Social Security (International Agreements) Act 1999

For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:

the agreement is between Australia and another country; and

the agreement relates to reciprocity in social security or superannuation matters; and

the text of the agreement is set out in a Schedule to this Act.

The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.

The provisions of a scheduled international social security agreement have effect despite anything in the social security law.

Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.

If:

immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and

on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;

The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.

Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.

The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.

Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.

If:

a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and

the person, while outside Australia, lodges a claim for parenting payment; and

the person is not a member of a couple; and

the person would qualify for parenting payment if the following provisions had not been enacted:

paragraph 500(1)(b) or (c) of the Social Security Act 1991;

subparagraph 500(1)(d)(ii) of that Act;

subsection 5(21), (23) or (24) of that Act;

in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and

if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.

If:

a person who is in Australia lodges a claim for parenting payment; and

the person is not a member of a couple; and

the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;

in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and

if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.