Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may determine that a particular person's maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances ) exist:
(a) the person is severely disabled (see subsection 23(4B)); and
(b) the person is receiving disability support pension; and
(c) the person is terminally ill; and
(d) the person's absence from Australia is or will be permanent; and
(e) the purpose of the person's absence is:
(i) to be with or near a family member of the person (see subsection 23(14)); or
(ii) to return to the person's country of origin.
(2) The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.
(3) If the Secretary revokes the determination, this Part has effect after the revocation as if:
(a) the person's maximum portability period for the pension were worked out under whichever one of items 2, 2AA and 2A of the table in section 1217 applies; and
(b) if the person was absent from Australia at the time of the revocation--the person's absence started on the revocation; and
(c) if item 2 of the table in section 1217
applies--the person had not been absent from Australia at any time in the 12
months before the revocation.