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.

10.8.9.40 Former Residents - Agreement with the Netherlands

Former residents

SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave again within 24 months, will no longer be entitled to that benefit.

Article 23, paragraph 3 of the Agreement with the Netherlands protects people paid under the Agreement from section 1220(1).

Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain qualification.

Autonomous pensioners can transfer to a benefit under this Agreement to maintain qualification and portability.

In both these cases the Agreement will determine the rate payable.

Act reference: SS(IntAgree)Act Schedule 7 The Netherlands

SSAct section 1220(1) No portability when claim based on short residence

Last reviewed: 9 November 2015

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