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

Document

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 273CSection 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:

UK6 monthsIreland6 months

The Netherlands6 monthsCanada6 months

Austria6 monthsMalta6 months

Cyprus6 monthsPortuguese6 months

Spain6-12 months

Italyup 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.

39If 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:

NSW7064

Victoria4266

Queensland3308

South Australia1598

Western Australia2014

Tasmania1025

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.


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

S

P

A

N

I

S

H

AGE PENSION

INVALIDITY PENSION

SURVIVOR PENSION

65 (M)

65 (F)

16

16

Contributions of at least 15 years after age 16.

Contributions of at least 5 years with a quarter of these in the last 10 years unless invalidity occurred due to an industrial accident.

Contributions of at least 500 days by the deceased spouse.

Australian WLR can be used to make up minimum providing claimant has at least 1 year of actual contributions.

*****

Australian WLR can be used and overcome recency provisions.

*****

Australian WLR can be used to make up minimum providing claimant has at least 1 year of actual contributions.

Can be paid even if the claimant gets a Spanish survivor pension based on his or her deceased spouse's contribution records.

Can be paid even if the claimant gets a Spanish survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Spanish Age Pension.

Can be paid even if the claimant gets a Spanish Age or Invalidity pension based on his or her own contribution records.

Scheme commenced - 1919

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.


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

I

R

I

S

H

RETIREMENT PENSION

OLD AGE PENSION

65 (M)

65 (F)

66 (M)

66 (F)

Must have paid PRSI  Pay Related Social Insurance contributions before age 55.  Minimum of 156 weeks contributions and an average of 20 weeks PRSI a year over the whole potential contributory period.

Paid PRSI contributions before age 56 or 57 (depends on D.O.B.).  Minimum of 156 weeks contributions and an average minimum of 20 weeks PRSI per year over the whole potential contributory period.

Australian WLR can be counted providing claimant has at least 12 months of actual PRSI contributions.

*****

Australian WLR can be counted providing claimant has at least 12 months of actual PRSI contributions.

Pension is not affected by any other pension or income the person may receive.

PRSI contributions began in 1953.

NOTE:  A Retirement Pension converts to an Old Age Pension at age 66.

CONTINUED OVER THE PAGE


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

I

R

I

S

H

INVALIDITY PENSION

16

Must have paid 260 weeks (5 yrs) PRSI contributions as an employee or self?employed person and 48 weeks paid or credited PRSI contributions in the Taxation year before claim.

Periods of continuous incapacity for work which occurred during working life residence in Aust are counted to allow claimant to meet the 12 month minimum.

Invalidity Pension is not paid at the same time as any other Irish Pension or Benefit.

Includes a medical requirement which states that a claimant must have been permanently incapable of work for the previous 12 months.  Australian DSP recipients are expected to meet the Irish requirements.

WIDOW PENSION

18

A total of at least 3 years PRSI contributions (own or deceased spouse's) to the date of spouse's death with an average of at least 24 week of paid or credited PRSI over a person's period of working life since 1953.

Australian WLR of either the widow or deceased spouse can be used provided the deceased had a contribution period of at least 12 months.

Widow Pension is not paid concurrently with Retirement or Old Age Pension.


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

B

R

I

T

I

S

H

RETIREMENT PENSION

DISABILITY PENSION

WIDOW BENEFIT

65 (M)

60 (F)

N/A

16

Basic Retirement Pension Additional Pension or Graduated Retirement Pension may be payable if a person:

worked in the UK on or after 3/4/1961;       or

worked in the UK for at least the number of years shown in Table 1 (male) or Table 2 (female)

or

is a widow who has not remarried under age 60 and is not receiving a widow pension and her late husband worked in the UK at any time

or

is divorced and has not remarried and the former spouse worked in the UK at any time.   This applies to women regardless of when pension age was reached, but only applies to men who turned age 65 on or after 6/4/1979.

Refer to Tables below

N/A

Depends on age, starting from 1 year of insurance.

This is a host country agreement - there are no totalisation provisions to include Australian residence.

Retirement Pension and Widow Benefits cannot be paid concurrently.

UK Disability Pension is not paid into Australia.

Widow Benefit and Retirement Pension cannot be paid concurrently.

Scheme commenced - 1908

NOTE:  Refer to the Tables below.

Widow must be the legal widow of the deceased contributor.

I M P O R T A N T

You must refer to the Tables following to establish the likely entitlements to British pensions.


U.K. CLAIMS ACTIONED BETWEEN 6 APRIL 1994 AND 5 APRIL 1995

TABLE 1 - MALES

SITUATION

IF YES

IF NO

1.  Did he live or work in the UK after 1/1/46?

GOTO Situation 2

GO TO SECTION B

2.  Did he work in the UK for an employer after 6/4/61?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO Situation 3

3.  Was he born between 6/4/1889 and 5/4/1902 and did he work in the UK for 4 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1902 and 5/4/1905 and did he work in the UK for 4 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he borne between 6/4/1905 and 5/4/1908 and did he work in the UK for 5 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1908 and 5/4/1910 and did he work in the UK for 6 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1910 and 5/4/1911 and did he work in the UK for 6 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1911 and 5/4/1917 and did he work in the UK for 7 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was  he born between 6/4/1917 and 5/4/1921 and did he work in the UK for 8 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1921 and 5/4/1926 and did he work in the UK for 9 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1926 and 5/4/1930 and did he work in the UK for 10 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

Was he born between 6/4/1930 and 5/4/1932 and did he work in the UK for 11 years?

Issue claim pack (if wife does not get a UK pension, also issue claim pack to her).

GO TO SECTION B

SECTION B

SITUATION

IF YES

IF NO

1.  Is the man divorced or widowed?

GO TO Situation 2

No entitlement

2.  Was he born on or after 6/4/1914?

GO TO Situation 3

No entitlement

3.  Was his spouse ever employed in the UK?

Issue one claim pack

No entitlement

U.K. CLAIMS ACTIONED BETWEEN 6 APRIL 1994 AND 5 APRIL 1995

TABLE B FEMALES

SITUATION

IF YES

IF NO

1.  Did she live or work in the UK after 1/1/46?

GOTO

Situation 2

GO TO

SECTION B

2.  Did she work in the UK for an employer after 6/4/61?

Issue claim pack to her.

GO TO

Situation 3.

3.  Was she born between 6/4/1904 and 5/4/1905 and did she work in the UK for 4 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1905 and 5/4/ 1910 and did she work in the UK for 4 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1910 and 5/4/1913 and did she work in the UK for 5 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4./1913 and 5/4/1915 and did she work in the UK for 6 years:

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1915 and 5/4/1916 and did she work in the UK for 6 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1916 and 5/4/1922 and did she work in the UK for 7 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1922 and 5/4/1926 and did she work in the UK for 8 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1926 and 5/4/1931 and did she work in the UK for 9 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1931 and 5/4/1935 and did she work in the UK for 10 years?

Issue claim pack to her.

GO TO

SECTION B

Was she born between 6/4/1935 and 5/4/1937 and did she work in the UK for 11 years?

Issue claim pack to her.

GO TO

SECTION B

SECTION B

SITUATION

IF YES

IF NO

1.  Is the woman divorced or widowed?

GO TO Situation 2

No entitlement

2.  Was her spouse ever employed in the UK?

Issue one claim pack.

No entitlement


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

C

A

N

A

D

I

A

N

RETIREMENT PENSION - CPP

(Contributory)

CANADA PENSION PLAN

CANADIAN AGE PENSION - OAS

(Residence based)

OLD AGE SECURITY ACT

CANADIAN DISABILITY PENSION

CPP only

CANADIAN SURVIVOR PENSION

CPP only

65 (M)

65 (F)

65 (M)

65 (F)

16

18

Contributions of at least 1 month since 1966.

To get an OAS pension in Aust, claimant must have 20 years residence in Canada after age 18.

Must have made contributions at any time since 1966.  Also must have contributed to CPP or resided in Australia during working life for 2 out of 3 or 5 out of 10 of the 10 years immediately before disablement.

Contribution from 3 years to 10 years by the deceased partner depending on age of death.

Perios of Australian residence are not needed as only 1 contribution is required to get CPP Retirement Pension.

*****

Australian WLR can be used to make up 20 year minimum providing claimant has at least 1 year of actual residence in Canada.

*****

Australian residence can be counted.

*****

Australian residence can be counted.

Can be paid in addition to OAS pension, in which case it is paid separately.  If also entitled to Survivor Pension, a combined pension is paid at a special rate.

Can be paid with any CPP pension.

If entitled to another CPP pension, a combined pension is paid at a special rate.  Converts to a Retirement Pension at age 65.

If also entitled to another CPP pension, a combined pension is paid at a special rate.  Converts to Retirement Pension at age 65.

Schemes commenced -

  Old Age Security Act - 1927

     Canada Pension Plan - 1966

NOTE:  CPP does not apply to contributors from Quebec.

NOTE:  Residence in Quebec also counts for the OAS.

NOTE:  CPP does not apply to contributors from Quebec.

Claimant must be recognised as the partner of the deceased under Canadian law (legal or defacto).  If claimant is under 35 at death of partner, must be disabled or have dependent children.  Continues to be paid even if survivor remarries.


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

D

U

T

C

H

AGE PENSION

SURVIVOR PENSION

65 (M)

65 (F)

40

At least 1 contribution after age 15 since 1957.

The deceased partner must have been insured at death and the claimant must be 40 years old and have dependent children under 18.

Australian WLR is not necessary as the Netherlands system awards pensions based on a minimum of 1 contribution since 1957.

*****

Australian WLR does not count.

Cannot be paid with other Netherlands pensions.

Cannot be paid with other Netherlands pensions.

Scheme commenced - 1956

Claimant must be a legal widow or widower of the deceased contribution.


SYSTEM

FOREIGN PAYMENT TYPE

QUALIFYING

MINIMUM CONTRIBUTIONS

IMPACT OF AGREEMENT

COMPATIBILITY

ADDITIONAL INFORMATION

A

U

S

T

R

I

A

N

AGE PENSION

DISABILITY PENSIONS

SURVIVOR PENSION

65 (M)

60 (F)

16

16

Must have paid social insurance contributions of at least 180 months.

Must have paid at least 5 years contributions in the 10 years preceding the onset of the disability.

Depends on the deceased partner's insurance record for Age or Disability Pension.

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 an Austrian survivor pension based on his or her deceased  spouse's contribution records.  Cannot be paid at the same time as Austrian invalidity pension.

Can be paid even if the claimant gets an Austrian survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Austrian Age pension.

Can be paid even if the claimant gets an Austrian Age or Disability pension based on his or her own contribution records.

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

M

A

L

T

E

S

E

AGE PENSION

INVALIDITY PENSION

SURVIVOR PENSION

61 (M)

60 (F)

14

14

At least 156 week of contributions after July 1956, paid over 20 years from age 14.

At least 250 weeks of contributions after July 1956, unless invalidity occurred due to an industrial accident.

At least 250 weeks of contributions by the deceased spouse after July 1956 - 126 of which were paid after January 1979.

Australian WLR can be used to make up the minimum providing claimant has at least 1 year of actual contributions.

*****

Australian WLR of either claimant or deceased spouse can be used to make up minimum providing claimant has at least 1 year of actual contributions.

Can be paid even if the claimant gets a Maltese survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Maltese Invalidity Pension.

Can be paid even if the claimant gets a Maltese survivor pension based on his or her deceased spouse's contribution records.  Cannot be paid at the same time as Maltese Age Pension.

Can be paid at the same time as a Maltese Age or Invalid pension based on his or her own contribution records.

Claimant must be retired.

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.


ATTACHMENT B

ADDRESSES FOR NON- AGREEMENT COUNTRIES

Country

Minimum Contributions

Name & Address of Social  Security Authority

ARGENTINA

15 Years

Ministerio de Trebajo

y Seguridad Social

Avda Julio A Roca 609

1067 BUENO AIRES

ARGENTINA

BERMUDA

5 Years

Ministry of Health and Social

Services

Old Hospital Building

7 Point Finger Road

Paget DV.04 BERMUDA

BRAZIL

5 Years

Ministereo do Trabalho

e Precidensia Social

Esplanada dos Ministeros,

Bloco F

70059 BRAZILIA DF BRAZIL

CHILE

10 to 15 Years

Ministero de Trabajo Y

Seguridad Social

Huerfanos 1273, 60

SANTIAGO CHILE

DENMARK

30 Years

Ministry of Social Affairs

Slotsholsgade 6

1216 COPENHAGEN K

DENMARK

EGYPT

10 Years

Ministry of Social Insurance

3 Sharia el-Alfi

CAIRO  EGYPT

FINLAND

5 Years

Ministry of Social Affairs and

Health

Snellmaninkatu 4-6

00170 HELSINKI FINLAND

FRANCE

19 Years

Ministry of Labour and Social

Affairs

127 Rue de Grenelle

75700 PARIS   FRANCE

GERMANY

5 Years

Bundesministerium for Arbeiter

und Socialordnung

Postfach 14028

D5300 BONN 1 GERMANY

GREECE

11 Years

Idryma Koinonikon Asfalsieon

Agiou Knostantinou 8 and

Sokratous

104.31 ATHENS GREECE

GREENLAND

See Denmark

HOLLAND

See The Netherlands at

Attachement A

INDIA

10 Years

Ministry of Labour

Shran Shakti Bhavan

NEW DELHI 110001

INDIA

ISRAEL

5 Years

Ministry of Labour and Social

Affairs

National Insurance Institute

13 Weisman Street

JERUSALEM 95437 ISRAEL

JAPAN

20 Years

Ministry of Health and Welfare

1-2 Kasumigaseki

Chiyoda-Hi

TOKYO 100 JAPAN

MADAGASCAR

15 Years

Ministry of Civil Service and

Labour

Tsaralalana

ANTANANARIVO

MADAGASCAR

MAURITIUS

12 Years

Ministry of Social Security

National Solidarity and Reform

Institutions

13 Lislet Geoffrey Street

PORT LOUIS MAURITIUS

NEW ZEALAND

DO NOT PAY CFP

A pensioner can telephone DSS direct on 008030014 - if they want further information.

NEW CALEDONIA

See France

NETHERLANDS

See The Netherlands at

Attachement A

3 of 5 last years

Royal Norwegian Ministry of

Health and Social Affairs

P.O.B. 8011 Dep

0030 OSLO 1 NORWAY

PAPUA NEW GUINEA

10 Years

National Provident Fund Board

PO Box 5791 BOROKO

PORT MORESBY

PAPUA NEW GUINEA

PHILIPPINES

10 Years

Social Security System

East Avenue Road

QUEZON CITY PHILIPPINES

POLAND

20 Years

Ministry of Labour and Social

Affairs

Nowegrodzka 1/3

WO/513 WARSAW POLAND

SAUDI ARABIA

10 Years

Ministry of Labour and Social

Affairs

Omar bin al-Khatab Street

RIYADH 11157 SAUDI ARABIA

SWEDEN

3 Years

National Social Insurance Board

Riksforsakringsverket

Adolf Fredericks Kyrkogt

8 103 51 STOCKHOLM SWEDEN

SWITZERLAND

1 Year

Federal Office of Social Insurance

33 Effingerstrasse

3003 BERNE SWITZERLAND

TURKEY

15 Years

Ministry of Health and Social

Welfare

Saglik ve Sosyal Bakanligi

Yenisehir

ANKARA TURKEY

UNITED STATES

10 Years

Department of Health and

Human Services

Social Security Administration

Office of International Operations

PO Box 7684

BALTIMORE MD 21207 USA

VENEZUELA

15 Years

Institute Venezolano de los

Seguros Sociales

Central Profesional

Eg Altagracia

CARACAS VENEZUELA


ATTACHMENT C

SUGGESTED LETTER TO USE FOR CLAIMS FOR THE COUNTRIES THAT DO NOT HAVE A RECIPROCAL AGREEMENT WITH DSS

The following is suggested as a form of words to use if a pensioner wishes to lodge a claim for a foreign pension with a DSS non-agreement country.  The letter should include as much information as is suggested in the guides and anything else that may be of use.  The letter must be signed and dated.

Of course, the pensioner must advise DVA of the outcome of the claim, in order to fulfil their obligation under the VEA.

This allows them to fulfil their obligation under the VEA to take reasonable action to claim a foreign pension.

The addresses at Attachment B are supplied as countries known by DSS that actually have a social welfare authority.

A foreign pension may or may not be granted by these countries.


Suggested approach for writing to the claiming country:

The letter should use clear and simple English.

Address of the claiming countryAddress of the claimant

Officer in charge

Claims for age/invalidity retirement pension

Date

I am writing to request if there is any type of pension that may be owing to me.

I am an Australian resident but I previously lived and/or worked in your country.

I am inquiring whether there may be a chance that I might have eligibility to claim a pension.

To assist you with determining my eligibility I have provided you with certified copies of my relevant documents that will prove my residency or working history in your country.

I would be most grateful if you would consider my claim and then let me know if I am entitled to any payment.

Include as much of the following information as possible:

Surname:

Other names

Any other names you have had

Title

Address

Postcode

Telephone number

Marital status

Date of birth

Place of birth

Contributions made to a pension or superannuation fund and the year/s and age

When lived or worked in claiming country

List of residential addresses in claiming country

List of employers details and dates worked in claiming country

Nationality

Request advise if successful or unsuccessful in claiming - include a return self addressed envelope.

You may need to supply medical certificates to confirm your condition if you are applying for an incapacity type pension but you are not yet of retiring age.


draft

Attachment D

MEMORANDUM OF UNDERSTANDING

BETWEEN THE DEPARTMENTS OF

SOCIAL SECURITY AND VETERANS' AFFAIRS

PURPOSE: THE PROCESSING OF CLAIMS FOR FOREIGN PENSION

Introduction

This Memorandum of Understanding has been prepared to outline the procedures and responsibilities agreed by both the Department of Social Security (DSS) and the Department of Veterans' Affairs (DVA) regarding DVA's Claim Foreign Pension 1994 Budget initiative (Comparable Foreign Payment).

Coverage

  • This memorandum covers processing of claims for DSS agreement countries only.

  • DVA pensioners will be treated the same as any non-DSS foreign pension claimant.

  • DSS and DVA will adhere to privacy principles in the Privacy Act, the Social Security Act and Veterans' Entitlement Act.  This will include ensuring that DSS and DVA do not exchange, give or obtain information without the pensioners consent.

  • This understanding was derived from consultations between representatives from the Departments of Social Security and Veterans' Affairs on 28 and 29 September 1994 and is in recognition that DSS is the only Competent Authority under the terms of Australia's international Social Security agreements.


It is agreed that:

1.DVA's Role

Enquires

DVA staff will be responsible for the vetting of initial enquires only.  This will involve:

  • initial discussion with pensioners about eligibility criteria;

  • clarification of possible working life residence issues, non-UK agreement countries; and,

  • issuing of DSS claim pack to pensioner, where appropriate.  This includes instructions on how to complete the claim pack and a DVA specific information sheet advising the pensioner to return the pack to a DSS Regional Office.

If forms returned to DVA:

  • claim forms will be forwarded onto IOB, ensuring original certificates and documentation are attached.

2.Provision of Claim Forms

  • DSS will supply DVA with claim packages for  required agreement countries;

  • DSS will provide the claim packages to one central contact point as advised by DVA;

  • DVA will include a specific information sheet when issuing the package outlining the reasons for using DSS packages; and

  • DVA will modify the UK claim packages by indicating that Veterans' Affairs pensioners do not need to complete the UK authority page.

3.Lodgement Of Claim Packages With DSS

  • DSS will accept claims either personally lodged by a DVA pensioner at any regional office or posted directly to IOB;

Note:the date of receipt at DSS is accepted by most overseas agreement countries as the official date of lodgement of claim.

  • DSS will arrange a medical examination, when required, in accordance with the usual local arrangements.


4.Claims Processing by DSS

DSS will process a DVA generated claim in the same manner as a claim by any non-DSS foreign pension claimant;

Certification of Documents

DSS is the competent authority under international agreements to certify the validity of documentation and original certificates submitted with packages;

Note:DVA staff cannot certify documentation or verify the validity of original documents - DVA is not recognised under the international agreements.

5.Processing Of Claims By IOB

  • IOB will determine whether the claim is complete and ready to be forward to the overseas authority and will undertake any necessary follow up action prior to dispatch overseas.

  • DSS will record these claims on its Foreign Pensions System (FPS), and a limited range of statistical information will be available for DVA purposes.

Note: FPS is a system used for all non-DSS foreign pension claimants and therefore cannot identify DVA specific claimants.

6.Liaison

  • DSS will be solely responsible for any liaison required with the overseas authority.  DVA will not contact agreement countries directly.

Signed

for the Department of Social Securityfor the Department of Veterans' Affairs


DVA LETTERHEADATTACHMENT E

Covering letter to attach to each claim pack describing why DSS is responsible for processing CFP.

  • The attached claim pack is for you to complete to enable you to lodge a claim with [country] as you may be entitled to a pension.

  • Under changes to the Veterans' Entitlement Act 1986 which come into effect on 1 January 1995, you are required to claim any pension from [country] to which you may be entitled.

  • When completing the claim form you will notice that the Department of Social Security is mentioned in several places.  Australia and [country] have a Social Security Agreement which can enable people who might not previously have been able to claim a payment from that country to now qualify.  For instance, if you would normally be unable to meet the minimum residence or contribution requirements to qualify for a pension in [country] the Social Security Agreement can assist by allowing you to include some residence in Australia to meet the requirements.

  • Under Australia's Social Security Agreement with [country], the Department of Social Security is responsible for processing the claim for the social security authorities in [country].

  • Social Security are responsible for certifying copies of original documents and verifying residence in Australia.

  • The authorities in [country] will also accept the date the claim is received by Social Security in Australia as the date of lodgement and therefore, the earliest possible date from which pension might be paid.

  • These are very good reasons for Social Security to process your claim,  as DVA has no such agreement with [country].  DVA is not able to access the above mentioned arrangements and is not able to increase the amount of money owing to you by maximising any arrears payment.

NB: The claim form may ask what is your Australian Pension number, you must not put your DVA pension number in the space provided or anywhere else.


  • After completing the claim you may post the forms and associated documents directly to International Operations Branch in the white envelope provided.  You will need to provide original documents with your claim.  When you post the forms directly they will be copied then returned to you as soon as possible.

  • Social Security staff can copy your original documents and return them to you immediately if you lodge your application personally at any Social Security office.

  • Should you lodge your claim with DVA then it will be sent directly to IOB with original documents.

  • Additional information about claiming an overseas pension is included with the claim pack.

  • If you have any further questions regarding the claim, please contact your local Veterans' Affairs as detailed on the other side of this page or you may wish to contact the International Operations Branch in Hobart directly on 1800 030 707.

  • The advantage for you to directly contact the International Operations Branch is that they are an expert team who are knowledgable of the agreement they hold with [country] and they will be able to answer your queries instantly.

  • Veterans' Affairs will assist you with your claim and provide you with any assistance that you may need in obtaining your foreign pension, and will act on your behalf if you do not want to have direct contact with Social Security.

You are obliged to inform Veterans' Affairs of the date and amount of payment so that your service pension can be adjusted as needed.  If you are unsuccessful you should provide a copy of your letter from the claiming country.

NB: The claim form may ask what is your Australian Pension number, you must not put your DVA pension number in the space provided or anywhere else.


ATTACHMENT F

Advice to pensioner if ineligible to claim a comparable foreign payment (CFP).

Dear [Client title] [Client name]

As a pensioner under the Veterans' Affairs legislation you are required to take reasonable action to obtain any comparable foreign pension that may be owing to you from your period of residence or working life in [country].

I have considered your claim and it appears that you may not be eligible to claim a comparable foreign pension form [country].  I believe that you do not need to pursue this claim any further.  I have noted on your file that you have taken reasonable action and that you will not be required to make any further claim in the future to [country].

Your service pension has not been affected by this and will continue to be paid to you in the same manner.

for the Deputy Commissioner

(telephone number)


ATTACHMENT G

MORE INFORMATION ABOUT CLAIMING OVERSEAS PENSIONS

Why do I have to claim an overseas pension?

Australian social security law requires Australian pensioners and claimants for Australian pensions (and, if appropriate, their partners) who have lived and worked in countries with which Australia has Social Security Agreements to take reasonable action to obtain any entitlements they can get from those countries.

People who have contributed to the social security systems in countries with which Australia has Social Security Agreements can now claim pensions from those countries more easily than they could before.  In some cases, people who could not claim a pension from one of those countries can now do so.

Can DVA help me to claim a pension from overseas?

We can help you claim a pension from other countries.  We have the claim forms and other information from those countries and staff will assist you in completing the claim forms.

If you need help in filling in any part of the claim form, your local DVA office can help.

What happens to my service pension if I claim an overseas pension?

Your service pension will continue to be paid as usual.

What happens to my service pension if I get an overseas pension?

Many people can get a service pension and an overseas pension.  How much you will be paid will depend on the rate of the overseas pension and the other income you have.  Under the pension income test, you can have a certain amount of income (allowable income amount) and still get your service pension.  If your total income goes above the allowable income amount, service pension is reduced by 50 cents for every dollar above the allowable.  You will not lose existing fringe benefits or treatment entitlements if you have been in receipt of a service pension since 10 May 1994 and you are granted a foreign pension.

Why do you say you can stop my service pension if I do not test my eligibility for a foreign pension?

Under the VEA there is an obligation that people must take reasonable action within a certain time to claim overseas payments.  This obligation is there to ensure that you receive the highest amount of income owing to you.

What if I have already applied for the pension from overseas?

If you  have applied and are waiting to hear from overseas, do not fill in the new claim papers.  You are of course obliged to notify us of the details of any pension you are granted.

What if I already applied and they told me I am not entitled?

If you applied before and your claim was rejected, please let us know the details.  If you have a copy of the letter from overseas telling you that you are not entitled, please send us a copy.  If you do not have a copy of the letter, please let us know the type of pension you applied for, when and where you applied and why the application was refused.

What if I am sure that I cannot get an overseas pension?

If you think you did not make contributions to the overseas system or there is some other reason why you think you should not have to fill in the claim forms, please get in touch with your local DVA office.  After you tell us your reasons, we will be able to let you know whether or not you are still required to fill in the claim papers.