The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. TheĀ 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. General Principles of the Agreement with Spain

General principles

The Agreement with Spain is a shared responsibility agreement that helps people to qualify for benefits they might not otherwise get and conforms to the principles of Australia's shared responsibility agreements by:

  • allowing people to lodge claims for benefits in Australia and Spain,
  • allowing people to totalise to meet minimum residence qualifications for Australian benefits and minimum contribution requirements for Spanish benefits,
  • allowing Agreement benefits to be paid in Australia and Spain,
  • offering income test concessions,
  • prescribing the calculation of Australian benefits inside and outside Australia, and
  • arranging for administrative cooperation between Australia and Spain.

In addition, Article 5 of the Agreement ensures that a Spanish contributor who works in Australia on a temporary basis and who continues to be an employee of an employer based in Spain (or is self-employed) can continue to be covered by the Spanish system. The out-posted worker will generally only be covered for 5 years, but Spain has the discretion to extend the period. A person in this situation will generally only have a visa to stay in Australia temporarily and is unlikely to be an Australian resident.

Act reference: SS(IntAgree)Act Schedule 5 Spain

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