Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 (122 of 2003)

Schedule 6   Reducing portability period

Social Security Act 1991

15   Before section 1218

Insert:

1218AA Extended portability period for disability support pension

(1) The Secretary may determine that a particular person's maximum portability period for disability support pension is an unlimited period, if all of the following circumstances (the qualifying circumstances ) exist:

(a) the person is severely disabled (see subsection 23(4B)); and

(b) the person is receiving disability support pension; and

(c) the person is terminally ill; and

(d) the person's absence from Australia is or will be permanent; and

(e) the purpose of the person's absence is:

(i) to be with or near a family member of the person (see subsection 23(14)); or

(ii) to return to the person's country of origin.

(2) The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

(3) If the Secretary revokes the determination, this Part has effect after the first time at which one of the qualifying circumstances does not exist as if the person's maximum portability period for the pension were 13 weeks starting at that time.