Restricted portability for payment during overseas absences where customer has special circumstances 061-01100000

Portability is allowed when the customer:

• would normally meet the mutual obligation requirements exemptions even if they were in Australia (for example: family crisis, legal proceedings), but
• the customer also needs to be overseas because that is where the crisis or legal proceedings are occurring

These payments can be portable for up to 6 weeks (4 weeks for DSP) for an approved reason. However, the actual period approved will generally be a much shorter period - only as long as is needed to deal with the reason for the absence.

Travelling time might be a few days or longer depending on the type of travel involved. For example, a long bus trip to a remote village could take some time. Consideration needs to be given to what travel arrangements are available to the customer at the time.

For example: an airline might only have seats available on certain flights, or might operate infrequently to an area.

Assess the normal requirement to satisfy mutual obligation requirements. Make allowances for immediate crises.

To assess the period of absence:

• find out how long the person would be exempt from any mutual obligation requirements if they were in Australia,
• then add travelling time and,
• time which may be required for any other arrangements

Consider the circumstances of the customer. Example: if the parent of a customer dies in Australia 4 or 5 days exemption might be allowed. If the parent dies in a remote town then travel time to and from the remote area should be added. The total now might be 10 days to 2 weeks.

Extra time may be allowed if the customer also needs to attend to related family matters. For example:

• dealing with family property or other interests
• custody of the deceased's children

The same needs to be considered where overseas travel is involved. For example:

• A person travelling to attend a custody hearing (humanitarian reason) could need:
• A period as long as the hearing is scheduled for
• A week before the hearing for discussions with solicitors
• A week after the hearing to settle up and complete arrangements
• Travelling time
• If there are delays (for example: case rescheduled), the customer should ring and discuss any need for a longer portability period (assuming the maximum period of portability has not been used up). Generally payment can only continue where the delay is of short duration. If the hearing is delayed for more than a short period (for example: a week), they are generally expected to return to Australia pending the next hearing
• A person travelling to attend their parent's funeral (acute family crisis reason) would need a week, further time if there are family affairs to sort out, plus travelling time
• A person travelling to visit their critically ill sibling (acute family crisis reason) might need a week for the visit, plus travelling time. However, if the sibling dies, further time should be given to the customer to attend the funeral and other matters

Only designated staff in International Services have the delegation to assess the length of time allowed for an approved absence.

If the reason for absence is an allowable one but the absence lasts longer than the maximum portability period (4 weeks for DSP and 6 weeks for all other payments), the customer is only paid for the assessed or maximum period, unless a discretionary extension applies for some other reason which has arisen since departure. Applications for a discretionary extension are actioned by CIS.

A JSP or YA customer attending an Australian Defence Reserves training camp may go overseas for the full length of the camp. Note: only designated staff within CIS are authorised to assess the length of time allowed for an approved absence. Training camps usually only last a few weeks.

The portability period can be extended while still within the 6 week period (4 weeks for DSP). If the reason the customer needs to stay longer is for the same acceptable reason it can be extended provided the total period does not exceed the maximum period. If the reason is different, a discretionary decision assessment is required.

For example:

• A customer's legal proceedings go longer than expected or are delayed for a week. It would not be reasonable to expect the customer to return to Australia then go overseas again. This is still a Humanitarian reason
• A customer goes to visit a seriously ill family member, and while there, the family member dies. The customer would remain for the funeral. This is still an Acute Family Crisis
• A customer goes overseas for a Reserves camp, but as a result of an incident, is required to stay for a week after the camp for legal proceedings as a witness. As the reason for the absence has changed a discretionary extension decision needs to be assessed
• A customer goes overseas for legal proceedings, but while there, their child is hospitalised. As the reason for the absence has changed a discretionary extension decision needs to be assessed

Any extension to the length of an absence due to an approved reason or a discretionary portability extension must be referred to CIS for assessment.

Another period of portability can commence immediately provided that the new reason for their absence is an approved reason and has been confirmed and coded by designated CIS staff. Once the customer returns to Australia they are no longer continuously absent, and there are no special requirements or waiting periods for JSP, FHA, SpB, YA, DSP, Austudy or ABSTUDY customers to be back in Australia for a particular period before a new portability period can start.

For some approved reasons, it is quite likely that a person could be allowed to go overseas soon after returning. For example: they may have been allowed to go to visit a critically ill family member then returned. Shortly after return, the family member dies therefore the customer would have an approved reason for absence to attend the funeral. It is preferable to negotiate a suitable single absence period, or extension to the original one, to help the customer avoid the additional expense, but this may not always be possible due to the unpredictability of such circumstances.

Note: if there is a pattern of continual absences followed by short returns (this would be unlikely, considering the restricted reasons allowed), it might be necessary to reconsider the customer's continuing Australian resident status.

JSP, YA, Austudy, ABSTUDY, FHA and SpB payments and DSP (unless satisfy indefinite portability provisions) are not portable if the customer is leaving to live overseas because the customer must be an Australian resident in order to remain qualified. If the person has an approved reason for an absence, it will usually be clear that this is for a temporary absence and for an agreed short period of time.

However, it may be questionable whether a person is still residing in Australia if they appear to be cutting existing ties to Australia (for example: selling their home, discontinuing long-term accommodation, selling up other assets).

To determine whether a customer is leaving Australia to live in another country, it is necessary to decide whether they will cease to be an Australian resident (in accordance with the definition in Social Security Act 1991). See the References page for further information.

Section 7 (2) and (3) of the Social Security Act 1991 requires both a legal resident status (for example: citizen or permanent resident) and that the person be residing in Australia (that is: have strong family, property etc. ties to Australia). The ties to Australia can be compared with the ties they have to another country to decide which is the stronger. Legal resident status is not generally lost on departure, but whether they will continue to be residing in Australia might be in question.

If a customer loses their legal resident status, qualification would automatically end. This is unlikely but is possible. For example: the customer's Australian citizenship is revoked while overseas.

See Residence requirements for further information.

These customers' payments are only portable for reasons which would exempt them from their mutual obligation requirements if they were in Australia, so they are therefore exempt whenever the payment is portable. Exemption is automatically recorded on the computer system as soon as an approved reason for an absence is coded by CIS.

Because the customer is exempt from their mutual obligation requirements, they also do not need to lodge forms or complete diaries for the agreed period of the temporary absence.

Where the customer contacts a Smart Centre Service Officer advising they are going overseas due to an emergency (for example: a family member is dying) and the customer is leaving today the Service Officer cannot assess the portability and must advise the customer that they will need to speak to CIS for a final decision on their ongoing portability and coding. See CIS contact details for staff.

The decision can be changed if the customer can provide acceptable proof of absence, supporting they left for an approved reason.

If the customer gives proof of the reason for their absence at a service centre, this can be scanned to the customer record with classification code UNS006. This will ensure the document will be assessed by CIS. Do not scan to store.

The case must be referred to CIS for assessment. Only CIS are able to validate an approved absence.

If the customer can show that the absence is for an approved reason, then payment is portable for a reasonable period to be assessed by the designated staff within CIS.

Note: the customer needs to provide acceptable proof of the absence to CIS at the earliest opportunity.

For SpB, consider the following:

• Continuing qualification reviews every 13 weeks
• If the customer has been granted a period of portability and is outside Australia when the review falls due, reschedule the review for shortly after their return to Australia. If the customer is outside Australia and payment has ceased, the review action can be done if/when the customer contacts to resume payment
• If the customer holds a temporary protection type visa, payment is not portable at all unless they hold a visa subclass 309, 820, 790 or visa subclass 785 granted on or after 16 December 2014. See certain temporary visas that qualify customers for some payments.
• Whether the SpB customer will receive free board and/or lodging while overseas

To remain qualified for JSP, customers who are on the payment because they have a job to return to must have a continuing inability to work or study because of a medical condition. This means that as well as being satisfied the person is going overseas for an approved reason (and determining the appropriate period), the Service Officer must be satisfied the person will continue to have the medical condition throughout the absence, and their job or training will still be available on return. They would need to provide a medical certificate for the former and a statement from the employer or training institution for the latter (or for training/education, the absence would need to be during a recognised vacation or semester break).

If a review is due during the absence, the medical certificate obtained at departure to verify that the person will continue to qualify during the entire absence, needs to be recorded on an online document (DOC), along with the date when the review is due. On that date, it can be processed as normal because the medical certificate has already been obtained.

Section 12 of the Social Security (Administration) Act 1999 allows transfer to another income support payment without the need to lodge a claim. Because a claim is not needed, section 29 of the Social Security (Administration) Act 1999 does not need to be satisfied for section 12 transfers. It is essential to establish that the customer qualifies for the new payment, and that it is payable and portable. This may require answers to some questions usually found on a claim form, or additional medical information. See the References page for further information.

Such transfers can be:

• routine, for example, transfer of under-16 SpB to YA, transfers to Age Pension
• in the customer's best interests, e.g. transfer to Parenting Payment after the birth of a child, transfer to Disability Support Pension (DSP), or
• essential because the customer's payment will otherwise cancel, e.g. JSP turns Age Pension age

If the customer is transferred to a payment affected by restricted portability, they must be referred to CIS for assessment and coding as there may be a change in decision based on their eligibility for ongoing payment. Only CIS are authorised to validate an approved absence for these customers.