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.

10.4.8.20 Outside Australia Rate - Agreement with Italy

Outside Australia rate

Article 8 of the Agreement with Italy allows for the rate of Australian benefit paid to a person living outside Australia to be calculated using the overall calculation process in SS(IntAgree)Act section 13. This means the person is paid a rate that is proportional to their Australian working life residence. See 10.1.9.20 for details.

Savings provisions

Savings provisions apply to people who are paid under the previous Agreement. Article 8, paragraph 9 of the previous Agreement allows for a person to be paid the higher of the proportional rate or the direct deduction rate when they are outside Australia, if the person was:

  • an Australian resident on 8 May 1985, and
  • was granted a benefit before 1 January 1996, and
  • left Australia before 1 January 1996.

However, should these people return to Australia for more than 26 weeks, and then leave Australia again, they will no longer be covered by the above savings provision. This means their rate will be subject to the proportional portability rules of the current Agreement.

Act reference: SS(IntAgree)Act Schedule 2 Italy, section 13 Overall calculation process

Policy reference: SS Guide 10.1.9.20 Outside Australia Rate for Agreement Payments

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