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FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 6

- Amendments relating to periods of overseas residence and travel Part 1—Amendments relating to portability of pensions

Social Security Act 1991

1 Paragraphs 1220(1)(d), (e) and (f)

Repeal the paragraphs, substitute:

(d)
within the period of 12 months after the person again becomes an Australian resident, the person is granted, or is transferred to:

(i)
an age pension; or
(ii)
a disability support pension; or
(iii)
a bereavement allowance; and
(e)
after the pension or allowance is granted, or the person is transferred to the pension or allowance, as the case may be, but before the end of that period of 12 months, the person leaves Australia; and

2 Paragraphs 1220(2)(d), (e) and (f)

Repeal the paragraphs, substitute:

(d)
within the period of 12 months after the person arrives in Australia, the person is granted, or is transferred to:

(i)
an age pension; or
(ii)
a disability support pension; or
(iii)
a bereavement allowance; and
(e)
after the pension or allowance is granted, or the person is transferred to the pension or allowance, as the case may be, but before the end of that period of 12 months, the person leaves Australia; and

Part 2—Amendments relating to rates of pensions payable under portability provisions

Social Security Act 1991

3 After subsection 1220B(1)

Insert:

(1AA)
If a person is transferred from one payment to another while the person is absent from Australia, this section has effect as if the transfer had occurred immediately before the person left Australia.

4 After point 1221-B8

Insert in Module B:

1221-B9 If:

(a)
a person who is already receiving a social security payment (the former payment ) becomes qualified for another social security payment (the new payment ); and

(b)
point 1221-B6, 1221-B7 or 1221-B8 applied to the person in relation to the former payment;

that point continues to apply to the person in relation to the new payment.

Part 3—Amendments relating to the grant of pensions overseas

Social Security Act 1991

5 Subparagraph 1212(3)(c)(iii)

Repeal the subparagraph.

6 Subparagraph 1212(3)(c)(vi)

Repeal the subparagraph.

7 After subsection 1212(3)

Insert:

(3AA)
If:

(a)
a person outside Australia becomes qualified for an age pension; and

(b)
if the person had been in Australia, subsection 48(3) would have applied to the person in relation to the age pension;

subsection (3) of this section applies to the person in relation to the age pension as if paragraph (d) were omitted.

8 Subsection 1212(4) (note 1)

After "transferees", insert "(other than those covered by subsection (3AA))".

Part 4—Amendments relating to the application of international agreements where persons transfer to another pension while overseas

Social Security Act 1991

9 At the end of section 43

Add:

(3)
Subsection (1) has effect subject to subsection 1208(6) (continued operation of scheduled international social security agreement in relation to certain recipients of age pension).

10 At the end of section 1208

Add:

(6)
If:

(a)
immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and

(b)
on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c);

the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).

Part 5—Amendments relating to the waiver of debts arising under international agreements

Social Security Act 1991

11 At the end of section 1235

Add:

; or (c) a debt due to the Commonwealth under a scheduled international social security agreement.

Part 6—Amendments relating to the transfer to age pension of persons temporarily overseas

Social Security Act 1991

12 At the end of point 1210-A1

Add:

Note 4: Point 1210-A3 imposes a limit on the international agreement portability rate.

13 After point 1210-A2

Insert in Module A:

Limit on international agreement portability rate

1210-A3 If a person's international agreement portability rate as calculated under point 1210-A1 would exceed the rate (the notional rate) that would be the person's notional agreement pension rate under that point if the person had a residence factor of 1, the person's international agreement portability rate is the rate that equals the notional rate.


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