SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999

PART 2 - INTERNATIONAL SOCIAL SECURITY AGREEMENTS  

SECTION 12   RATE OF PENSION OR ALLOWANCE PAYABLE UNDER AGREEMENT WHERE RATE TO BE DETERMINED UNDER LAW OF AUSTRALIA  

12(1)   [International agreement portability rate]  

If:

(a) a social security payment is payable to a person under a scheduled international social security agreement; and

(b) the person is outside Australia; and

(c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;

the rate of the social security payment is the person's international agreement portability rate worked out in accordance with Part 3.

12(2)   [Period of residence in Australia]  

A reference in the agreement to a person's period of residence in Australia is to be taken to be a reference to the period of the person's Australian working life residence for the purposes of this Act.