SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999

PART 3 - CALCULATION OF INTERNATIONAL AGREEMENT PORTABILITY RATES

Division 2 - Australian working life residence

SECTION 16

16 AUSTRALIAN WORKING LIFE RESIDENCE GENERALLY

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.

View history note

History

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:

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;
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.

(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;
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.

(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);
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.

(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;

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.

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;
then the amendments made by items 7 to 13 apply in relation to working out the rate of that payment.

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