Social Security Act 1991

The Secretary may, by written determination, extend the person’s portability period for disability support pension if all of the following circumstances (the qualifying circumstances) exist:

the person is severely disabled (see subsection 23(4B));

the person is receiving disability support pension;

the person is wholly or substantially dependent on a family member of the person (see subsection 23(14));

the Secretary is satisfied that the person will be living with the family member of the person throughout the period of absence;

the family member of the person is engaged in employment in Australia for an employer immediately before the start of the period of absence;

the Secretary is satisfied that the family member of the person will be engaged in employment outside Australia for that employer throughout the period of absence.

If the Secretary extends a person’s portability period under subsection (1), the person’s portability period for disability support pension, for the purposes of this Part, is the extended period.

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.