SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999
Subject to sections 17 and 21 , a person ' s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person ' s working life during which the person has, up to that time, been an Australian resident.
S 16 amended by No 14 of 2014, Sch 4 item 7, effective 1 July 2014.
No 14 of 2014, Sch 4(14) contains the following application provisions:
then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person
'
s period of absence from Australia starting on the departure day. then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person
'
s period of absence from Australia starting on the relevant day. then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person
'
s period of absence from Australia starting on the departure day. then the amendments made by items 7 and 8 apply in relation to working out the rate of that wife pension or carer payment on or after 1 July 2014. then the amendments made by items 7 to 13 apply in relation to working out the rate of that payment.
14 Application of amendments
Periods of absence from Australia
(1)
Subject to this item, the amendments made by items 7 to 13 apply in relation to periods of absence from Australia starting on or after 1 July 2014.
(2)
If:
(a)
immediately before 1 July 2014 a person was receiving a social security payment under a scheduled international social security agreement; and
(b)
immediately before 1 July 2014 the person was in Australia but was not residing in Australia; and
(c)
the person leaves Australia on a day (the
departure day
) that is before the end of the period of 26 weeks beginning on 1 July 2014; and
(d)
on the departure day the person is receiving that payment;
(3)
If:
(a)
because of subitem (2), the amendments made by items 7 to 13 did not apply in relation to the person
'
s period of absence from Australia starting on the departure day; and
(b)
after the departure day the person returns to Australia; and
(c)
immediately before returning to Australia the person is receiving that payment; and
(d)
the person leaves Australia on a day (the
relevant day
) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and
(e)
on the relevant day the person is receiving that payment;
(4)
If:
(a)
immediately before 1 July 2014 a person was outside Australia and was receiving a social security payment under a scheduled international social security agreement at a rate worked out under Part 3 of the
Social Security (International Agreements) Act 1999
; and
(b)
on or after 1 July 2014 the person returns to Australia; and
(c)
immediately before returning to Australia the person is receiving that payment at that rate; and
(d)
the person leaves Australia on a day (the
departure day
) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and
(e)
on the departure day the person is receiving that payment (regardless of how the rate of that payment is being worked out);
(5)
If none of subitems (2) to (4) have the effect that the amendments made by items 7 to 13 do not apply in relation to a person
'
s period of absence from Australia starting on or after 1 July 2014, then, despite subitems (2) to (4), the amendments made by items 7 to 13 apply in relation to any other period of absence from Australia of the person starting on or after that day.
Existing recipients of wife pension or carer payment
(6)
If:
(a)
immediately before 1 July 2014 a person was receiving a wife pension or a carer payment under a scheduled international social security agreement; and
(b)
immediately before 1 July 2014 the person
'
s period of Australian working life residence exceeded the period of Australian working life residence of:
(i)
if the person was receiving a wife pension
-
the person
'
s partner; or
(ii)
if the person was receiving a carer payment
-
the person for whom the person was providing care;
New recipients of social security payments
(7)
If:
(a)
a person is outside Australia on or after 1 July 2014 (regardless of when the absence began); and
(b)
the person
'
s start day, in relation to a social security payment under a scheduled international social security agreement, is on or after 1 July 2014;
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