10.32.9.40 Former Residents - Agreement with India
SSAct section 1220(1) provides that former residents who return to Australia, who are granted an age pension, then subsequently leave within 24 months of the date they returned for residence, will no longer be entitled to that pension outside Australia.
The Agreement effectively overcomes this restriction for former residents who have 12 months AWLR after 16 November 1995 or who return to Australia and claim age pension under the Agreement and subsequently leave Australia within 24 months to go to India. However, in these circumstances, the age pension under the Agreement is paid using the outside Australia rate (10.32.8.20) as soon as the person leaves Australia.
Act reference: SS(IntAgree)Act Schedule 31 Republic of India
Policy reference: SS Guide 10.32.8.20 Outside Australia Rate - Agreement with India