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.

10.6.9.20 Australia to Spain & Spain to Australia

Moving between Australia & Spain

Generally, benefits paid under the Agreement with Spain are portable indefinitely when the person travels between Australia and Spain. This means people being paid benefits under the Agreement can travel between Australia and Spain without the time restrictions that may apply to autonomous pensioners.

The exception to this are the following Spanish benefits which are only payable in Spain:

  • temporary incapacity, maternity and risk during pregnancy benefits,
  • unemployment benefits, and
  • Spain's non-contributory benefits.

Australia to Spain

People paid under the Agreement who leave Australia permanently will have their rate calculated using the outside Australia rate in 10.6.8.20 immediately they leave Australia.

People paid under the Agreement who reside in Australia and travel to Spain temporarily will have their rate calculated using the inside Australia rate in 10.6.8.50 for a period of 26 weeks or less. Once they have been in Spain for more than 26 weeks, their rate will be calculated using the outside Australia rate in 10.6.8.20.

Spain to Australia

People paid under the Agreement who reside in Spain and travel to Australia temporarily will have their rate calculated using the outside Australia rate in 10.6.8.20 for a period of 26 weeks or less. Once they have been in Australia for more than 26 weeks, their rate will be calculated using the inside Australia rate in 10.6.8.50.

People who come permanently to Australia from Spain who do not qualify for an Australian benefit in their own right, will have their rate calculated using the inside Australia rate in 10.6.8.50 immediately they arrive in Australia. Their rate will change to the normal autonomous rate as soon as they meet the usual residential qualifying periods, for example, 10 years residence for Australian Age Pension.

Note: Carer payment granted under the Agreement to a person residing in Spain is payable in Australia for up to 26 weeks. Carer Payment under the Agreement cannot be granted to a person residing in Australia.

Act reference: SS(IntAgree)Act Schedule 5 Spain

Policy reference: SS Guide 10.6.8.20 Outside Australia - Agreement with Spain, 10.6.8.50 Inside Australia - Agreement with Spain

Last reviewed: