Social Security Act 1991

The Secretary may determine that a person’s maximum portability period for disability support pension is an unlimited period if:

at the commencement of this clause, the person is absent from Australia and receiving disability support pension; and

under this Act as in force immediately before the commencement, that absence could not affect the person’s right to continue to be paid the disability support pension throughout the period of that absence; and

after the commencement, the person enters Australia but does not become an Australian resident again.

The condition in paragraph (1)(b) may be met:

because the person was severely disabled (see subsection 1214(1) and item 2 of the table in subsection 1217(5) as those subsections were in force just before the commencement); or

because clause 128 (as in force just before the commencement) applied to the person section 1213A as in force before its repeal by the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000.

The determination has effect for the purposes of Part 4.2 of this Act as it applies in relation to an absence after the person’s entry, despite the repeal and substitution of items 2 and 3 of the table in section 1217 of this Act by the Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003.