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Generally, benefits paid under the Agreement are portable indefinitely when the person travels between Australia and Austria. This means people being paid benefits under the Agreement can travel between Australia and Austria without the time restrictions that may apply to autonomous pensioners.
Note: From 1 January 2012 the Second Protocol changes the portability period for people who are in receipt of DSP under the Agreement who are not severely disabled. Previously they could travel to Austria and be paid for periods of up to 26 weeks. This has been amended to 13 weeks. If they then leave for a third country, payability is limited to 6 weeks or balance of their 13 week period, which ever is the lesser.
People paid under the Agreement who reside in Australia and travel to Austria temporarily will continue to have their rate calculated using the comparison rate in 10.11.8.50 after the first 26 weeks. If they are still temporarily absent after 26 weeks they will be paid the proportional rate.
People paid under the Agreement who leave Australia permanently for Austria will have their rate calculated using the outside Australia rate in 10.11.8.20 immediately they leave Australia.
Temporary or permanent arrivals to Australia who rely on the Agreement are paid under the comparison provision of paragraph 5 of Article 7, which allows them to receive the higher of the inside Australia or outside Australia (proportional) rates - see 10.11.8.50.
Act reference: SS(IntAgree)Act Schedule 10 Austria
Policy reference: SS Guide 10.11.8.20 Outside Australia Rate - Agreement with Austria, 10.11.8.50 Inside Australia Rate - Agreement with Austria
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Last reviewed: 2 January 2013
