Assisting customers to maintain an existing foreign pension 106-08010020

For the same reason that Services Australia issues life certificates (AUS061) to customers who live outside Australia, foreign countries issue foreign pension life certificates to customers who live outside that foreign country, for example, in Australia.

Requirements for maintaining foreign pension vary from country to country. The agency is not authorised to provide advice on processes or requirements in other countries.

The requirements to verify information in another country are not the same as that for a person in Australia.

Certification of documents by the agency is:

• acceptable for all foreign pension claims under a social security agreement, and
• may be acceptable for foreign pension life certificates from agreement countries

In many cases the agency will not be able to help.

Justices of the Peace and Commissioners for Declarations are generally not recognised in other countries. The Department of Foreign Affairs and Trade (DFAT) may provide:

• an authentication or 'apostille'
• public notaries

Both of these are rare in Australia and there can be significant costs to the customer.

Where the customer needs the help of a representative:

• nominee arrangements for Centrelink purposes do not apply in other countries, and
• registered Power of Attorney may not be acceptable outside Australia

Documents to confirm court appointed arrangements or certification of medical incapacity should be provided if possible.

Customers, or their representatives, may request assistance with meeting requirements, including certification of a foreign pension life certificate. Foreign pension life certificates are issued by the foreign country to the customer for continuation of their respective foreign pension.

In most cases, the best option is for the customer to use the embassy or consular services for the relevant country.

In all cases, customers, or third parties, should be encouraged to follow the instructions on the form or letter they have received in the first instance.

Where further information is required, customers will need to deal directly with the relevant foreign pension authority in the other country to establish what is required to maintain their foreign pension. Failure to meet the requirements may result in cancellation of the foreign pension. Customers who do not maintain their foreign pension may be subject to Deprivation rules.

Whenever possible, the agency should help customers to maintain their entitlement to a foreign pension, including assisting customers to complete forms, certifying documents (where possible) or sending correspondence overseas.

Advise customer the agency:

• will assist but are not the paying authority and,
• cannot guarantee the outcome

Note: Foreign pension life certificates issued by the foreign country are for the respective foreign pension received by the customer and should not be confused with the Australian Proof of Life certificate (AUS061). The AUS061 is issued by Services Australia to customers outside Australia for continuance of their Australian pension. The AUS061 must not be used for a foreign pension life certificate and foreign pension life certificates must not be classified as AUS061.

Customers, or their representatives, may request a letter confirming they are in receipt of current entitlement to a current Australian pension or benefit from Centrelink, or a payment summary for a period corresponding with a foreign country's financial year.

SOPs are usually requested for:

• foreign country taxation or medical coverage purposes
• the continuation of a foreign pension or benefit, or
• determining entitlement to a foreign pension or benefit

For similar purposes, non-customers may also request a statement (SOP NOT) from Centrelink confirming that they are not currently in receipt of a Centrelink pension or benefit. For example, in some countries pension eligibility may be dependent on the customer not receiving a host country (Australia) pension or benefit.

SOP and SOP NOT letter requests for foreign pension, taxation or medical coverage or fiscal purposes are to be actioned by CIS staff only.

• Access staff must help customers with queries on maintaining foreign pensions, including providing contact details for foreign pension authority, referring to International Services (CIS) or directing customers to Service Centres
• Service centre staff must help customers wherever possible, for example copying and certifying documents required to maintain entitlement
• CIS staff are responsible for helping customers and Network staff with foreign pension queries. CIS are also responsible for processing all Foreign Pension System (FPS) reviews and issuing SOP and SOP NOT letters

Note: details are not available for all countries, so staff may not be able to help a customer in all cases. In those instances, staff should advise the customer or third party to contact the foreign pension authorities directly.

For known information on payments from:

• Agreement countries, see the individual country file in International Social Security Agreements
• Other significant non-agreement countries, see Eligibility and coding of foreign pensions from non-agreement countries