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 and the remoteness of the final destination. Consider what travel arrangements are available to the customer.

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

To assess the period of absence, consider:

• any necessary travelling time, and
• the time which may be required to manage the reason for the absence

For example:

• A person travelling to attend their parent's funeral (acute family crisis reason) could need:
• a week to attend the funeral
• further time if there are other matters related to the death, such as executor functions and related tasks
• plus travelling time
• A person travelling to attend a custody hearing (humanitarian reason) could need:
• a period for as long as the hearing is scheduled
• time before the hearing for discussions with solicitors (where these must be face to face)
• time after the hearing to settle up and complete arrangements
• plus travelling time

Note: if there are delays (for example: the case is rescheduled), the customer should ring and discuss any need for a longer portability period (assuming the maximum period of portability has not been reached).

• A person travelling to visit their critically ill sibling (acute family crisis reason) might need:
• a week for the visit
• plus travelling time

Note: if the sibling dies and the customer wishes to extend their stay, further time should be given to the customer to attend the funeral and any other related matters.

If the allowable absence reason requires a period longer than the maximum portability period of 6 weeks (4 weeks for DSP), the customer is only paid up to the 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. 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 current approved reason it can be extended up to the maximum period
• a different reason, a discretionary decision assessment is required

For example, the:

• 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
• 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
• 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
• 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 the new reason for the absence is an approved reason and has been confirmed and coded by designated CIS staff.

There are no return rules 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 example: the customer had portability approved to visit a critically ill family member then returned. Shortly after return, the family member dies. The customer has an approved reason to attend the funeral.

JSP, YA, Austudy, ABSTUDY, FHA, SpB payments and DSP (unless under indefinite portability provisions) are not portable if the customer is leaving to live overseas because the customer must be an Australian resident (that is, a legal permanent resident who is residing in Australia) 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
• a short period of time

Consider whether a person is still residing in Australia if they appear to be cutting 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.

Sections 7 (2) and (3) of the Social Security Act 1991 require both:

• a legal resident status (as a citizen, permanent resident or protected SCV holder), and
• that the person be residing in Australia

A customer does not generally lose legal resident status 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 will automatically end. For example, the customer's Australian citizenship is revoked while overseas.

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 exempt whenever the payment is portable. They also do not need to lodge forms or complete diaries for the agreed period of the temporary absence.

The exemption is automatically recorded on the system as soon as their departure is updated via the Immigration Datalink.

Where the customer contacts a Smart Centre to advise they are going overseas due to an emergency (for example: a family member is dying), and the customer is leaving the same day, the Service Officer must transfer the customer to CIS for a decision on their ongoing portability and coding. See CIS contact details for staff.

The decision can be changed if the customer provides acceptable proof, 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. See the [payment specific] customer going overseas procedure for the correct referral process.

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 evidence for the absence reason to CIS at the earliest opportunity. For examples, see acceptable proof of the absence.

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, extend 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 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

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, the inside Australia lodgement rule does not apply 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.