3.7.2 Requirement to Claim a Comparable Foreign Pension (CFP)

Last amended: 3 August 2010

Requirement to claim comparable foreign pension - new claimants

Persons who claim a service pension or income support supplement and their partners are required to undertake reasonable action to claim any entitlement for a comparable foreign pension.

If a person or their partner fails to comply with a request to take reasonable action to claim an entitlement for a comparable foreign pension, the Commission may reject that person's claim for pension.

Requirement to claim comparable foreign pension - existing recipients

The Secretary has the authority to require a person to whom a service pension or income support supplement is already being paid or their partner to take reasonable action to obtain a comparable foreign pension.  If a person or their partner fails to comply with such a request, the Commission may cancel or suspend that person's service pension or income support supplement.

Imposing requirement to claim on existing recipients

The requirement to claim a comparable foreign pension must be imposed on an existing income support recipient through issue of a notice in writing to the person. The notice must specify the time frame in which reasonable action must be taken.

Specifying time frame for reasonable action

It may take 3 - 6 months for overseas authorities to process a pension claim.  Therefore, imposing any time frame of less than 3 months on a claimant would be unreasonable.

Exemption from requirement to claim a comparable foreign pension

A pensioner is not required to pursue a claim for a foreign pension if there is a risk of danger to the pensioner or their family, such as may occur if the pensioner has former refugee [4] status.