Disability Support Pension (DSP) overseas absence for terminally ill customers 008-03120020

Pete arrived in Australia from South Africa in May 1986. Pete has lived in Australia continuously and was granted DSP in 2016 after being diagnosed with cancer in 2014. The prognosis is poor and Pete's treating doctor has provided new medical evidence which indicates life expectancy of 18 months to 2 years. Pete is departing Australia on 3 December 2018 for South Africa to spend time with family and is unsure about the return date.

Pete's departure should be treated as permanent. DSP payment is portable for as long as Pete remains overseas. An assessment of the terminally ill condition is not required as Pete is a recent grant and the condition is considered terminal.

Pete's inability to work occurred during the period of being a resident of Australia and therefore the payment will not be proportional after 26 weeks absence.

Add-ons will cease on Pete's departure.

Marty was born in Romania and came to Australia in 1985. Marty lived and worked in Australia for 10 years then returned to Romania. Marty was employed in Romania for 4 years before ceasing work because of an accident. Marty returned to live in Australia in 2009 and was granted DSP in 2010. In February 2018 Marty advised of an intention to return to live permanently in Romania with family after receiving confirmation of having terminal cancer and was only expected to live a few more months.

Before deciding to leave Australia permanently, Marty contacted Services Australia for information and was sent the form for the doctor to complete. The completed form provided evidence confirming Marty's condition.

The payment is portable for as long as Marty remains outside Australia.

Although Marty was diagnosed with cancer while a resident of Australia, the actual inability to work (the DSP qualifying event) occurred whilst residing in Romania. Therefore, after 26 weeks, the pension will be proportional based on Marty's own working life residence of about 19 years.

Although the DSP customer may be leaving Australia permanently, it is possible their partner is leaving Australia solely to be with and support their DSP partner, with every intention of returning to Australia in the future. In this circumstance, the Parenting Payment customer's absence from Australia could be regarded as temporary.

Jamie was diagnosed with cancer last year and has decided to go to the UK and Europe on 14 August for 12 months before becoming too ill to travel. Jamie's treating doctor has confirmed that the condition is terminal within 2 years. Even though Jamie has a terminal medical condition, the planned travel does not satisfy the terminally ill portability provisions due to neither leaving Australia to live in another country, nor going overseas to be with family or friends.

However, as the condition is terminal, and therefore manifest, Jamie will satisfy the 'no future work capacity' portability provisions without the requirement for a Job Capacity Assessment.

Therefore, Jamie's DSP is portable indefinitely while being absent from Australia. See Assessment for Disability Support Pension (DSP) customers going overseas under the no future work capacity provisions.