SSAct section 1220(1) provides that former residents who return to Australia, are granted a benefit, then subsequently leave within 24 months, will no longer be entitled to that benefit. Article 13 of the Agreement specifically provides that this does not apply to people receiving payments under the Agreement with Malta.
Accordingly, former residents who return to Australia and claim a benefit under the Agreement can subsequently leave Australia within 24 months and retain entitlement to that benefit.
Autonomous pensioners can transfer to a benefit under this Agreement in order to maintain qualification and portability provided they travel to Malta.
In both these cases the Agreement will determine the rate payable.
Act reference: SS(IntAgree)Act Schedule 6 Malta
SSAct section 1220(1) No portability when claim based on short residence
Last reviewed: 21 March 2011