No portability if claim based on short‑term residence
58M No portability if claim based on short‑term residence
If:
a person is an Australian resident; and
the person ceases to be an Australian resident; and
the person again becomes an Australian resident; and
the person makes a claim for:
an age service pension; or
an invalidity service pension; or
a partner service pension; or
income support supplement; and
the claim is made within the period of 12 months after the person again became an Australian resident; and
the person leaves Australia before the end of that period of 12 months; and
there is no determination in respect of the person under subsection (2);
a pension granted on the basis of that claim is not payable to the person while the person is outside Australia.
The Commission may determine that subsection (1) is not to apply to a person if the Commission considers that the person’s reasons for leaving Australia before the end of the 12 month period arose from circumstances that could not be reasonably foreseen when the person returned to Australia.
A determination under subsection (2) must be by instrument in writing.
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