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3.4.1.10 Qualification for Age

Qualification (1.1.Q.10) criteria

To qualify for Age, a claimant must meet the criteria listed in the following table, or the alternative criteria for women that are explained later in this topic. If more detail about a criterion is required, the second column indicates where you will find this.

Criterion

More Detail

Have reached pension age (section 23(1), section 23(5A), section 23(5B), section 23(5C), section 23(5D)),

This topic.

AND meet ONE of the following

Have 10 years qualifying Australian residence (section 7(5)), OR

This topic.

Have a QRE for Age, OR

This topic.

Have been receiving WidB, WA, MAA, or PA immediately before reaching pension age, OR

SS Guide 7.1.1.20 Summary of Portability under International Social Security Agreements

 

If the payments were received because of an international agreement, Age is also paid under the provisions of the agreement.

Have reached pension age before 20 March 1997, and were receiving WidB, WA or PA immediately before 20 March 1997, OR

This topic.

Be a woman who:

- was widowed while living permanently in Australia with her partner, AND

- has lived in Australia for the 104 weeks immediately prior to claiming.

SSAct section 43(1A)(c) Both partners must be Australian residents at time of partner's death

 

Act reference: SSAct (section 23(1) General definitions, section 23(5A) Pension age, section 23(5B) A woman born before 1 July 1935 reaches pension age when she turns 60, section 23(5C) A woman born within the period specified in column 2 of..., section 23(5D) A woman born during the period specified in column 2 of..., section 7(5) A person has 10 years qualifying Australian residence if..., section 43(1A)(c) both the woman and her partner were...

 

Pension age for women born before 1 July 1952

Women qualify for Age at different ages, depending on their date of birth. From 1 July 1995, the minimum age for women to qualify for Age began to increase by 6 months every 2 years. From 1 July 2013 until 30 June 2017, the minimum qualifying age for women will be 65, making it the same as for men. The qualifying age for women is set out is section 23(5B) (for women born before 1 July 1935) and the table in section 23(5C) (for women born from 1 July 1935 to 31 December 1948). The table below shows pension age by date of birth and the effective date of the change.

Date

Affects women born (both dates inclusive)

Pension age

 

Before 01/07/1935

60 years

01/07/1995

From 01/07/1935 to 31/12/1936

60 years and 6 months

01/07/1997

From 01/01/1937 to 30/06/1938

61 years

01/07/1999

From 01/07/1938 to 31/12/1939

61 years and 6 months

01/07/2001

From 01/01/1940 to 30/06/1941

62 years

01/07/2003

From 01/07/1941 to 31/12/1942

62 years and 6 months

01/07/2005

From 01/01/1943 to 30/06/1944

63 years

01/07/2007

From 01/07/1944 to 31/12/1945

63 years and 6 months

01/07/2009

From 01/01/1946 to 30/06/1947

64 years

01/07/2011

From 01/07/1947 to 31/12/1948

64 years and 6 months

01/07/2013

From 01/01/1949 to 30/06/1952

65 years

 

Example: For a woman born on 31 December 1939, the earliest date from which she could qualify for age pension would be 1 July 2001. This is her date of birth plus 61.5 years.

 

Act reference: SSAct section 23(5B) A woman born before 1 July 1935 reaches pension age when she turns 60, section 23(5C) A woman born within the period specified, section 23(5D) A woman born on or after 1 January 1949...

 

Pension age for men born before 1 July 1952

Men born before 1 July 1952 qualify for Age at 65.

 

Act reference: SSAct section 23(5A) Pension age for men

 

Pension age for both men & women born on or after 1 July 1952

From 1 July 2017, the minimum age for both men and women to qualify for Age will begin to further increase. For men and women born on or after 1 July 1952 the pension age will progressively increase by 6 months every 2 years until it reaches 67 on 1 July 2023. The table below shows pension age by date of birth and the effective date of the change.

Date

Affects men & women born (both dates inclusive)

Pension age

01/07/2017

01/07/1952 to 31/12/1953

65 years and 6 months

01/07/2019

01/01/1954 to 30/06/1955

66 years

01/07/2021

01/07/1955 to 31/12/1956

66 years and 6 months

01/07/2023

On or after 01/01/1957

67 years

 

Example: For a person born on 31 October 1953, the earliest date from which they could qualify for age pension would be 1 May 2019. This is their date of birth plus 65.5 years.

 

Act reference: SSAct section 23(5A) Pension age for men, section 23(5D) A woman born on or after 1 January 1949...

 

Pension age where there is no corresponding day in 6 months

Where a person claiming Age is born on a day for which there is no corresponding day in the month 6 months later, they will reach pension age on the first day of the following month. This occurs for people born on:

  • 31 March - 6 months attained on 1 October,
  • 31 May - 6 months attained on 1 December,
  • 29 August - 6 months attained on 29 February in leap years and 1 March in other years,
  • 30 and 31 August - 6 months attained on 1 March,
  • 31 October - 6 months attained on 1 May, and
  • 31 December - 6 months attained on 1 July.

 

This is in line with section 22 of the Acts Interpretation Act 1901.

 

Age verification

Delegates should ensure that claimants applying for Age present verifiable evidence of their date of birth.

 

Policy reference: SS Guide 2.2.2 Verifying Personal Details

 

Australian residence

It may also be possible for the claimant to qualify for Age under the terms of an international agreement (1.1.A.120). The international agreements are found in the SS(IntAgree)Act. The requirement to be an Australian resident (section 7(2)) does NOT apply to claimants relying on international agreements.

 

Act reference: SSAct section 7 Australian residence definitions, section 43(1) Qualification for age pension, section 7(2) An Australian resident is a person who...

Policy reference: SS Guide Part 7 Portability & CFP, Part 10 Australian Social Security Agreements

 

10 years qualifying residence

Ten years qualifying residence is satisfied if the claimant has:

  • been an Australian resident continuously for at least 10 years at any point in the past, OR
  • been an Australian resident for 2 or more periods that in total exceed 10 years, AND
  • at least one of those periods is of 5 years duration or more.

 

Act reference: SSAct section 7 Australian residence definitions, section 43(1)(a) Qualification for age pension

 

Qualifying residence exemption

A person has a QRE for Age if they reside in Australia AND is either a refugee or a former refugee.

 

Act reference: SSAct section 7 Australian residence definitions, section 43(1)(b) Qualification for age pension

 

Proper claim

A claimant must make a proper claim before Age can be granted.

 

A person receiving DSP, WP, CP, PP, BVA, WidB, WA, MAA or PA MAY BE transferred to Age without the need for a claim.

 

Act reference: SS(Admin)Act section 11 General rule, section 12 Deemed claim in certain cases, section 16 How to make a claim

Policy reference: SS Guide 8.1.1 Claim Lodgement Provisions, 8.2.1 Transfers

 

Possible entitlement to PBS

Where an Age claimant is over the qualifying age and has continued to work, they may be eligible to register for the PBS. Claimants should be told that they may be entitled to register for the PBS and offered the opportunity to do so, before the Age claim is determined.

Explanation: In certain situations, the date of registration may be backdated, which means that where the claimant has worked for at least a year after reaching pension age and meets the work test, they may be entitled to a PBS payment.

 

A claimant cannot receive a payment under the PBS if they receive an income support payment, including Age, after reaching age pension age.

 

Registration in the PBS is limited to those who qualified for Age before 20 September 2009.

 

Who can register

An Australian resident who has qualified for Age before 20 September 2009 can register, i.e. be of pension age and have 10 years residency. Australian residents who could use a reciprocal agreement to satisfy residency requirements may also register. However, payment of a bonus cannot be made until the person satisfies 10 years residency WITHOUT using a reciprocal agreement.

 

Act reference: SSAct section 43 Qualification for age pension, section 92H(8) Date of qualification for the age pension

Policy reference: SS Guide 3.4.7.10 Qualification for PBS, 3.4.7.20 Registration for PBS, 3.4.7.60 PBS Work Test

 

Alternative qualification for some women

A woman who doesn't meet the general qualifications can qualify for Age under subsection 43(1A) of the SSAct. The woman can qualify under these provisions, if:

  • she has reached pension age, AND
  • her partner has died, AND
  • both the woman and her partner were Australian residents when her partner died, AND
  • the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for Age.

 

A woman who qualifies for Age under these provisions remains qualified if she re-partners. That is, the woman is NOT required to remain a widow to retain qualification for Age.

 

If the woman cannot qualify under this provision, she MAY qualify for WA.

 

Policy reference: SS Guide 3.4.3.10 Qualification for WA

 

Carer payment

People who provide constant care for an adult and/or child with a disability may wish to claim or continue to receive CP instead of Age. This would give them access to bereavement payments if the person they are caring for dies and that person was single or had a non-income support partner. Applicants should be advised of the possible advantages and disadvantages of being on CP rather than Age or other payments.

 

Policy reference: SS Guide 3.6.4.10 Qualification for CP

 

Members of a couple (1.1.M.120)

If a couple is living together and the partner requires income support, they should be invited to claim an income support payment if they have not already done so.

Explanation: This is to avoid possible incorrect payments.

Example: If the partner does not wish to apply, do they have other means of financial support that may not have been disclosed?

 

Comparable foreign payment (1.1.C.230)

A person claiming Age while they or their partner would be entitled to a CFP, may be required to take reasonable action to obtain the foreign payment. If they fail to take reasonable action to obtain the CFP within the specified period, their claim can be rejected.

 

Act reference: SS(Admin)Act section 66 Notice to obtain foreign payment, section 40 Rejection of claim for failure to obtain foreign payment

Policy reference: SS Guide 7.3.1.20 Reasonable Action Requirements

_______________________________________________________

Last reviewed: 4 January 2010


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Last Edited: 29/05/2012 5:59:47 PM


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