Social Security Act 1991

The rate of disability support pension for a person for whom an unlimited maximum portability period for the pension has been determined under section 1218AAA or 1218AA 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 disability support pension; or

during the period of absence, the person’s claim for the disability support 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 person if the person became qualified to receive the disability support pension because the person became unable to work or permanently blind while the person was an Australian resident.