SOCIAL SECURITY ACT 1991 - SECT 1217 Meaning of maximum portability period , allowable absence and portability period

Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1217

Meaning of maximum portability period , allowable absence and portability period

Meaning of maximum portability period

(1) The person's maximum portability period for the payment is the period referred to in column 5 of the table at the end of this section (the table ) that is applicable to:

(a) the payment (as specified in column 2 of the table); and

(b) the class of persons to which the person belongs (as specified in column 3 of the table).

Meaning of allowable absence

(2) The person's absence is an allowable absence in relation to the payment at a particular time if, at that time:

(a) it is an absence specified in column 4 of the item in the table at the end of this section that is applicable to the payment and the person; and

(b) except where an unlimited absence is specified in column 5 of the item or a provision of Subdivision B applies, the absence does not:

(i) exceed the period specified in column 5 of that item; or

(ii) in the case of item 2--cause the total number of days (whether consecutive or not) of the person's temporary absence from Australia in the last 12 months to exceed 28, ignoring days in accordance with that item.

Meaning of portability period if unlimited maximum portability period

(3) If the person's maximum portability period for the payment is an unlimited period, the person's portability period for the payment, in relation to the period of absence, is an unlimited period beginning at the commencement of the period of absence.

Meaning of portability period if maximum portability period limited

(4) If the person's maximum portability period for the payment is not an unlimited period, the person's portability period for the payment, in relation to the period of absence, is the period:

(a) beginning at the commencement of the period of absence; and

(b) ending at the earlier of the following times:

(i) the first time during the period of absence at which the absence is not an allowable absence in relation to the payment;

(ii) the end of the period that is the person's maximum portability period for the payment.

Note: People will be required (under the Social Security (Administration) Act 1999 ) to notify changes in circumstance.

Portability of social security payments
Column 1
Column 2
Column 3
Column 4
Column 5
Item
Payment
Person
Absence
Maximum portability period
1
Age pension
All persons
Any absence
Unlimited period
2
Disability support pension
Australian resident disability support pensioner
Any temporary absence, except for any of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis;
(c) for a humanitarian purpose
A total of 28 days (whether consecutive or not) of temporary absence from Australia for any purpose in the last 12 months, ignoring days on which the person was not receiving disability support pension (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2AA
Disability support pension
Australian resident disability support pensioner
Temporary absence for any of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis;
(c) for a humanitarian purpose
4 weeks (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2A
Disability support pension
Severely impaired disability support pensioner
Any absence
Unlimited period
3
Disability support pension
Terminally ill overseas disability support pensioner
Any absence
Unlimited period
6
Carer payment
All persons
Any temporary absence
6 weeks (but see also section 1218)
11
Parenting payment
All persons
Any temporary absence
6 weeks (but see also sections 1218 and 1218B)
12
Youth allowance
Person other than person undertaking full - time study
A temporary absence for any of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis;
(c) for a humanitarian purpose.
6 weeks
(but see also section 1218BA)
13
Youth allowance
Person undertaking full - time study
A temporary absence for either of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis
6 weeks
(but see also section 1218)
14
Austudy payment
All persons
A temporary absence for either of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis
6 weeks
(but see also sections 1218 and 1218BA)
15
Jobseeker payment
All persons
A temporary absence for any of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis;
(c) for a humanitarian purpose.
6 weeks
19
Special benefit
All persons
A temporary absence for any of the following purposes:
(a) to seek eligible medical treatment;
(b) to attend to an acute family crisis;
(c) for a humanitarian purpose.
6 weeks
21
Carer allowance
All persons
Any temporary absence
6 weeks
22
Mobility allowance
All persons
Any temporary absence
6 weeks
23
Telephone allowance
All persons
Any temporary absence
6 weeks

Portability of social security payments
1	Age pension	All persons	Any absence	Unlimited period
2	Disability support pension	Australian resident disability support pensioner	Any temporary absence, except for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose	A total of 28 days (whether consecutive or not) of temporary absence from Australia for any purpose in the last 12 months, ignoring days on which the person was not receiving disability support pension (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2AA	Disability support pension	Australian resident disability support pensioner	Temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose	4 weeks (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2A	Disability support pension	Severely impaired disability support pensioner	Any absence	Unlimited period
3	Disability support pension	Terminally ill overseas disability support pensioner	Any absence	Unlimited period
6	Carer payment	All persons	Any temporary absence	6 weeks (but see also section 1218)
11	Parenting payment	All persons	Any temporary absence	6 weeks (but see also sections 1218 and 1218B)
12	Youth allowance	Person other than person undertaking full - time study	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks (but see also section 1218BA)
13	Youth allowance	Person undertaking full - time study	A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis	6 weeks (but see also section 1218)
14	Austudy payment	All persons	A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis	6 weeks (but see also sections 1218 and 1218BA)
15	Jobseeker payment	All persons	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks
19	Special benefit	All persons	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks
21	Carer allowance	All persons	Any temporary absence	6 weeks
22	Mobility allowance	All persons	Any temporary absence	6 weeks
23	Telephone allowance	All persons	Any temporary absence	6 weeks

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Portability of social security payments
Column 1	Column 2	Column 3	Column 4	Column 5
Item	Payment	Person	Absence	Maximum portability period
1	Age pension	All persons	Any absence	Unlimited period
2	Disability support pension	Australian resident disability support pensioner	Any temporary absence, except for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose	A total of 28 days (whether consecutive or not) of temporary absence from Australia for any purpose in the last 12 months, ignoring days on which the person was not receiving disability support pension (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2AA	Disability support pension	Australian resident disability support pensioner	Temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose	4 weeks (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D)
2A	Disability support pension	Severely impaired disability support pensioner	Any absence	Unlimited period
3	Disability support pension	Terminally ill overseas disability support pensioner	Any absence	Unlimited period
6	Carer payment	All persons	Any temporary absence	6 weeks (but see also section 1218)
11	Parenting payment	All persons	Any temporary absence	6 weeks (but see also sections 1218 and 1218B)
12	Youth allowance	Person other than person undertaking full - time study	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks (but see also section 1218BA)
13	Youth allowance	Person undertaking full - time study	A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis	6 weeks (but see also section 1218)
14	Austudy payment	All persons	A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis	6 weeks (but see also sections 1218 and 1218BA)
15	Jobseeker payment	All persons	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks
19	Special benefit	All persons	A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose.	6 weeks
21	Carer allowance	All persons	Any temporary absence	6 weeks
22	Mobility allowance	All persons	Any temporary absence	6 weeks
23	Telephone allowance	All persons	Any temporary absence	6 weeks