Social Security Act 1991

A person’s rate of age pension is to be calculated using the Pension Portability Rate Calculator at the end of section 1221 if:

the person has been continuously absent from Australia, throughout a period (the period of absence) of more than 26 weeks; and

either:

immediately before the period of absence commenced, the person was receiving the age pension; or

during the period of absence, the person’s claim for the age pension is granted under the Social Security (Administration) Act 1999.

If:

the Secretary is satisfied that the person’s absence from Australia is temporary; and

the Secretary is satisfied that the person is unable to return to Australia before the end of the 26 weeks mentioned in paragraph (1)(a) because of an event referred to in subsection (1B);

The events are the following:

a serious accident involving the person or a family member of the person;

a serious illness of the person or a family member of the person;

the hospitalisation of the person or a family member of the person;

the death of a family member of the person;

the person’s involvement in custody proceedings in the country in which the person is located;

a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

robbery or serious crime committed against the person or a family member of the person;

a natural disaster in the country in which the person is located;

a public health crisis affecting Australia or the country in which the person is located or both;

political or social unrest in the country in which the person is located;

industrial action in the country in which the person is located;

a war in the country in which the person is located.

The Secretary must not make a determination under subsection (1A) unless:

the event occurred or began during the period of absence; and

if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating, in the event.

If the Secretary determines another number (the new number) of weeks under subsection (1A), then, immediately after that determination is made, a reference to a number of weeks in paragraph (1)(a), and each reference to a number of weeks in subsection (1A), is taken to be a reference to that new number.

Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 1221(1) did not apply to the woman because of subsection 1221(2).

Subsection (1) does not apply to a woman if, immediately before 20 March 2020, subsection 796(2) did not apply to the woman because of subsection 796(4).

Subsection (1) does not apply to a woman if:

immediately before 20 March 2020, the woman was receiving a widow B pension mentioned in subclause 128A(2) of Schedule 1A; and

immediately before 20 March 2020, subclause 128A(5) of Schedule 1A applied to the woman in relation to that pension.

Subsection (1) does not apply to a woman if:

immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and

immediately before 20 March 2020, clause 128 of Schedule 1A applied to the woman in relation to that pension.