.

10.32.8.40 Inside Australia Rate - Agreement with India

Inside Australia rate

The rate of pension payable under the Agreement to people who are inside Australia is calculated according to 10.1.9.60.

People paid the inside Australia rate under Article 14, paragraph 3 have their Indian benefit directly deducted from the maximum rate of Australian age pension for as long as they reside in Australia and rely on the Agreement. After they have accrued 10 years of Australian residence, and no longer need to totalise under the Agreement, their Indian pension will be treated as ordinary income, and the ordinary income test should be applied.

Temporary departure from Australia

Article 14, paragraph 4 provides that people paid under the Agreement who reside in Australia, and temporarily travel to India, will continue to have their rate calculated under the inside Australia rate for up to 26 weeks.

Act reference: SS(IntAgree)Act Schedule 31 Republic of India

Last reviewed: 4 January 2016

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