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11.4.5 Bar to Portability - Pension Claimed During Temporary Return to Australia
Circumstances where portability is barred
Service Pension and Income Support Supplement are not payable outside Australia to a former resident of Australia who:
- returns to Australia, and
- lodges a claim for service pension, or ISS within 12 months of their return, and
- leaves Australia again before the 12 months has ended.
Exemption from bar to portability
The Commission may determine that service pension and ISS may be paid if the person's reason for leaving Australia within the 12 month period was due to circumstances which were unforseen at the time of that person's return to Australia.
Example of Exemption from bar to portability
A veteran and partner return to Australia after many years overseas. They both lodge claims for service pension subsequently granted with effect 18 June 1998. In August 1998 the veteran's partner dies. The veteran wishes to return overseas to his family as he has no relatives in Australia.
In this case, the Commission could exercise its discretion, determining that these circumstances could not reasonably have been foreseen by the pensioner at the time of returning to Australia. The 12 month residency requirement would then be waived. In these cases, the Delegate's determination must be by instrument in writing.