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SSAct section 1220(1) provides that former residents who return to Australia, who are granted a pension, then subsequently leave within 24 months, will no longer be entitled to that pension.
The Agreement effectively overcomes this restriction for former residents who return to Australia and claim a pension and subsequently leave Australia within 24 months to live in Chile. However, in these circumstances, the pension is paid under the outside Australia rate in 10.16.8.20 of the Agreement as soon as the person leaves Australia.
Act reference: SS (IntAgree)Act Schedule 15 Chile
SSAct section 1220(1) No portability where claim based on short residence
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Last reviewed: 30 April 2012
