Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1212

1212. (1) A person may be granted a social security pension when the person is
outside Australia if, immediately before the person left Australia:

   (a)  the person was qualified for the pension; and

   (b)  the person had lodged a claim for the pension.

(2) Subsection (1) does not apply to:

   (a)  a carer pension; or

   (b)  a sheltered employment allowance; or

   (c)  a rehabilitation allowance.

"Transfer" to portable pension or allowance

(3) If:

   (a)  a person who is outside Australia is receiving:

        (i)    an age pension; or

        (ii)   an invalid pension; or

        (iii)  a wife pension; or

        (iv)   a sole parent pension; or

        (v)    a widowed person allowance; or

        (vi)   a widow B pension; or

        (vii)  a service pension; and

   (b)  the pension or allowance is cancelled or ceases to be payable
        automatically; and

   (c)  immediately after the cancellation, the person is qualified for:

        (i)    an age pension; or

        (ii)   an invalid pension; or

        (iii)  a wife pension; or

        (iv)   a sole parent pension; or

        (v)    a widowed person allowance; or

        (vi)   a widow B pension; the pension or allowance referred to in
               paragraph (c) may be granted to the person as if the person
               were an Australian resident and in Australia.
Note 1: all "transferees" must make proper claims for the second pension or
allowance. Note 2: this subsection has the effect of allowing the person to
make a proper claim for the new pension or allowance even though the person is
not, at the time of the claim, an Australian resident and in Australia. Note
3: if a person lodges a claim for a pension or allowance before leaving
Australia and a pension or allowance is granted to the person after the person
has left Australia, the person is to be taken to have been receiving the
pension or allowance as from the earliest day on which the pension or
allowance is payable to the person (see subsection 23 (2)).