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Customers overseas on 1 July 2004 061-01040000



This document outlines information about significant changes to the laws governing portability of Centrelink payments from 1 July 2004.

Portability rules

This table describes the advantages of post and pre 1 July 2004 portability rules for Disability Support Pension (DSP), Wife Pension and Widow B Pension.

Item

Description

1

Pre 1 July 2004 portability rules for DSP + Read more ...

Customers not saved under the pre 20 September 2000 portability rules

  • DSP paid to severely disabled customer was portable indefinitely, proportional rate paid after 26 weeks absence unless exempt (became unable to work or permanently blind while an Australian resident)
  • DSP paid to customers not severely disabled was portable for up to 26 weeks
  • Customers were saved from proportional portability if they became unable to work or permanently blind while a resident of Australia
  • Customers had to use their own working life residence

Customers saved under the pre 20 September 2000 portability rules

  • DSP paid to customers not severely disabled and granted before 12 November 1991 was portable indefinitely
  • Customers were paid a proportional rate after 12 months absence from Australia
  • Customers are not paid a proportional rate if they were:
    • Granted a pension before 2 July 1986, or
    • Australian resident on 8 May 1985 and travelled to a non-Agreement country, or
    • Australian resident on 8 May 1985, travelled to an Agreement country before 1 January 1996, or
    • Australian resident on 8 May 1985, travelled to an Agreement country on or after 1 January 1996 and has not been an Australian resident since
  • The customer could also use their Age or DSP partner's working life residence if it were higher than their own

For further information, see Customers overseas on 20 September 2000.

2

Pre 1 July 2004 portability rules for Wife Pension (WFA or WFD) and Widow B Pension (WidB) + Read more ...

Wife Pension (WP) and WidB ceased 20 March 2020. WP and WidB customers who were age pension age 20 March 2020 automatically transferred to Age Pension retaining their existing savings provision.

Customer was an entitled person:

  • Wife or Widow B Pension was portable indefinitely
  • Payment was made at a proportional rate according to working life residence after 26 weeks absence from Australia (unless for WidB customers, the widowhood occurred while an Australian resident)
  • Customers saved under the pre 20 September 2000 portability rules were paid a proportional rate 12 months after departure from Australia. Some customers were saved from this proportional rate of payment

Customer was not an entitled person:

  • These customers lost their 1 July 2004 savings provisions as soon as they returned to Australia
  • Maximum portability period of 26 weeks after which the payment ceased. This period reduced to 13 weeks for departures on or after 1 July 2004 and from 1 January 2013 reduced to a maximum of 6 weeks
  • Customers saved under the pre 20 September 2000 portability rules received payment for 12 months after departure from Australia

For details regarding the saved 20 September customers, see Customers overseas on 20 September 2000.

3

Advantages of post 1 July 2004 portability rules + Read more ...

Customers whose Family Tax Benefit (FTB) or Parenting Payment (PP) was cancelled because they remained outside Australia for more than 26 weeks had to return to Australia for a minimum of 26 weeks before their payment was portable again.

  • From 1 July 2004, the return to Australia only needed to be 13 weeks before payment was portable again
  • From 1 January 2013, the return to Australia only needs to be 6 weeks before payment is portable again

4

Advantages of pre 1 July 2004 portability rules + Read more ...

Disability Support Pension

  • DSP paid to severely disabled customers who are saved under the 1 July 2004 savings is portable indefinitely
  • From 1 July 2004, the maximum portability period was reduced to 13 weeks from departure and again from 1 January 2013 to a maximum of 6 weeks. Note: from 1 January 2012, customers leaving to live in another county who are not exempt from the ongoing residence requirement will cease to be eligible for DSP from the date of departure, as they will no longer be a resident of Australia. From 1 January 2015, DSP customers departing Australia temporarily are entitled to receive payments for up to 4 weeks in a rolling 12 month period
  • Customers not severely disabled whose DSP portability was limited under the 20 September 2000 savings provision (that is, not those customers whose DSP was portable indefinitely as they were granted before 12 November 1991), could be paid for up 12 months rather than 6 weeks after departure

Wife Pension (WP) and Widow B pension (WidB) (Payments ceased 20 March 2020)

  • WP or WidB paid to a not entitled customer saved under the pre 20 September 2000 portability rules was portable for 12 months rather than the current maximum portability period. A not entitled person lost any savings immediately on return to Australia

Other Centrelink Payments

  • Before 1 July 2004, the following payments were portable for up to 26 weeks. After 1 July 2004 portability for these payments were reduced to 13 weeks and again from 1 January 2013 for a maximum period of 6 weeks. There are no savings provisions. Normal portability rules apply to any subsequent departure from Australia.
    • Austudy
    • Carer Allowance
    • Carer Payment
    • Family Tax Benefit (FTB) Part A (more than minimum rate)
    • FTB Part B
    • Mobility Allowance
    • Newstart Allowance - for specified reasons only (ceased 20 March 2020)
    • Parenting Payment
    • Partner Allowance (ceased 1 January 2022)
    • Pension Education Supplement
    • Sickness Allowance - for specified reasons only
    • Special Benefit - for specified reasons only
    • Telephone Allowance
    • Widow Allowance (ceased 1 January 2022)
    • Youth Allowance (Student)
    • Youth Allowance (Jobseeker) - for specified reasons only

5

How to identify when a DSP customer is 'saved' under the pre 1 July 2004 portability rules + Read more ...

An identifying code is recorded on the Residence Savings (RSS) screen for DSP customers. This indicator will automatically be deleted if the Country of Residence (CRES) screen is updated to show that the customer is now residing in Australia. Whilst the code is present, the customer must have all the existing pre 1 July 2004 portability rules applied.

6

When a DSP customer who has a 1 July 2004 savings provision returns to Australia + Read more ...

A customer may have both a 1 July 2004 savings provision and a 20 September 2000 savings provision. Both must be taken into account when a customer returns to Australia.

Important

Advise the customer that:

  • If the customer considers they are living overseas and wants to retain permanent portability they can return to Australia temporarily without losing this but cannot get Pharmaceutical Allowance, Rent Assistance or concession cards. They also cannot claim any other payment that requires the person to be an Australian resident (such as Family Tax Benefit (FTB) or Mobility Allowance (MOB). Ensure the Country of Residence (CRES) screen reflects the overseas country as the current country of residence and that the Legal Residence Details (RSLEG) screen is correct
  • If the customer considers they are living in Australia, and they have permanent legal status then they are entitled to Pharmaceutical Allowance, Rent Assistance or concession cards (where qualified). They may also qualify for other payments such as FTB and MOB. However, they will then lose their 1 July 2004 savings provision and any subsequent absence will be portable according to the new rules (generally, DSP is payable for up to four weeks in a 12 month period unless terminally ill, satisfies the 'no future work capacity' portability provisions or going to an Agreement country). If so, ensure the CRES screen reflects the Australia as the current country of residence and that the RSLEG screen is correct
  • If the customer is paid at a proportional rate, the customer's rate of payment ceases to be proportional from the date of their return to Australia. This change in rate will be reflected once the return is recorded on the Immigration Advised Movements (RSIM) screen. It does not matter whether the return is temporary or permanent. Note: if the customer is paid under an International Agreement, a different rate may apply when a customer returns to Australia depending on the particular Agreement
  • Advise customer of the changes and issue a 'Client has returned/is returning from o/s. Call in to office' (XOB005) letter. This letter has an option available which will ensure that Services Australia correctly advises of any changes or disadvantages caused by the customer returning to Australia for residence