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C11/1998 AMENDMENTS TO DEPARTMENTAL INSTRUCTION C32/97 1996/97 BUDGET INITIATIVE: DVA TO PAY DSS AGE PENSION TO DISABILITY PENSIONERS

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DATE OF ISSUE:  3 MARCH 1998

AMENDMENTS TO DEPARTMENTAL INSTRUCTION C32/97 “1996/97 BUDGET INITIATIVE: DVA TO PAY DSS AGE PENSION TO DISABILITY PENSIONERS”

Purpose of instruction

The purpose of this instruction is to advise staff of amendments to Departmental Instruction C32/97, “1996/97 Budget Initiative: DVA To Pay DSS Age Pension To Disability Pensioners”.

Reason for amendments

DI C32/97 published 18 June 1997, contains information relating to the administration and payment of age pension by DVA under the Social Security Act 1991.  The information was based on a 1 July 1997 commencement date.  Due to delays in passage of the enabling legislation, the implementation date was postponed until 26 March 1998.

In the period since publication, changes have occurred in areas of DVA or DSS legislation and policy that impact on this initiative.  These changes are included in this amending DI.  Further procedural details not available at the time, are also now included here.

Authorised by

R J HAY

Ag BRANCH HEAD

INCOME SUPPORT

Table of Contents

AMENDMENTS TO DEPARTMENTAL INSTRUCTION C32/97 “1996/97 BUDGET INITIATIVE: DVA TO PAY DSS AGE PENSION TO DISABILITY PENSIONERS”              368

Overview of Topics........................................................370

Legislation - Social Security Act 1991 Amendments................................371

Confidentiality provisions....................................................371

OPAL..................................................................377

Lump Sum Advance.......................................................379

Overseas child payments..................................................................................................... 14

Ongoing transfers..........................................................15

Income and asset differences.................................................16

Delegations..............................................................18

Forms..................................................................19

Appeals to the Social Security Appeals Tribunal (SSAT)..............................20

SSAT offices.............................................................21

Payment Master File........................................................22

Portability................................................................23

Pension Portability Package..................................................24

PCC vouchers............................................................27


Overview of Topics

Overview of topics

The table below summarises the topics contained in this DI.

Topic

Issues covered

Confidentiality provisions

Impact of confidentiality provisions on advices and release of personal information.

Delegations

Changes to Authority Form D2650.

Forms

  • Incorrect references to forms in original DI.
  • What to do if you run out.

Income and Assets differences

  • Loans to trusts: DI C32/97 provided incorrect information.
  • Personal annuities: differences in policy not legislation.
  • Superannuation funds: differences in DVA/DSS policy (wife pensioners only).
  • Shared Renters: differences in DVA/DSS policy reducing RA to single sharers.

Legislation

Date of Royal Assent; implementation date

Lump Sum Advance

  • 01/01/98 VEA changes impact on age pensioners.
  • Manual processing of dual (i.e. disability and age pension) advances.

Ongoing Transfers

  • Procedures for streamlining ongoing transfers between Centrelink and DVA.
  • New forms available on Standard Letters.

OPAL

  • Changes to OPAL.
  • More DSS manuals available on the General.

Overseas child payments

DVA to pay overseas child payments where age pensioner resides overseas.

Payment Master File

New codes now in the Pension Payments Codebook.

PCC Vouchers

Need to surpress vouchers when issuing new PCCs.

Pension Portability

Procedures called “Portability Package” available.

SSAT Appeals

Refined procedures for handling SSAT appeals.


Legislation - Social Security Act 1991 Amendments

Background

Legislation to enable the payment of age pension by DVA was originally contained in the Veterans' Affairs Legislation Amendment (1996-97 Budget and Other Measures) Bill 1997.  When the Bill failed to gain passage through Parliament in time for implementation, it lapsed and the legislation was moved to the Veterans' Affairs Legislation Amendment (1996-97 Budget and Compensation Measures) Bill 1997.

Royal Assent

The Bill received Royal Assent on 3 November 1997 and became the Veterans' Affairs Legislation Amendment (1996-97 Budget and Compensation Measures) Act, no. 157 of 1997.

Implementation date

The new implementation date agreed between Centrelink, DVA and DSS is

26 March 1998.

Confidentiality provisions

Background

DI C32/97 contains information about confidentiality provisions under the SSA (Section B - “Confidentiality Provisions” refers).  Following legal advice, measures must be in place to ensure DVA complies with these provisions.

Overview of procedures when inquiry received

To ensure the authorised access, use and release of personal information, certain procedures should be followed.  These are outlined in the table below and further explained after the table.

Warning: If in doubt as to the identity of the person inquiring, or if the person inquiring is not authorised to receive information on the person they are inquiring about, post the requested information directly to the client.

Step

Action

1

Identify person as age pensioner (IQ.PP or IQ.CR)

2

Identify if consent has been given (IQ.AS)

3

Record consent (if given) (IQ.AS)

Step 1 Identifying client as age pensioner

When answering an inquiry from a client, check if the person is paid an age pension under the SSA - i.e. if confidentiality provisions apply.  Age pensioners are identified by accessing the following screens, available through PIPS/PC:

  • Client Record Summary - IQ.CR;
  • Pension Payment Details (PMF) - IQ. PP.

More information:  New payment category codes, and pension codes are detailed in DI 32/97.  The Pension Payments Codebook has been updated to include these new codes.

Example:  20-2402 might appear on IQ.PP if the person is an age pensioner.

Step 2 Identifying consent

An officer who receives a request to release information to a person's partner or a third party, must check the Current Assessment Summary screen (IQ.AS) under the Assessment Text field, to ascertain if the person has given their consent to release information to their partner or a third party.

Continued on next page


Confidentiality provisions, Continued

Viewing IQ.AS

To view the assessment text message follow the steps in the table below.

Step

Action

1

Go to IQ.AS

2

Type in pension number

3

View message that appears under Assessment Text field

Releasing protected information

Under confidentiality provisions in the SSA, personal information may only be released to a person's partner, or a third party, with the person's consent.  This means that unless the pensioner advises otherwise, for all age (and wife) pensioners paid by DVA:

  • single advices must be issued (i.e. one for each member of a couple); and
  • information may not be released to a person's partner, or a third party (e.g. accountant, solicitor, relative) unless the person provides their consent.

Warning: if nothing is recorded on IQ.AS, you must assume that no consent has been given.

Giving consent

There is no legal requirement for a pensioner's consent to the release of their personal information, to be in writing.  However, in most instances, oral consent should only be accepted for short term or one-off requests.  If there is any reason to doubt the validity of the consent given, or if the authority is to be in force for a substantial period of time, it is advisable to request that any consent given be confirmed by the person, in writing.  This is best done by sending an “Authority for Release of Personal Information” form, SS313.  This form is also sometimes referred to as a “Client Authority Form”, but is the same form.

Step 3 (i) Recording consent to release of information to partner

To avoid a resource intensive, bulk data collection exercise to record pensioners' consent, information will be collected and recorded on an ad-hoc, ongoing basis, when the pensioner has cause to make contact with DVA, or vice versa.

Example:  A veteran phones DVA to advise a change in circumstance.  Whilst the officer has them on the phone, they should ask if they permit their partner to make inquiries on their behalf.

Once an officer is satisfied that “true consent” has been given, it should be recorded in the manner detailed in the table below.

Continued on next page


Confidentiality provisions, Continued

IF consent to release information to partner...

THEN...

is given

  • joint advices will be provided; and
  • “Partner permitted to inquire” must be recorded under IQ.AS Assessment Text field.

is not given

  • advices are defaulted to single; and
  • IQ.AS Assessment Text field is not amended.

Step 3 (ii) Recording consent for release of information to third party

Where a client requests that personal information be released to a third party,

and the consent is to be in force on an ongoing basis, form SS313 should be sent to the person for completion.  Once returned, copy should be stored on file, and details recorded on the IQ.AS Assessment Text field as shown in the table below.

Note: the authority has a ‘life' of 13 months (unless the client indicates in writing that a longer term is desired - refer to the form for more information).  This means that once 13 months have lapsed, continued consent will need to be reviewed, and result recorded on the IQ. AS screen.

If consent to release information to a third party...

THEN...

is given

  • details of the third party must be recorded under IQ.AS Assessment Text field available via “IQ.AS”.
  • Example: “Daughter Jane Smith permitted to inquire”. Consent given 1/4/98, review 1/5/99
  • set manual review for 13 months
  • review and  record results on IQ.AS.
  • Example: “Daughter Jane Smith permitted to inquire”. Consent given 1/4/98 and reviewed 15/5/99. Next review 15/6/2000.

Is not given

  • post the requested information directly to the pensioner's address.  Do not release information to the third party.

Continued on next page


Confidentiality provisions, Continued

Setting individual advices on CO.CO

Pensioners who transferred to DVA in the bulk transfer from DSS on 26 March 1998, were automatically defaulted to single advices (except cases that edited for manual processing).  For ongoing DSS transfer ins and new claims, a “Y” indicator must be manually defaulted against the “Single Advice Requested” field on the Client Options screen (CO.CO), for both veteran and partner, in the following cases:

  • ongoing new claims of age pension;
  • ongoing DSS age pension transfer ins; and
  • interstate transfers of age pension.

This will ensure that all future departmental letters (i.e. ‘daily' and bulk advices) will be provided on an individual basis.  If sending manual letters, officers should check to see if individual correspondence is required.

Warning: Once the “Y” indicator has been set for single advices, it should not be removed under any circumstances, except at the express consent of the client (i.e. client has provided a written or oral request to allow release of information to their partner).

Setting joint advices

If a pensioner provides consent to release information to their partner, CO.CO screen must be set to joint advices by recording an “N” indicator against the single advices field and IQ.AS updated with consent details.

Important: The examiner must check that the addresses of both partners are EXACTLY the same, or the system will recognise it as 2 separate addresses and single advices will be issued.

Note: If advices are set to joint using PIPS/PC Advices screen instead of CO.CO, the advice will be rejected by the advices system.

Cross reference cases

When setting the advice indicator on CO.CO for cross reference cases, the indicator must be set under the file number that pension is paid under.

Recording a message on IQ.AS

To record details of a person/organisation that information can be released to, follow these steps:

Step

Action

1

Register a case on Claims Management System as “SP/ISS/AP Data Change”.

2

Create a worksheet on PIPS/PC

3

Go to “Calculate Pension” - press OK

Continued on next page


Confidentiality provisions, Continued

Authorised by (continued)

4

Go to ‘Assessment Text” and enter consent details:

e.g. “Partner permitted to inquire”

5

Go to ‘Advices' - ensure that no advices are sent (i.e. supress advices)

6

Print Authority

7

Authorise - NFAN


OPAL

Changes to OPAL

DI C32/97 contains information about the contents of OPAL and how to access it via the Department's Local Area Network (LAN) (Section B - “OPAL” refers).  Since publication of the previous DI the Social Security Act has been taken out of OPAL and stored under a separate library titled “Social Security Act”.

OPAL now contains the following documents:

  • Commonwealth Services Delivery Agency Act
  • Guide to the Act
  • Manuals
  • Legislation Index
  • Medical Terms

More information: For more information about each item click on the “Whats' In Opal” button upon entry into OPAL.

Switching between OPAL and the SSA

You will be able to switch from OPAL to the Social Security Act by clicking on the following buttons displayed on the toolbar

  • Social Security Act; or
  • Legislation Index button and choosing “Social Security Act”; or
  • Access option, and choosing “Social Security Act” from the drop box.

Similarly, to switch from the Social Security Act library to OPAL simply click on the Guide to the Act button displayed on the toolbar.

Additional manuals

To ensure that DVA staff have adequate tools to administer the payment of  age pensions, additional Social Security manuals have been provided.  The following manuals are now available via the LAN:

  • Overpayment and Prosecutions Manual
  • Debt Recovery Manual
  • Complex Assessment Officer's Handbook - containing information about hardship; trusts; private companies etc
  • International Agreements Manual - deals with payment of pension overseas and agreement countries

Reference Updates

Centrelink will be also providing Reference Updates (previously know as National Instructions), to DVA on an ongoing basis.

Continued on next page


OPAL, Continued

Storage of DSS information

OPAL, the Social Security Act, the additional manuals listed above, and the Reference Updates , are stored in a separate directory titled “DSS Information”.

Accessing “DSS Information” directory

The table below shows you how to access the “DSS Information” directory in Windows 95.

Step

Action

1

Click on the “Start” button

2

Click “Departmental” option

3

Click “Applications” option

4

Click “Reference Tools” option

5

Click “DSS Information” option

6

Click on the relevant library/manual


Lump Sum Advance

Background

DI C32/97 contained information about Lump Sum Advance (LSA) (Section C - “Lump Sum Advance” refers).  Whilst legislative changes introduced by DVA were not mirrored in the SSA, age pensioners who transfer to DVA may take advantage of the new LSA rules as disability pensioners.

LSA rules under VEA/SSA

The table below highlights rules that:

  • are effective from 1 January 1998 under the VEA; and
  • continue to apply under the SSA.

New VEA rules

Continuing SSA rules

No minimum amount of advance

Minimum amount of advance is $250

Maximum amount of advance is the lower of

  •                   $500; or
  • fortnightly payment ? 13

Note: all pensioners who receive a fortnightly payment above $38.50 automatically qualify for the maximum LSA of $500.

Maximum amount of advance is the lower of:

  • $500; or
  • annual payment ? 6%

Procedure for age pensioners

Age pensioners qualify for LSA under both the VEA (as disability pensioners) and the SSA (as age pensioners).  On application for an advance, the legislation which provides them with the most beneficial result should be applied.

Example:  The table below shows the maximum amount of LSA payable to an age pensioner receiving:

  • age pension of $100 per fortnight ($2,600 per annum); and
  • disability pension of $24.16 per fortnight (10% of the General Rate as @ 25/09/97).

Under the VEA

Under the SSA

$24.16 p/f ? 13 = $314

(rounded to nearest dollar).

$2,600 pa ? 6% = $156

Note: As SSA has a minimum limit of $250, they would not qualify for an advance under the SSA

Continued on next page


Lump Sum Advance, Continued

Dual LSA

An age pensioner may receive a lump sum advance of both disability pension and age pension.  However, the Department's online LSA system does not have the capacity to process both advances.

Manual processing required

Where a client with a pre-existing DP advance is subsequently granted an age pension advance (or transfers to DVA with a pre existing advance), the age pension LSA will need to be manually recorded on the PMF, using the General Purpose Coding Sheet (D5534) to:

  • set the limitation to commence recovery;
  • adjust the limitation amount for the last repayment; and
  • remove the limitation once recovery has been completed.


Overseas child payments

Child payments paid with age pension for overseas residents

DI C32/97 in the block titled “Child payments not paid with age pension” (Section C - “Calculation Of Age Pension” refers) stated: “Child payments are not added to the maximum basic rate of pension..because child payments.. come under the Family Payments program...”

Amendment

Child payments, know as the “overseas child payment”, will continue to be paid as part of the age pension, where:

  • the age pensioner is residing overseas; and
  • is receiving an Australian age pension under an International Social Security Agreement; or
  • was overseas and receiving additional pension payments for dependants on 1 January 1993 and has not returned to Australia at any time since that date.

This means that DVA will continue to pay child payments as part of the age pension for transferees with dependent children who reside overseas, and meet the above criteria.

More Information: refer to the section on Portability in this instruction.

Guide to SSA Ref:  Chapters 17.5180-85, and 42.320-24.


Ongoing transfers

Overview

DI C32/97 in the section on Ongoing Transfers (Section D - “Ongoing Claims and Transfers” refers) highlighted the fact that pensioners wishing to transfer to DVA after the initial bulk transfer, will be required to lodge a new claim.

Procedures have been streamlined to ensure that these claims are processed with a minimum amount of inconvenience to the client.  These are detailed below.

Verification of personal details

not required

In most cases, the client's personal details such as name, date of birth, marital status etc would have been verified by Centrelink.  Before the client is requested to provide further supporting documentation, the following action should be taken:

Step

Action

1

Complete the form “Request for Verification of Personal Details”.

Note: The form titled “AP-verify detail ” is located on the Standard Letters system, under the New Claims templates.

2

Fax the form to the relevant Centrelink Office.

Note: this should be done the day the claim is lodged.

3

When verification received from Centrelink place a copy on file.

4

If required, request additional documentation from the client.

Arranging cut-off and grant days

When the claim is ready to proceed to grant, arrangements will have to be made with Centrelink for an appropriate cut-off date, and corresponding DVA grant date, to ensure that there is no overlap (i.e. no overpayment caused by the transfer action).  Follow these procedures:

Step

Action

1

Phone Centrelink and agree to a cut-off day (i.e. last Centrelink payday) and DVA grant day.

2

Complete the form “Confirmation of Pension Cut-Off and Grant Days”.

Note: The form titled “AP - confirm grant ” is located on the Standard Letters system, under the New Claims templates.

3

Fax the form to the relevant Centrelink office.

4

Put pension into payment.

Warning: customary Centrelink clearance forms will not be required.


Income and asset differences

Loans to family trusts

DI C32/97 stated that VEA policy treatment of Loans made to ‘family' trusts, differs from the SSA treatment.  This is incorrect.  DVA treatment mirrors Social Security policy.  Please note that this refers to discretionary trusts.

Personal annuities

Personal annuities are annuities ‘purchased' in exchange for another asset (e.g. a property).  Where such an annuity is purchased from someone other than a recognized issuer of annuities, DVA compares the capital value of the annuity with the value of the asset exchanged.  Where the value of the annuity is less then the value of the asset exchanged, the difference comes under deprivation provisions.  The value of the annuity is then calculated in accordance with section 52A of the VEA.

DSS does not look at the issue of whether or not adequate financial consideration was received for the asset exchanged for the annuity, but simply calculates the value of the annuity in accordance with legislative provisions contained in section 1119 of the SSA.  These mirror the provisions of s52A of the VEA.  However, DSS will examine whether the personal annuity is a contrived arrangement.  Details on contrived arrangements and their treatment are contained in Reference Update (ie National Instruction) CB960228.

Personal annuities held by age pensioners should be assessed in line with DSS policy .

Guide to SSA Ref: Chapter 32.2800-1.

Superannuation Funds

From 20 September 1997 under the SSA (not the VEA), the income and assets tests are applied to superannuation and rollover funds for pensioners over 55 who are not yet pension age.  DVA does not assess assets held in superannuation and rollover funds under the income and assets tests for people between 55 and pension age.  This difference in assessment is only likely to affect a small number of non-veteran partners who transfer to DVA as wife pensioners.  All other transferees are already of age pension age.

Guide to SSA Ref:  Chapter 27.020

Continued on next page


Income and asset differences, Continued

Shared Renters

Approximately 30 pensioners receiving age pension from DVA are affected by the new DSS “two-thirds” rule.  The new rules basically mean that for single people sharing accommodation, the amount of rent assistance is reduced to two-thirds of the previous maximum rate for single renters.

Generally, a person who is single, with no dependent children and who has the right to use at least one major area of accommodation (i.e. bathroom, kitchen, bedroom) in common with at least one other person is affected by the new rules.  Nursing home residents or those who pay board and lodging are not affected by the “two-thirds” rule.

Legislative Ref: section 5A SSA.

Rate Calculator: section 1064 SSA.


Delegations

Authorising pension rate variations

DVA staff will be delegated authority under the SSA to administer the payment of age pensions (DI C32/97, Section B - “Legislation” refers).

To ensure that decisions relating to age pension assessments are correctly authorised, the following action should be taken by the delegate on the Authority Form D2650:

Step

Action

1

Strike out the statement “Delegate/Repatriation Commission”

2

Write above it “Delegate/Secretary of Social Security”

3

Sign the authority form


Forms

Incorrect title for DSS claim form

DI C32/97 incorrectly referred to the DSS claim form as “Application for Pension (SA002)” (Section D - “New Claims” refers). The correct title of the SA002 form is “Claim for Pension”.

Forms to be provided by DSS

DI C32/97 listed a number of forms that DSS will provide to DVA (Section D - “New Claims” refers).  Included in the list were the Income and Assets Review forms, and Departure Certificates.  There will no longer be a need for DSS to provide us with these forms as:

  • we will use DVA Income and Asset Review forms for age pension purposes; and
  • Departure Certificates are now available via the Veterans' Affairs “Overseas' standard letter template (refer to Portability section, part 5, of this DI).

Re-ordering forms

Stocks of the following forms have been provided to the State Offices:

  • Claim for Pension form(SA002);
  • Pension Re-Claim form (SA002A);
  • the Social Security Appeals Tribunal pamphlet (TR 14.9501).; and
  • Authority for Release of Personal Information form (SS313).

Requests for additional stores should be directed via facsimile to:

Paul Fisher, Forms Unit

CENTRELINK

Fax Number:     02 6244 7999

Phone Number: 02 6244 6359

Note: when re-ordering, ensure that the correct form reference number is quoted, and that full details of the delivery address are provided (i.e. physical not postal).


Appeals to the Social Security Appeals Tribunal (SSAT)

Introduction

DI C32/97 outlined the procedures for handling appeals which have been directly lodged with the SSAT (Section F - “Appeals” refers).

SSAT appeals lodged at DVA offices

Where the pensioner lodges an application for review by the SSAT at a DVA office, the following action should be taken immediately upon receipt of the application for appeal.

Step

Action

1

Fax the application to the relevant SSAT office

2

Place application on file

3

Await SSAT's request for departmental statement or file papers.

Cross reference: for procedures when request is received from SSAT refer to DI C32/97, Section F -“Appeals”, block “Appeals lodged at SSAT”, Step/Action table.


SSAT offices

Offices of the SSAT

Listed below are the current SSAT Offices.  Please direct all applications, and inquiries to the Registrar, at the SSAT office responsible for the area where the appellant resides.

CITY

ADDRESS

PHONE NO

FAX NO

REGISTRAR

AREA

Adelaide

12 Floor, 45 Grenfell St

Adelaide 5000

(GPO Box 9943

Adelaide 5001)

08 8212 3526

08 8231 3144

Mr Brenton Summers

  • South Australia
  • Broken Hill area of NSW

Brisbane

5th Floor, 157 Ann St

Brisbane 4000

(GPO Box  9943

Brisbane, 4001)

07 3229 5005

07 3220 060

Vacant

  • Queensland
  • North-east coastal NSW including Lismore and Ballina areas

Canberra

5th Floor, Baillieu House

71 Northbourne Avenue

Braddon 2600

(GPO Box 9943,

Canberra City 2601)

02 6249 7964

02 6248 6303

Ms Lynne Benson Evans

  • Australian Capital Territory
  • Southern NSW and
  • Woodonga

Darwin

1st Floor, 80 Mitchell St

Darwin 0801

(GPO Box, 9943

Darwin, 0801)

08 8941 1528

08 894` 2641

Mr Colin McDonald

  • Northern Territory
  • Kimberley area of WA

Hobart

8th Floor, 188 Collins St

Hobart 7000

(GPO Box, 9943

Hobart, 7001)

03 6220 4757

03 6220 4307

Mr Ross Jeffrey

  • Tasmania

Melbourne

14th Floor, 628 Bourke St

Melbourne 3000

(GPO Box 9943,

Melbourne 3001)

03 9600 1005

03 96001165

03 9600 1170

Mr Mark Hester

  • All of Victoria except for Wodonga

Perth

9th Floor, 216 St Georges Tce, Perth 6000

(GPO Box 7047, Cloisters Square 6850)

08 9261 3360

08 9321 8944

Mr Barry Johnson

  • All of Western Australia except for Kimberely area

Sydney

11th Floor, 157 Liverpool St, Sydney 2000

(GPO Box 9943

Sydney, 2001)

02 9264 7888

02 9264 1784

Ms Amanda MacDonald

  • NSW except Broken Hill
  • North-east coast
  • ACT and surrounding area


Payment Master File

New codes in Pension Payments Codebook

DI C32/97 listed new pension codes which have been added to the Payment Master File for age pensioners (Section H - “Payment Master File” refers).

These codes were added to the Pension Payments Codebook of 25 September 1997.


Portability

Introduction

DI C32/97 stated that  “...generally a person's right to commence or to continue to be paid an age pension is not affected if they leave Australia, providing that they obtain a departure certificate” (Section C - “Portability” refers).

Portability package available

However, in some circumstances age pension is not portable, or only partially portable.  To assist DVA staff in determining portability arrangements for age pensioners, a “Portability Package” outlining procedures has been prepared. This is contained overleaf.

More info

More information: More information on portability and International Agreements is contained in the “Agreements Manual”, located on the LAN.

Cross Ref: instructions for accessing the “Agreements Manual” are in the  “OPAL- Additional Manuals” section of this instruction.

Portability package

The table below lists the parts contained in the pension portability package.

Part

Contents summary

1

questions you must ask the pensioner and/or partner before a determination re portability can be made

2

use this part if the pension is paid under a UK or NZ agreement, or the person is travelling to NZ

3

use this part to determine if pension is portable, and the rate payable

4

use this part to calculate the proportioned portability pension rate

5

what you must do to notify the pensioner about their portability arrangements

6

recording documentation

7

transfer of file to Tasmania State Office


Pension Portability Package

Part 1

Questions to ask pensioner and partner

What country are you going to?

Is your absence likely to be permanent?

Yes      /      No

What are your dates of departure and return?

From    /    /

To       /     /

Part 2

Paid under an Agreement with UK or NZ; &

Pensioners travelling to NZ

Country

Permanent Absence

Temporary Absence

Pension paid under UK or NZ agreement - travelling anywhere except to NZ

not portable

portable up to 12 months

All pensioners travelling to

New Zealand*

not portable

portable up to 26 weeks (age)

portable up to 4 weeks (wife)

  • Note: the same portability rules apply to all pensioners travelling to New Zealand, regardless of whether they are paid under an Agreement or not.

Part 3

Determine Portability & Rate

To work out the period of portability and the rate of pension payable, use the key below & the tables overleaf (also see part 2 above).

Key

1

Pension portable indefinitely; and

Rate not subject to proportionalisation (see Part 4).

2

Pension portable indefinitely; but

Rate subject to proportionalisation after again absent from Australia for a continuous period of 12 months (see Part 4).

3

Pension is portable indefinitely; but

Rate subject to proportionalisation after first 12 months continuous absence (see Part 4).

4

Pension is portable for only the first 12 months after departure from Australia.

Continued on next page


Pension Portability Package, Continued

    Age Pension

IF PENSIONER...

THEN...

granted pension before 02/07/86

was an Australian resident on 08/05/85

is going to an Agreement country

an Australian resident any time since 01/01/96

1

2

3

4

YES

N/A

N/A

N/A

?

NO

YES

NO

N/A

?

NO

YES

YES

NO

?

NO

YES

YES

YES

?

NO

NO

N/A

N/A

?

IF PENSIONER...

THEN...

has been an Australian resident for at least a total of 10 years at some time

1

2

3

4

YES

?

NO

?

Part 4

Calculate Proportional Portability Pension Rate

more information: OPAL Guide, Chapter 42.600

The proportional rate takes into account the pensioners potential working life.  That is, the total time the pensioner lived in Australia between the age of 16 and pension age-but not exceeding 25 years (expressed as 300 months).  This is known as Working Life Residence (WLR).

Your calculation

Months of Australian working life#

?

divided by 25 years

300

equals

=

multiplied by annual basic* pension rate

?

equals proportional pension rate

=

  • Where the pensioner is a member of a couple, the proportional rate is calculated on the higher pensioner's or their partner's Australian WLR
  • Basic pension rate is the amount of pension payable after the income and assets tests have been applied, including any Additional Family Payment, but excluding any Remote Area Allowance or Rent Assistance.

Continued on next page


Pension Portability Package, Continued

Part 5

Notify the pensioner

IF pension is...

THEN advise pensioner using “Overseas” standard letter template...

portable

  • PORTABLE; and
  • DEP CERTIFICATE

not portable

  • NOT PORTABLE- NZ; or
  • NOT PORTABLE

Part 6

File important documents

You must place copies of the following documents, together, on file:

  • Standard letter sent to pensioner (from Part 5 above)
  • Fully completed Departure Certificate issued to pensioner (see Part 5 above)
  • This entire checklist, fully completed

Part 7

Transfer file to TAS SO

Transfer the file to TAS SO only if the pensioner:

  • is leaving Australia permanently: or
  • will be away for >12 months.

Agreement Countries (required for part 3 tables)

  • Austria
  • Canada
  • Cyprus
  • Netherlands

  • Ireland
  • Italy
  • Malta
  • Spain

  • New Zealand (see part 2)

  • Great Britain & Northern Ireland (UK) (see part 2)


PCC vouchers

Issue PCC on transfer in

Clients transferring to DVA from Centrelink after 26 March 1998, will be issued with a new DVA Pensioner Concession Card.  The transfer in advice will advise them to destroy their old Centrelink PCC, when their new DVA one arrives.

Cancel vouchers on transfer-in

The vouchers issued with the new PCC should be issued intact, but with no personal information printed on them.  The vouchers are to be suppressed, and have the word ‘CANCELLED' printed clearly in large black lettering on each voucher.

Rationale

Vouchers are provided with the first PCC issued to a client for the calendar year.  The rationale behind cancelling vouchers is that the vouchers already issued with the Centrelink PCC are still valid.  The transfer in advice will advise the client that the Centrelink vouchers may still be used.