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Without an Agreement, SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave within 2 years, will no longer be entitled to that benefit.
The Agreement effectively overcomes this restriction for former residents who return to Australia and claim a benefit under the Agreement and subsequently leave Australia within 24 months to live in Cyprus, or a third country (10.12.9.30).
Autonomous pensioners can transfer to a benefit paid under the Agreement with Cyprus to maintain qualification and portability if they travel to Cyprus.
In both cases, the Agreement will determine the rate payable.
Act reference: SS(IntAgree)Act Schedule 11 Cyprus
SSAct section 1220(1) No portability when claim based on short residence
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Last reviewed: 11 August 2011
