Social Services and Other Legislation Amendment Act 2014 (14 of 2014)

Schedule 4   Period of Australian working life residence

Social Security (International Agreements) Act 1999

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.