Portability

The term ‘portability’ refers to the continuation of Australian income support payments during a welfare recipient’s overseas absence.

Under sections 1211–1221 of the SS Act, a pension or allowance may be portable if a person was receiving a payment immediately before they left Australia, or if the payment is granted after they left Australia.

The period a payment may be paid while the recipient is overseas depending on the particular payment.

For eligibility requirements, see the Services Australia website: www.servicesaustralia.gov.au/payments-while-outside-australia.

Portability is calculated using the ‘portability rate calculator’ that is contained in section 1221 of the SS Act. Calculating portability is a complex process. If a person is disputing the rate at which their payment is calculated while they are overseas, they should consider obtaining legal advice.

Portability

Chapter: 5.1: Dealing with social security

Contributors all from Victorian Legal Aid: James Hogan, Deputy Managing Lawyer; Julie Riva, Associate Public Defender (Civil Justice); Kate Brown, Lawyer; Patrick Noyelle, Senior Lawyer; and Tom Durkin, Lawyer

Current as of: 14 October 2024

Law Handbook Page: 292

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