Social Security Act 1991

The Secretary may make a written determination that a particular person’s maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances) exist:

the person is receiving disability support pension;

the Secretary is satisfied that the person’s impairment is a severe impairment (within the meaning of subsection 94(3B));

the Secretary is satisfied that the person will have that severe impairment for at least the next 5 years;

the Secretary is satisfied that, if the person were in Australia, the severe impairment would prevent the person from performing any work independently of a program of support (within the meaning of subsection 94(4)) within the next 5 years.

The Secretary must not make a determination under subsection (1) in relation to a person who is outside Australia unless the Secretary is satisfied that:

the person is unable to return to Australia because of either of the following events:

a serious accident involving the person;

the hospitalisation of the person; and

the person’s portability period for disability support pension had not ended at the time the event occurred.

The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

A determination under subsection (1) is not a legislative instrument.

In this section:

that is on wages that are at or above the relevant minimum wage; and

that exists in Australia, even if not within the person’s locally accessible labour market.