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Customers assessed under pre 1 July 2014 Australian Working Life Residence (AWLR) rules 061-01120000



This document outlines information about significant changes to the Australian Working Life Residence (AWLR) laws governing the rate of Centrelink payments paid outside Australia from 1 July 2014. These changes apply to customers paid under either domestic or international agreement portability assessments.

On this page:

Customers assessed under AWLR laws pre 1 January 2014

Age Pension or DSP customer saved under 1 July 2014 savings provision returned to Australia temporarily - unable to depart

Grant or reject portability savings extension

Customers assessed under AWLR laws pre 1 January 2014

Table 1: this table describes how changes to the Australian Working Life Residence (AWLR) laws affect payments paid to customers that have either domestic or international agreements portability assessments.

Item

Description

1

Autonomous customers who reside outside Australia and were physically inside Australia at implementation + Read more ...

Customers were assessed as 'saved 1 July 2014' if they were:

  • receiving an affected autonomous payment (Age Pension, Disability Support Pension (DSP), Wife Pension (WP) or Widow B Pension (WidB)) on 1 July 2014, and
  • inside Australia immediately before 1 July 2014 temporarily (this excludes those who arrive/return to Australia on the day), and
  • not residing in Australia as of 1 July 2014

Note: Wife Pension (WP) and Widow B Pension (WidB) customers, who transferred to Age Pension on 20 March 2020, retained their 'savings' provisions.

The customer will continue to be 'saved 1 July 2014' provided they left Australia on or before 29 December 2014.

If a 'saved 1 July 2014' customer returns to Australia any time after 1 July 2014, they will become subject to a new 26 week return provision. If they remain in Australia for 26 weeks or more they will cease to be 'saved 1 July 2014'.

For any absence that commences while a customer is assessed as 'saved 1 July 2014' they will have their rate assessed under the proportional rate rules applicable during their pre 1 July 2014 absence from Australia.

If the customer loses their 'savings' provisions, go to Item 8.

2

Autonomous customers physically outside Australia at implementation + Read more ...

If a customer was receiving an affected autonomous payment (Age Pension, DSP, WP, Parenting Payment Single (PPS), Carer Payment (CP), Bereavement Allowance (BVA) or WidB (entitled person)) on 1 July 2014, and was outside Australia immediately before 1 July 2014, the customer will be assessed as 'saved 1 July 2014'.

If the customer returns to Australia any time after 1 July 2014, they will become subject to a 26 week return provision. If they remain in Australia for 26 weeks or more they will cease to be 'saved 1 July 2014'.

For any absence that commences while the customer is assessed as 'saved 1 July 2014' they will have their rate assessed under the proportional rate rules applicable during their pre 1 July 2014 absence from Australia.

If the customer loses their 'savings' provisions, go to Item 8.

3

International agreement customers physically inside Australia at implementation (group one) + Read more ...

Customers were assessed as 'saved 1 July 2014' if they were:

  • receiving an affected agreement payment (Age Pension, DSP, WP, PPS, CP, BVA or WidB) on 1 July 2014, and
  • inside Australia immediately before 1 July 2014 temporarily (this excludes those who arrive/return to Australia on the day), and
  • not residing in Australia as of 1 July 2014

The customer will continue to be 'saved 1 July 2014' provided they left Australia on or before 29 December 2014.

If the customer returns to Australia any time after 1 July 2014, they will become subject to a 26 week return provision. If they remain in Australia for 26 weeks or more they will cease to be 'saved 1 July 2014'.

For any absence which commences while the customer is assessed as 'saved 1 July 2014' they will have their rate assessed under the agreement proportional rate rules applicable during their pre 1 July 2014 absence from Australia.

If the customer loses their 'savings' provisions, go to Item 8.

4

International agreement customers physically inside Australia at implementation (group two) - Comparison Rate + Read more ...

Customers were assessed as 'saved 1 July 2014' if they were:

  • receiving an affected agreement payment (Age Pension, DSP, WP, PPS, CP, BVA or WidB) on 1 July 2014, and was:
  • inside Australia immediately before 1 July 2014 (this excludes those who arrive/return to Australia on the day), and
  • receiving a proportional rate under a 'comparison' rate provision of an international agreement

Note: Wife Pension (WP) and Widow B Pension (WidB) customers, who transferred to Age Pension on 20 March 2020, retained their 'savings' provisions.

The customer will continue to be 'saved 1 July 2014' provided they:

  • remain in Australia (if they leave Australia either temporarily or permanently, they will lose their 'savings' provisions)
  • continue to be paid under the international agreement and
  • continue to be assessed under the proportional rate rules

If the customer loses their 'savings' provisions, go to Item 8.

5

International agreement customers physically outside Australia at implementation + Read more ...

Customers were assessed as 'saved 1 July 2014' if they were:

  • receiving an affected agreement payment (Age Pension, DSP, WP, PPS, CP, BVA or WidB) on 1 July 2014, and
  • were outside Australia immediately before 1 July 2014, and
  • paid a proportional rate

If the customer returns to Australia any time after 1 July 2014, they will become subject to a 26 week return provision. If they remain in Australia for 26 weeks or more they will cease to be 'saved July 2014'.

For any absence that commences while the customer is assessed as 'saved 1 July 2014' they will have their rate assessed under the proportional rate rules applicable during their pre 1 July 2014 absence from Australia.

If the customer loses their 'savings' provisions, go to Item 8.

6

WP customers paid under an international agreement at implementation + Read more ...

Wife Pension (WP) customers who transferred to Age Pension on 20 March 2020, retained their 'savings' provisions.

If a customer was receiving WP under an international agreement on 1 July 2014 and they are assessed as 'saved 1 July 2014', the customer will continue to use the 300 month (25 year) denominator.

From 1 July 2014 onwards, 'saved 1 July 2014' customers whose AWLR is higher than their partner's, can commence to be paid a proportional rate using their own AWLR.

Note: WP customers whose AWLR is lower than their partner's AWLR can continue being assessed using their partner's AWLR subject to maintaining their 'saved 1 July 2014' status.

If the customer loses their 'savings' provisions, go to Item 8.

7

CP customers paid under an international agreement at implementation + Read more ...

If a customer was receiving CP under an international agreement (other than the New Zealand Agreement) on 1 July 2014 and they are assessed as 'saved 1 July 2014', the customer will continue to use the 300 month (25 year) denominator.

From 1 July 2014 onward, 'saved 1 July 2014' customers whose AWLR is higher than their partner's, can commence to be paid a proportional rate using their own AWLR.

Note: CP customers whose AWLR is lower than their partner's AWLR can continue being assessed using their partner's AWLR subject to maintaining their 'saved 1 July 2014' status.

If the customer loses their 'savings' provisions, go to Item 8.

8

If customer loses their 'savings' provisions + Read more ...

If the customer loses their ‘savings’ provisions, and the provisions have been coded on the RSS screen:

  • manually (the ‘Channel’ is showing as ‘MAN’), the RSS screen will need to be updated manually to cease the ‘savings’ provisions
  • automatically, the system should automatically update the RSS screen when the ‘savings’ provisions are lost

9

Interaction with existing autonomous portability 'savings' (grandfathering) provisions + Read more ...

20 September 2000 portability 'savings' provisions

Customers revert to a portability period as determined under domestic legislation at the point of departure if they were:

  • in Australia immediately before the implementation of the 1 July 2014 changes, and
  • left Australia on or before 29 December 2014, and
  • has exceeded 26 weeks in Australia, and
  • lost their 20 September 2000 'savings' provision

However, if the customer becomes proportional after 26 weeks, their rate will be determined using a 300 month (25 year) denominator.

If a customer was saved under both 20 September 2000 and 1 July 2014 provisions at departure from Australia, they will continue to be saved under the same pre 20 September 2000 portability rules. If they return to Australia at a later date and remain for 26 weeks or longer, they will lose both 'savings' provisions simultaneously.

DSP 1 July 2004 portability 'savings' provision

  • This provision allows a customer to continue to access indefinite portability under the pre 1 July 2004 portability rules. Those rules allow a customer to continue to receive payment indefinitely under given circumstances. This provision is lost if/when a customer returns to Australia and resumes Australian residence. This means a customer may lose one 'savings' (grandfathering) provision, independently from the other
  • If a customer is 'saved' under both provisions for any departure commencing after implementation, their period of portability will continue to be indefinite and their rate will either be proportionalised, or not, depending upon the pre 1 July 2004 portability rules. If proportional, it will continue to be calculated using the 300 month (25 year) denominator
  • If a customer is saved' under the 1 July 2004 provision, but not 'saved 1 July 2014' for any departure commencing after implementation, their period of portability will continue to be indefinite and their rate will either be proportionalised, or not, depending upon the pre 1 July 2004 portability rules. If proportional, it will be calculated using the 420 month (35 year) denominator

10

Continuity of payment to maintain 'savings' (grandfathering) status + Read more ...

The 'savings' provisions will continue to apply as long as the customer continues to maintain entitlement for an affected payment.

A customer who has a break in entitlement (for example they are suspended O6W (Overseas 6 weeks) and are restored from their date of return to Australia), loses the 'saved' status.

A customer who is restored from date of suspension (for example they are suspended O6W (Overseas 6 weeks) and then restored and assessed under an international agreement) has not had a break in entitlement and keeps the 'saved' status.

A customer who remains current, even though not actually paid, for example, CZR - Earnings Preclude Payment, maintains entitlement for the purpose of the 1/7/2014 portability provisions and keeps their 'saved' status.

A customer may transfer from an affected payment to another affected payment and maintain their 'savings' (grandfathering) status as long as there is no break in continuity of entitlement.

With the exception of the 'Comparison Rate' agreement customers inside Australia at implementation, all other 'saved 1 July 2014' customers can transfer from autonomous to agreement assessment to maintain entitlement. Continuity of entitlement along with their 'saved 1 July 2014' status must be maintained.

11

Portability extension for customers who reside overseas and are temporarily in Australia + Read more ...

Customers may be entitled to a portability extension if they reside overseas, are temporarily in Australia and are unable to travel due to unforeseen circumstances. The event preventing the customers travel must have occurred within the 26 week period.

A discretionary extension must be for a definite period, during which time the customers situation is expected to change and enable return to their usual country of residence.

The appropriate delegation to grant or reject an application for an extension of payment overseas, or to approve or reject an approved reason period of portability, is held by a specialist Service Officer in CIS. A Service Officer without this delegation must refer all requests to CIS specialist staff.

For contact details, see Centrelink International Services (CIS) contact details for staff.

If it is not possible to transfer the customer to CIS, create a Fast Note. Select Auto text. Use Centrelink International Services > Portability > Non-proportional rate/port savings EXT. Include:

  • travel details
  • dates
  • reason the customer cannot depart Australia, and
  • current contact details

CIS staff, see Table 2 for screening a portability extension for Age Pension or DSP customers saved under 2000 or 2014 savings provisions.

Age Pension or DSP customer saved under 1 July 2014 savings provision returned to Australia temporarily - unable to depart

For Centrelink International Services (CIS) staff only.

Table 2: this table describes the steps in the screening process to determine if a customer can retain their 2000 or 2014 portability savings provision, if they are inside Australia and unable to depart prior to 26 weeks.

Step

Action

1

Savings provision + Read more ...

Savings provision may be retained for Age Pension or Disability Support Pension (DSP) customers:

  • saved under 1 July 2014 savings provisions
  • who normally reside outside Australia, and
  • who returned to Australia temporarily, and
  • are unable to depart within 26 weeks due to an unforeseen circumstance

2

Check CRES screen + Read more ...

Does customer reside in Australia?

  • Yes, standard return to Australia/portability rules apply. Procedure ends here
  • No, go to Step 3

3

Check RSS screen + Read more ...

4

Check PSV screen + Read more ...

Does customer have 20 September 2000 savings provision?

5

Return to Australia temporarily + Read more ...

Has customer advised this is a temporary return to Australia?

  • Yes, create a Fast Note. Select Auto text. Use Centrelink International Services > Portability > Non-proportional rate/port savings EXT
  • No, this return is permanent. Procedure ends here

For more information, see Return to Australia procedures for Centrelink International Services (CIS) staff.

Grant or reject portability savings extension

For Centrelink International Services (CIS) staff only.

Table 3: this table describes the process for making a decision or recommendation to grant or reject the discretionary portability savings extension and coding the extension.

Step

Action

1

Determine if extension to the portability 'savings' is to be granted or rejected + Read more ...

This decision can only be made by staff in Centrelink International Services (CIS) with the appropriate delegation.

The following all need to be satisfied in order to grant a portability savings extension. If one of these is not met, then the request should be rejected:

  • Their situation is included in the listing of acceptable extension reasons according to Item 6 of Schedule 4 of the Social Services and Other Legislation Act 2014. These include:
    • Serious accident: customer or family member
    • Illness: customer or family member
    • Hospitalisation: customer or family member
    • Death of a family member
    • Custody proceedings
    • Criminal Proceedings
    • Robbery/Serious Crime: customer or family member
    • Natural Disaster in Australia
    • Public Health Crisis in Australia
  • The situation can be proved, and
  • The event occurred or began during the initial period of 26 weeks of a temporary return where the Age Pension or DSP customer was subject to portability savings

Is the portability 'savings' extension being granted?

2

Suggested advice and granting an extension of portability savings provisions beyond 26 weeks for Age Pension or DSP + Read more ...

Suggested advice to customer:

'Under normal circumstances you will lose your portability savings after 26 weeks in Australia. With the portability savings extended, you will continue to maintain the benefits of your portability savings until the end of the extension.'

  • Determine the date customer is able to depart Australia; apply extension until then
  • Determine the Date of Event (DOV) for use on RSCD screen. This will be the start date of the extension, i.e. the date they would have lost their portability savings

The portability extension must be recorded in Customer First:

  • The RSCD screen should show the travel details advised by the customer. If the Customer advised travel details is blank, complete as follows:
    • Code the arrival date for the relevant arrival in the Event Date field
  • Under the Portability Reason heading, code the Event Date field as follows:
    • Use the date that the customer will lose their portability savings from
  • Complete the coding required:
    • Country of Location: AUSTRALIA
    • Portability Reason: EXT
    • Portability End date
  • Code the Source and DOR fields
  • Check that the portability savings indicator on RSS (as appropriate) is correct. If the savings indicator has changed from Y to N (for example, when coding the extension retrospectively), this will need to be manually updated back to Y
  • Select Continue
  • Go to the Assessment Results (AR) screen and check that the results are correct
  • Do not inhibit the advice
  • Finalise the activity

The EXT start date should commence after the end of the 26 week portability savings period. For example, customer arrives in Australia on 1 January 2022. The allowable portability savings period of 26 weeks expires on 1 July 2022. The coding start date for portability savings extension will be 2 July 2022.

Note: the portability extension will move the date that the savings provisions on RSS/PSV will change from Y to N, from 26 weeks after the customer’s arrival in Australia, to the extension end date +1. If the customer remains in Australia after the extension end date, the 'savings' provision will be changed.

Go to Step 3.

3

Recommendation to grant the portability extension request + Read more ...

The delegate must use the Portability Extension Processing script where possible to record the decision and send a grant letter to the customer. In Customer Record, search for ‘Portability Extension Processing’ in the Script Selector.

If manually recording the decision DOC due to a script problem, it must contain a summary line recommending a decision to grant the extension.

Go to Step 6.

4

Coding a rejection of a portability extension for a customer + Read more ...

  • Go to the RSCD screen in Customer First
  • The RSCD screen should show the travel details advised by the customer. If the customer advised travel details is blank, complete as follows:
    • Code the departure date for the relevant departure in the Event Date field
    • Code the travel destination country in the Country field
  • Code the date the portability savings ended in the Event Date field
  • Code 'EXT' in the Portability Reason field
  • Code the relevant portability extension reason in the Ext Rsn field. Select the EXT reason from the drop down box
  • Code the Source and DOR fields
  • Go to the Assessment Results (AR) screen and check that the results are correct
  • Do not inhibit the advice
  • Finalise the activity

Go to Step 5.

5

Recommendation to reject the portability extension request + Read more ...

The delegate must use the Portability Extension Processing script where possible to record the decision and send a rejection letter to the customer. In Customer Record, search for ‘Portability Extension Processing’ in the Script Selector.

If manually recording the DOC due to a script problem, it must contain a summary line recommending a decision to reject the extension.

The DOC must be detailed and cover:

  • the customer's payment type
  • the customer's date of return
  • why the customer has advised they are unable to depart Australia within 26 weeks and whether it is an acceptable reason as per the relevant legislation
  • whether acceptable verification was received and if not, details of the evidence provided and why it was not suitable
  • where required under the legislation, the date of the event preventing the customer’s departure from Australia and whether it occurred during the person's limited portability savings period, and
  • why the customer's situation fails to meet the criteria in the legislation

Go to Step 6.

6

Complete the procedure + Read more ...

  • Complete the necessary free text in the XOB999/Q999 letter generated by the Portability Extension Processing script
  • Print and issue the letter
  • Make 2 genuine attempts to contact the customer by phone to advise the outcome. Ensure the customer is aware if they remain inside Australia after the extension period ends, they will lose their portability savings permanently