B53/1994 SERVICE PENSIONERS TO CLAIM COMPARABLE FOREIGN PENSION (CFP) ENTITLEMENTS

DATE OF ISSUE:  11 NOVEMBER 1994

SERVICE PENSIONERS TO CLAIM COMPARABLE FOREIGN PENSION (CFP) ENTITLEMENTS

Please note: DI C37/2005 titled 'Treatment of Lump Sum Arrears of Foreign Pension' is providing more information to this DI.

CONTENTS

Subject, page

Approximate turnaround times with the DSS agreement countries, 7

Arrears, 12

Cancellation or Suspension of a Pension, 14

Changes to the Service Pension forms, 11

Claim Packs, 6

Completing Claim Forms, 6

Contact Officers, 16

Countries that do not respond to a claim in a reasonable time-frame, 10

Delegations, 14

Department of Social Security Assistance, 5

Documentation for non-agreement countries, 10

DVA's responsibilities, 5

Effective Dates, 4

Eligibility, 4

Evaluation, 15

First step in deciding eligibility for a non-agreement country, 9

General Enquires, 4

How will the pensioner know if they are granted a foreign pension, 8

How will the pensioner know when their claim has been sent overseas, 7

If a pensioner is keen to pursue a claim but is ineligible?, 6

Interpretation Service, 8

Introduction, 3

IOB is responsible for, 5

Issue of Information/Publicity, 5

Issues of Concern for Pensioners, 12

Lost and delayed cases, 10

Negative Response to Pamphlet, 13

No cost involved to the veteran, 8

Non Agreement Countries, 9

Numbers with Possible Eligibility, 11

Obligations Paragraph, 8

Original Certificates and Documents, 7

Processing Claims for Non-Agreement Countries, 9

Project Background and Overview, 3

Reasonable Action, 13

Recording a foreign pension, 14

Recording of saved entitlements under Eaters, 15

Recording of saved entitlements under PIPS, 15

Savings Provisions, 12

Sending Claims to IOB, 7

SuperType 84 - savings provisions, 15

System Procedures, 14

What happens to the service pension if the claim is successful?, 13

What if a country is not listed at Attachments A or B, 10

When Should a Claim not be Pursued?, 11

Attachments

ADSS Comparable Foreign Payment information for Agreement Countries (contribution details)

BAddresses for Non-agreement Countries

CSuggested Form of Words for veterans to use for countries not listed on either Attachment A or B

DMemorandum of Understanding between the Departments of Social

Security and Veterans' Affairs

ECovering letter to be attached to each claim pack

FSuggested letter for ineligible claims

GInformation about claiming overseas pensions (Q&A)

Introduction

The purpose of this instruction is to provide:

• general information about the Comparable Foreign Pension (CFP) project; and

• instructions to assist DVA staff to assist pensioners with making a claim for a CFP; and

• information on how and when to apply the savings provisions.

Project Background and Overview

2.As a result of the 1994 Budget, the Veterans' Entitlement Act 1986 was amended to include an obligation that from 1 Janaury 1995, service pensioners claim any overseas pension that may be owing to them.

3.Prior to implementation of this policy there was no obligation on a service pensioner to claim foreign pension entitlements.  It is important to note that DVA will be assisting pensioners to increase their income by applying for an overseas pension.  This is because a single pensioner can earn up to $90 a fortnight and couples can earn up to $156 combined without affecting their pension.  Any additional income above these levels will only cause the existing service pension to reduce by 50 cent for each additional dollar.

4.A similar initiative was introduced by the Department of Social Security (DSS) on 20 March 1994 that requires DSS recipients to claim a comparable foreign pension (CFP).

5.As there are no true comparable service pensions paid by overseas countries, DVA does not have any income support reciprocal agreements or arrangements with other countries.  A DSS agreement can enable people who may not previously be able to claim a payment from the ten DSS agreement countries to now qualify.  The DSS arrangements enable access to a country's social security payments, and may assist some pensioners in meeting the minimum residency or contribution requirements, to qualify for a pension in that country, by allowing residence in Australia to count towards the minimum qualifying benefit period.

6.Under the agreements reached with other countries, DSS is the competent institute in Australia with the authority to process claims for the ten agreement countries.  This means that DVA is unable to process claims but can assist pensioners in completing the claim form and sending it onto DSS for processing.

General Enquires

7.DVA branch staff will provide advice and assist pensioners with any enquires and help them in completing claim forms, where possible.  Pensioners can also be advised that Social Security has the agreements with the claiming country and that the International Operations Branch (IOB), DSS in Hobart is equipped to answer any queries or to help solve any problems associated with a claim.  The function of the IOB is to process and provide advice to any Australian, not just DSS pensioners, on claiming a CFP from the DSS agreement countries.  This includes DVA generated claims and enquires.

8.IOB is expert and knowledgable about the agreements and arrangements it has with the agreement countries and is keen that any DVA inquiry should be directed to IOB.  This is for use by either staff or pensioners.  A direct number has be provided by IOB for use by DVA staff - this will allow immediate access to IOB whereas the pensioner can contact the IOB's regular client contact number.  Refer to paragraph 15 for the telephone numbers.

Eligibility

9.Eligibility for any overseas pension will depend on the requirements of that particular country, such as residency or employment.  Attachment A details the necessary requirements for the ten DSS agreement countries.

10.All service pensioners, their partners and carers will be required to undertake reasonable action to claim any foreign pension they may be entitled to.  Reasonable action is detailed at paragraph 53.  If a service pensioner is unsuccessful in making a claim for a foreign pension with an overseas country,  for whatever reason, their existing service pension will continue to be paid.

Effective Dates

11.The legislative date of implementation is 1 January 1995, however savings provisions are effective from 10 May 1994.  Therefore, the savings provisions will apply only to any CFP granted on or after 10 May 1994.

12.Though a successful claim for an overseas pension will actually increase a service pensioner's total income, if the payment of an overseas pension reduces service pension to nil,  all existing fringe benefits and Pensioner Concession Card (PCC) will be retained.  This will apply to either a single or a partnered service pensioner.  The procedure for applying the savings provisions is detailed at paragraphs 48-49.

Issue of Information/Publicity

13.An article was published in the DSS June edition of the Age Pension News describing that DVA will assist eligible veterans to apply for an overseas pension.  As a follow up to this an article will be published in the November edition of the Age Pension News.

14.A new pamphlet has been produced in the Service Pension series Number 19 - Service Pensions and 'Foreign Pensions' and was sent in the September quarterly advices mail-out.  The purpose of sending the pamphlet was to ensure that all service pensioners are aware of the initiative and not just those identified as having possible eligibility.  The pamphlet invites pensioners to contact Branch Offices to obtain assistance in applying for a CFP.

Department of Social Security (DSS) Assistance

DSS and DVA have a memorandum of understanding that details both Departments' responsibilities for this initiative - this is at Attachment D.

IOB's responsibilities

15.IOB is responsible for:

• providing claim packs for the ten DSS agreement countries;

• receiving claims from either DVA staff or directly from the pensioner;

• processing claims;

• verifying original certificates and documentation, copying and returning to pensioner;

• sending claims onto the claiming country; and

• providing expert assistance with enquires.

The address for IOB is:The telephone Number for:

International Operations BranchPensioners -1800 030 707

Department of Social SecurityDVA staff only -contact

GPO Box 273C — Section Manager Pensions

Hobart 7001 002 - 204620

DVA's responsibilities

16.DVA is responsible for:

• vetting initial enquires and referring them onto IOB if necessary;

• issuing claim packs to pensioners with possible eligibility;

• clarifying working life residence for all non-UK cases (if possible); and

• sending claim forms with original certificates and documentation onto IOB.

Claim Packs

17.Branch Offices will be provided with a supply of claim packs for the DSS agreement countries.  These countries are detailed at Attachment A and include the address and the necessary criteria to make a claim with that country.  The claim packs will be supplied initially from Central Office for distribution to each branch office.

18.Included with the claim pack is a DVA instruction sheet that advises why DVA is using DSS claim packs and why it is beneficial for pensioners to take advantage of the opportunity to increase their income.  A question and answer sheet is available, if needed, for staff to use in assisting pensioners with claims - refer to Attachment G.

19.A claim pack can be sent to those pensioners who are listed with each branch and who have been vetted has having possible eligibility.

20.The UK claim packs will be modified for DVA use by stamping the 'UK Authority to release information and adjust United Kingdom pension rates' with the words that - VETERANS' AFFAIRS PENSIONERS DO NOT NEED TO COMPLETE THIS PAGE - as DVA is not adjusting arrears for CFP grants.  The forms will be stamped prior to the branches receiving the packs.  DSS requested that this page is not to be removed from the claim form as it will cause confusion for IOB staff when processing the claim.

Completing Claim Forms

21.Many service pensioners may need assistance with completing claim forms and staff are responsible for ensuring that original certificates and necessary documentation is provided in support of the claim.  Each country has different requirements that are detailed in the claim pack.

22.It is preferable that claim forms are checked at the initial stage by DVA staff prior to sending onto DSS for processing.  However, if there is any doubt about the validity of the claim then it should be sent direct to IOB for verification and processing.

What if a pensioner is keen to pursue a claim but is ineligible?

23.If a pensioner is eager to pursue the claim even though DVA staff believe that the basic requirements are not met,  the pensioner should be advised of this.  However, the pensioner can still send a claim onto IOB.

24.If it appears to staff that a pensioner is ineligible for a CFP then the pensioner should be advised that they have fulfilled their obligation by contacting DVA and attempting to make claim.  In this case,  a suggested form of words is at Attachment F to advise the pensioner that no further action is required.  A copy of the letter should be placed on the file.

How will the pensioner know when their claim has been sent overseas?

25.It is essential that the 'Acknowledgment Slip' in the claim pack is completed with the pensioner's name and address.  This will allow IOB to return the acknowledgment slip along with the original certificates to the pensioner to let them know that the claim has been sent.

Sending Claims to IOB

26.Claims should be placed in the supplied IOB white envelope included in the pack, along with the original certificates and documentation in support of the application.  For the pensioners' convenience, the claims can also be mailed or lodged with any DSS regional office - a list of the DSS regional offices will be supplied for use by staff.  The DSS regional office will send the claim onto the IOB office in Tasmania.  Original certificates should be sent in line with current practice by certified mail.

Original Certificates and Documents

27.The agreement that Social Security has with the ten countries stipulates that original certificates and documentation must be supplied in support of an application.  This is not negotiable, therefore, if a pensioner is unable to provide original certificates and documentation, it is unlikely that their claim will be processed by IOB.

NB:  DVA is unable to certify original certificates and documents: they must be sent with the claim form to IOB.  These will be returned direct to the pensioner from IOB.

Approximate turnaround times with the DSS agreement countries

28.The approximate time taken by most countries to process claims as advised by DSS is as follows:

CountryTime taken to process can be up to:

UK — 6 months — Ireland — 6 months

The Netherlands — 6 months — Canada — 6 months

Austria — 6 months — Malta — 6 months

Cyprus — 6 months — Portuguese — 6 months

Spain — 6-12 months

Italy — up to 4years from beginning to end

NB: DVA staff and pensioners should note that there is no point in telephoning the IOB for a status report on a claim before the above quoted period has elapsed as IOB cannot expedite the claims.

How will the pensioner know if they are granted a foreign pension?

29.The claiming country will advise the pensioner directly if they have been granted a pension including the payment details.  The pensioner is obliged to inform DVA if they are successful in claiming a foreign pension within in the normal 21 day time period. See paragraph 55 for review action.

Interpretation Service

30.If a pensioner needs assistance with a non-English language, interpretation information is available on 13 1202.  This number can be reached from anywhere in Australia for the cost of a local call.

No cost involved to the veteran

31.Pensioners should be advised that there is no cost to them in claiming a CFP with a DSS agreement country.  DVA staff will assist them with their claim and will arrange the postage to IOB, or if the pensioner prefers, they can physically lodge or post it direct in the return reply paid envelope to any DSS regional office.  The claim will be sent to IOB and then sent onto the claiming country.

Obligations Paragraph

Quarterly Advices

32.An appropriate obligation's paragraph will be included in future quarterly advices; the first will appear in December 1994.  The paragraph will explain to the pensioner that they are obliged under the VEA to make a CFP claim if eligible and, if successful, they must inform DVA of the date of payment.  By including an obligation paragraph into each quarterly advice letter this will ensure that each service pensioner is aware that they must claim a foreign pension if they have an entitlement.

Daily Advices

33.A paragraph will also be included in the daily advices informing pensioners of their obligations.

Advices to New Claim Grant

34.The obligation's paragraph will be included in advices to new claimants informing them of their obligations.

Non Agreement Countries

Processing Claims for Non-Agreement Countries

35.Some non-agreement countries do not have a type of social security system that will pay a pension to a former residence who is now living in Australia.  However, other countries do, and DSS has provided a list of those countries that will pay a pension if the qualifying years of contributions are met -they are listed at Attachment B.

First step in deciding eligibility for a non-agreement country.

36.The first step in deciding if it is worthwhile for the pensioner to lodge a claim with a country is to establish if that country is listed at Attachment B.

If yes then a claim for a foreign pension can be pursued.  Attachment B details the name of the country, the address of that country's social security authority and the minimum years of contributions required to make a claim.

Attachment C is a suggested form of words to use for a claim to one of these countries.  The pensioner does not have to use this suggested format, which highlights the likely information required to make a claim, but it is recommended in order to optimise their chances.  Either way, the claim can be posted from a DVA office direct to the claiming country in a blank non-DVA envelope.  As there is no agreement with these countries their specific requirements are unknown, however, it is logical that as much information as possible is provided in support of the claim.

If the country is listed but it appears that the pensioner  will not meet the minimum contributions, then a claim does not have to be pursued.  However, if a pensioner wishes to pursue the claim given this advice,  the claim can be sent from a DVA Branch Office, at no charge to the pensioner.

It is very important that the claiming letter is not on DVA letterhead and that the letter does not mention DVA as being involved with the claim in any way.  This is important as DSS is in the early negotiation stages of making arrangements with a host of countries and any contact by DVA may jeopardise those negotiations.  A claim to a non-agreement country (Attachment B) is not to be lodged with IOB for processing but sent direct to the claiming country.

If not, then the pensioner should be advised in the same way as for an agreement country that they have fulfilled their obligation and only if they wish to pursue a claim that DVA can assist them with a form of words as described at Attachment C.  Irrespective of whether a claim is made or not the pensioner has fulfilled their obligation under the VEA.

Documentation for non-agreement countries

37.Do not send original certificates and documentation directly to non-DSS agreement countries.  Photocopies endorsed by a Justice of the Peace (JP) should be sufficient.

What if a country is not listed at Attachments A or B

38.Generally if the country is not listed,  it is likely that country does not have an authority to process such claims or due to the economical situation there is little chance of a successful claim.  The advice to the veteran in this situation should be not to proceed with a claim, as it is unlikely that it would be successful.  However,  if the pensioner chooses to pursue the pension they should be advised of the general information and the form of words to be used in the claim, as described at Attachment C as for the listed non-agreement countries.  This is entirely their decision.

39 — If a pensioner wishes to pursue the claim they can choose to contact the embassy themselves to get the address of the relevant authority in that country, or they may ask DVA staff for assistance, in which case a call could be placed from the branch office to the embassy or consulate representing that country in Australia.

40.If the pensioner is successful in making a claim they must be advised that they are obliged to inform DVA of the date and amount of payment received. This is necessary for the purposes of adjusting pension rates and to apply savings provisions, if applicable.  Though arrears will not be used to

re-assess retrospectively, such information may have a bearing on a service pension if arrears are invested.

Lost and delayed cases

41.If a lodged claim for a foreign pension is lost or delayed beyond a two year period then it is likely that it would be unreasonable to pursue further.  In this instance the pensioner has taken reasonable action and has met their obligation under the VEA.  DVA will not make representations to overseas governments in any circumstance.

Countries that do not respond to a claim in a reasonable time-frame?

42.Should a pensioner advise in writing that their claim against a non-agreement country has resulted in a nil response over a period of two years, then their file should have a notation that reasonable action has been taken.  Refer to paragraph 53 for details about reasonable action.

When Should a Claim not be Pursued?

43.A pensioner will not be required to pursue a claim for the following reasons or circumstances:

• There is a risk of danger to the pensioner or their family, such as may occur in the case of the pensioner's former refugee status;

OR

• The country is in a state of civil war or is politically or economically unstable and obviously there is no chance of a claim being processed.

44.If it is likely that a pension will not be granted, for example some pensioners may not have evidence of previous residency in another country or will not have records of contributions made to superannuation or pensions schemes, then the pensioner should be advised that their claim is likely to be unsuccessful.

Changes to the Service Pension application forms

45.Modifications will be made to the 'Service Pension Application', the 'Income Assets Statement' and the 'Income Support Supplement' forms to include a question about claiming a CFP.

Numbers with Possible Eligibility.

46.A data extraction exercise has identified that nationally approximately 19,000 pensioners and their partners may be eligible to make a claim for a foreign pension.  From these figures, the expected number of enquires that each state can expect will be approximately:

NSW — 7064

Victoria — 4266

Queensland — 3308

South Australia — 1598

Western Australia — 2014

Tasmania — 1025

47.Over 75% of those identified are expected to have British entitlement, therefore the estimated number of enquires could be 14,000 for UK.

Savings Provisions

48.The introduction of this initiative includes an administrative arrangement to save fringe benefits and treatment in certain circumstances.  The Savings Provisions will apply if:

• The person was in receipt of a service pension before  10 May 1994.  The savings provisions do not apply to those pensioners who are granted a service pension and who receive a foreign pension after this date.

Refer to paragraph 58 for the system procedures.

49.Existing entitlement to treatment is retained when a foreign pension is granted and lifts the total income above the allowable limit, and causes the pension to reduce.  The savings provision continues to apply until the level of other income increases beyond the treatment eligibility threshold.  Fringe benefits are also preserved if the pension is reduced to nil, provided the cancellation of the service pension is a result of the CFP grant.

Note:The savings provision is restricted to saving existing treatment benefits once only.  This means that if other income is reduced and a service pension is increased and then either the other income or a foreign pension causes the pension rate to reduce at a later date, then the savings provision will then cease to apply.

Arrears

50.The granting of foreign pension arrears will not be subject to recovery action.  Normal income and assets tests will apply to the any investment made with the arrears.

Issues of Concern for Pensioners

51.Pensioners may be concerned that they will have their pensions reduced because of this initiative.  The rationale behind this measure is to ensure that their total income is maximised.  It encourages pensioners to claim an entitlement that is owing to them from an overseas country.  This actually provides pensioners with the opportunity to claim any contribution that they have made to an overseas social security system or superannuation scheme and, by doing so the claimant will be saving Australian taxpayer's money.

What happens to the service pension if the claim is successful?

52.The rate of service pension will depend on the amount of the overseas pension and any other income.  The usual income test applies and allows an 'income free area', currently $156 per fortnight for a couple.  Therefore this allows service pensioners to receive additional income up to this level as well as their combined service pension.  If this level is exceeded by additional income, then their combined service pension would be reduced by only 50 cents in the dollar.  Even if this happens, their existing fringe benefits and treatment entitlements will be subject to savings provisions as outlined in paragraphs 48 and 49.

Reasonable Action

53.The Secretary of DVA has the power to issue a notice to eligible service pensioners and their partners,  requesting that reasonable action is taken to claim any overseas entitlement.  This requirement to take reasonable action to obtain a comparable foreign pension is in accordance with section 54A.(1)(a)(b) of the VEA that describes reasonable action as:

36JA(1) If:

(a) a person has claimed an age service pension; and

(b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;

the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the comparable foreign pension.

54.Reasonable action is any attempt made to claim a foreign pension.  For example, in the case of a veteran who contacts DVA to make a claim and is advised by DVA staff not to pursue the claim, as it would prove to be futile.  The pensioner has met their obligation and they have taken reasonable action.  This should be noted and a Minute placed on the file detailing the date, country and that no further action is required.

Negative Response to Pamphlet

55.There may be exceptional cases where the pensioner might refuse to claim or establish their eligibility for an overseas pension.  Initially staff should advise the pensioner of the financial advantages in successfully claiming any entitlement that may be owing to them.

56.If the pensioner cannot be convinced of the positive benefits of applying they should be reminded that they will be  obligated to comply from 1 January 1995.  After this date the following action will be undertaken if the pensioner still refuses to apply:

(a)obligations are to be formally issued by staff;

to inform the pensioner that

(b)reasonable action must be taken;

then

(c)depending on the outcome;

(d)a delegate must make a determination that either the pension is

to cancelled or suspended or that no further action is required.

57.All service pensioners will be advised of their obligation to apply for

any foreign pension entitlement that might be owing to them in the July

1995 pensioner obligations mail out.  In addition, Departmental review forms will be updated for 1995 to include questions specifically relating to whether a pensioner has tested their eligibility for an overseas pension entitlement.

Cancellation or Suspension of a Pension

58.A delegate of the Repatriation Commission has the discretion under section 56EB(1) of the VEA to cancel or suspend a service pension or reject a claim for a service pension, if it is deemed that reasonable action has not been taken to claim a foreign pension.  It will therefore be necessary in the future, to verify why a pensioner has not claimed a CFP if either their new claim form or other information indicates they may be eligible.

Delegations

59.Delegations for cancelling or suspending a service pension have been extended to allow for cancellation or suspension of a service pension if a pensioner and their partner do not take reasonable action to obtain a foreign pension.  The delegations are under section 56EA; 56E(1) and 56EB(1) authority to cancel or suspend in the case of failure to obtain a foreign pension.

SYSTEM PROCEDURES

Recording a foreign pension

60.A foreign pension other than a British age pension is to be recorded under the new super type 84 (FOR PENS).  The source country of the foreign pension must be entered in the 'description' field.  Whenever a new super type 84 is added but the source country is not entered in the 'description' field, an error message will be displayed as 'SOURCE COUNTRY OF PENSION MUST BE ENTERED'.  British age pension is to continue to be recorded under super type 08.

Super Type 84 savings provisions

61.A warning message has been added to super type 84 'SAVINGS PROVISIONS MAY APPLY' whenever action is taken by the examiner to add or change a super type 84 or 08 on the income screen.

62.Where service pension is in payment as at 10 May 1994 and a CFP is granted after this date, the savings provisions may apply.  The savings provisions do not apply to pensioners granted a service pension with an effective date after 10 May 1994 nor to existing pensioners receiving a service pension and a foreign pension either on or before 9 May 1994.

Recording of saved entitlements under Eaters

63.If a service pension is reduced to a "NIL" rate solely because of held foreign pension in the assessment and eligibility for fringe benefits and treatment is saved, the examiner is to record the 'saved' entitlements through EATERS.  This facility does not allow recording of 'saved' entitlements if a service pension is in payment.

Recording of saved entitlements under PIPS.

64.Where service pension is reduced,  as a result of a foreign pension being granted, a trial assessment is to be done to check 'TSP' eligibility.  If 'n or 'g' is recorded in the 'TSP ELIGIBILITY' field, the examiner is to record the payment details on the manual rates screen (PP.MR) under a 'miscellaneous' assessment method, and set the treatment eligibility indicator to 'y'.  A manual method of assessment will only apply if entitlement to treatment is 'saved' solely because of the held foreign pension.

65.Where a pensioner's eligibility for treatment is retained, but subsequently lost at a later date because of other income, it will be necessary to delete the foreign pension from the trial assessment.  If the total amount of income, other than foreign pension, does not exceed the treatment eligibility limit, existing entitlement to treatment is to be 'saved'.

Evaluation.

66.In accordance with the Department of Finance requirements, the evaluation of this project is to commence twelve months after the date of implementation and will continue on a yearly basis.  A data extraction program has been requested, that will be monitored by Central Office.  This program will record the amount of foreign pension maintained in service pension assessments.

Contact Officers.

67.If you require assistance with a system issue you can contact Carol Walsh on (06) 289 6638 or contact Felicity Donnelly (Project Officer) on (06) 289 6452 or Nigel Parmenter (Assistant Director) on (06) 289 6342 for policy issues.

KAY GRIMSLEY

ASSISTANT SECRETARY

INCOME SUPPORT

Attachment A

COMPARABLE

FOREIGN  PAYMENT

INFORMATION

FOR

DSS AGREEMENT COUNTRIES

FOR USE BY DVA STAFF

Working Life Residence (WRL) is the period of time a person legally resides in

Australia between the ages of 16 and Age Pension age(ie 65 males, 60+ females)

Current October 1994

This information is produced and supplied by the Department of Social Security

SYSTEM	FOREIGN PAYMENT TYPE	QUALIFYING	MINIMUM CONTRIBUTIONS	IMPACT OF AGREEMENT	COMPATIBILITY
C Y P R I O T	AGE PENSION DISABILITY PENSION SURVIVOR PENSION	65 (M) 63 (F) 16 16	As a general rule 5 years of contributions on a high salary after 7 Jan 1957 could produce a pension while 10 years of contributions from any salary after that date would guarantee pension As a general rule 6 months contributions on a high salary after 7 January 1957 could produce a pension while 1 year of contributions from any salary after that date would guarantee pension. As a general rule 5 years of contributions on a high salary after 7 January 12957 could produce a pension while 10 years of contributions from any salary after that date would guarantee pension.	Australian WLR after 7 Jan 1957 can be used to make up minimums providing claimant has at least 1 year of actual contributions ***** Australian WLR of the deceased partner after 7 Jan 1957 can be used to make up minimum providing deceased paid at least 1 year of actual contributions.	Can be paid even if the claimant gets a Cypriot survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Cypriot Disability Pension. Can be paid even if the claimant gets a Cypriot survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Cypriot Age pension. Can be paid even if the claimant gets a Cypriot Age or Disability pension based on his or her own contribution records.	Scheme commenced - 1956 Includes a medical requirement which would usually be met by Australian DSP recipients. Claimant must be the legal widow or widower of the deceased contributor.
System	FOREIGN PAYMENT TYPE	QUALIFYING	MINIMUM CONTRIBUTIONS	IMPACT OF AGREEMENT	COMPATIBILITY	ADDITIONAL INFORMATION
P O R T U G U E S E	AGE PENSION INVALIDITY PENSION SURVIVORS PENSION	65 (M) 62.5 (F) *(f) to be increased to 65 by the year 1999. 14 14	Must have paid at least 10 years contributions. Must have paid at least 5 years contributions unless invalidity occurred due to an industrial accident. Deceased spouse must have paid at least 3 years contributions.	Australian WLR can be used to make up minimum providing claimant has at least 1 year of actual contributions. ***** Australian WLR of the deceased spouse can be used to make up minimum providing deceased paid at least 1 year of actual contributions.	Can be paid even if the claimant gets a Portuguese survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Portuguese invalidity pension. Can be paid even if the claimant gets a Portuguese survivor pension on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Portuguese Age Pension. Can be paid even if the claimant gets a Portuguese Age or invalidity pension based on his or her own contribution records.	Scheme commenced - 1935 Ages for females to be increased to: 63   from 1/1/95 63.5 from 1/1/96 64   from 1/1/97 64.5 from 1/1/98 65   from 1/1/99 Includes a medical requirement which would usually be met by Australian DSP recipients. Claimant must be the legal widow or widower of the deceased contributor or have been in a marriage-like relationship for the 2 years preceding death.

SYSTEM	FOREIGN PAYMENT TYPE	QUALIFYING	MINIMUM CONTRIBUTIONS	IMPACT OF AGREEMENT	COMPATIBILITY	ADDITIONAL INFORMATION
I T A I A N	AGE PENSION INVALIDITY PENSION SURVIVOR PENSION	61 (m) 56 (f) * To be increased to 65(m) and 60(f) by the year 2002 16 16	15 years of contributions after age 16. 3 years of contributions after age 16 unless invalidity occurred due to an industrial accident. 3 years of contributions by the deceased.	Australian WLR can be used to make up minimums providing claimant has at least 1 year of actual contributions.	Can be paid even if the claimant gets an Italian Survivor Pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Italian Invalid Pension. Can be paid even if the claimant gets a Italian Survivor Pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Italian Age Pension. Can be paid at the same time as an Italian Age or invalid pension based on his or her own contribution records.	Scheme commenced - 1915 Ages to be increased to: 62(m) & 57(f) from 1/1/96 63(m) & 58(f) from 1/1/98 64(m) & 59(f) from 1/1/2000 65(m) & 60(f) from 1/1/2002 Includes a medical requirement which would usually be met by Australian DSP recipients. Claimant must be a legal widow or widower of the deceased contributor.  Pension continues to be paid even if claimant forms a defacto relationship.  The claimant may also be a dependant child or parent of the deceased tribution.