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.

7.3.2 CFP exemptions

Reasons for an exemption

If a CFP notice has been issued to a person (7.3.3), the person can subsequently be exempt from the requirement to claim a CFP if the delegate is satisfied that the person:

  • is not entitled to claim a CFP under the law of the claim country or the CFP cannot be paid in Australia due to foreign exchange restrictions or other economic or political restrictions (7.3.3)
  • would be entitled to a CFP but the person's state of health is such that they could not reasonably be expected to provide the information needed to assess entitlement and there is no other person available to assist with the claim process (see below)
    • Example: Persons with dementia or other serious ongoing illness.
  • would be entitled to a CFP but the person has suffered a bereavement such that they could not reasonably be expected to provide the information needed to assess entitlement during the bereavement period (see below)
    • Example: Loss of a partner, child and/or care receiver.
  • would be entitled to a CFP but the person would be traumatised, or there would be other adverse effects on the person or their immediate family, from any requirement necessitating contact with the authorities in the CFP claim country. The person may object to contacting the authorities of the CFP claim country on the grounds that such contact may lead to persecution by the authorities of the CFP claim country and thus jeopardise their safety or the safety of another person. In all circumstances, the person's objection must appear reasonable (see below).
  • would be entitled to a CFP but the person is elderly and the claim would be likely to yield a CFP at a rate that would not materially affect their Australian pension entitlement (see below).

Ill health

Any request for an exemption from the requirement to claim a CFP on the grounds of ill health should be supported by evidence from a health care professional.

Examples: A doctor, a social worker, the manager of a health care facility or a trained nurse.

Bereavement

The bereavement period is generally the period of 14 weeks that starts on the day on which the person died. This is equivalent to the bereavement period for bereavement payments, but a person does not have to be receiving bereavement payments in order to be eligible for a CFP exemption.

Any request for an exemption from the requirement to claim a CFP on the grounds of bereavement should be supported by proof of death, unless the circumstances have otherwise been confirmed (for example, the person is receiving bereavement payments in respect of the deceased person).

Examples: Proof of death could include:

  • a death certificate
  • a notice of death from the deceased person’s financial institution
  • a letter from a solicitor confirming that they are acting for the deceased person's estate
  • a letter or invoice from the funeral director showing the funeral costs and the deceased person’s details, including name and date of death, or
  • a letter from a treating health care professional such as a doctor, a social worker, or trained nurse confirming the deceased person’s death.

At the end of the bereavement period, the person may then be required to take reasonable steps to claim the CFP, unless they are eligible for another exemption. For example, if their health has been impacted by the bereavement, they may be eligible for a CFP exemption on the basis of ill health (see above).

Act reference: SSAct section 21(2)(a) the bereavement period in relation to the person's death …

Policy reference: SS Guide 3.1.5 Bereavement payment provisions, 1.1.B.40 Bereavement period, 2.2.6 Confirming a death

Political reasons

A person cannot be exempted from the CFP requirements solely on the basis of:

  • a claim that the person has severed all ties with the country, or
  • not recognising the validity or existence of that country.

However, if the Secretary's delegate is satisfied that a person has a well founded fear of persecution if they were to lodge a claim for a CFP, then the delegate can decide not to require the person to claim or pursue the CFP.

Explanation: 'Persecution' is when a country or an organised group breaches a person's basic human rights.

Example: If by claiming a CFP the person would risk immediate and serious threat to life, health or well being, of the person or that person's immediate family (other than economic wellbeing), the person should be exempted from the CFP requirement.

The fear of persecution must be well founded to be a valid reason for exemption from the CFP requirements. There must be sufficient evidence of actual or likely persecution to satisfy an objective third person.

If the fear of persecution is not well founded, but the person believes so strongly that persecution is likely that their health would be seriously affected if required to comply with CFP requirements, consideration should be given to granting an exemption. Exempting a person from the requirement to claim CFP on medical grounds is subject to evidence from a medical professional.

Person is elderly with a minimal CFP amount

If a person is over 80 years of age, consideration should be given to exempting them from the requirement to claim but only if the CFP entitlement arises from contributions of:

  • 5 years or less, and the extra income needed to affect the rate of Australian pension is $500.00 a year or more
  • between 5 and 10 years and the extra income needed to affect the rate of Australian pension is $1,000 a year or more. In this case the person must be advised of the possibility of CFP entitlement and that Centrelink can help them claim it if they want to, or
  • between 10 and 15 years and the extra income needed to affect the rate of Australian pension is $1,500 a year or more. In this case the person must be advised of the possibility of CFP entitlement and that Centrelink can help them claim it if they want to. If they still do not claim the CFP, they will be required to sign an authority for Centrelink to obtain information about possible entitlements from the authority in the agreement country.
Explanation: An authority for Centrelink to obtain information should contain the following information:
  • 'I, (name of person) authorise (name of overseas authority, (for example, the Maltese Department of Social Security)) to give Centrelink in Australia the information it needs to determine my entitlement to Australian pension.'

If a person is considered for exemption from the CFP provisions under the last situation, but declines to claim the CFP voluntarily and refuses to sign an authority, the CFP provisions must be applied in accordance with normal procedure. If an exemption is to be considered in line with those procedures, it can only be considered because of illness, bereavement or political reason.

Duration of exemption

A CFP exemption is not indefinite. If the reason for which the exemption was given ceases to apply, the person may then be required to take reasonable steps to claim the CFP.

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