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.

3.4.1.20 Payability of Age

Summary

This topic explains the payability provisions that apply to Age. The following table outlines the circumstances in which payability of Age is affected. If more detail about the circumstance is required, the second column indicates where you will find this.

Circumstances More detail
Age is NOT payable
Recipient's rate payable is nil.

Example: After the assets and income test

4.2.1.10 Pensions income test

4.2.3 Pensions & benefits assets tests

Pension is not payable before the start day. 8.3 Start days
ALL the general payability provisions. 3.1.6 General payability provisions

3.1.9 Compensation provisions

Act reference: SSAct section 44(1) Age pension not payable if pension rate nil

Compensation

Age granted on or after 20 March 1997, is a CAP (1.1.C.250).

Policy reference: SS Guide 3.1.9 Compensation provisions

Multiple entitlement exclusion

If a recipient is receiving Age, and another social security pension becomes payable to them, then Age is no longer payable.

Age is NOT payable to a recipient who is receiving these DVA payments:

  • service pension
  • war widow/er pension, AND
  • an ISS, or who would be eligible for ISS if they claimed one.

A war widow/er can continue to receive Age if they:

  • are currently in receipt of Age, AND
  • have been in continuous receipt of Age since 20 March 1995, AND
  • they elect, or are taken to have elected, to continue to receive Age.

In this event, they receive Age instead of ISS.

Act reference: SSAct section 47 Multiple entitlement exclusion, section 23(1)-'social security pension'

Policy reference: SS Guide 4.3.5.40 About DVA war widow/ers pension, MRCA death benefits, DRCA death benefits & ISS

Payment of Age overseas

Age is payable to recipients travelling overseas if they:

  • have lodged a claim and qualified before departure
  • are NOT travelling to New Zealand (see explanation), and
  • are NOT regarded as a 'former resident'.

Explanation: Special conditions apply to recipients travelling to New Zealand.

If Age was granted under an international agreement (1.1.A.120), different portability rules may apply.

Act reference: SSAct section 1213 Person to whom Division applies, section 1214 Some payments generally portable with no time limit, section 1220 No portability where claim based on short residence, section 1220A Proportionality - age pension rate

SS(Admin)Act section 16 How to make a claim

Policy reference: SS Guide 7.1 Conditions for payment outside Australia

Last reviewed: