Social Services and Other Legislation Amendment Act 2014 (14 of 2014)

Schedule 4   Period of Australian working life residence

Social Security Act 1991

6   Application of amendments

(1) Subject to this item, the amendments made by items 1 to 5 apply in relation to periods of absence from Australia starting on or after 1 July 2014.

Presence in Australia immediately before 1 July 2014

(2) If:

(a) immediately before 1 July 2014 a person was receiving a pension referred to in section 1220A, 1220B or 1221 of the Social Security Act 1991; and

(b) immediately before 1 July 2014 the person was in Australia but was not residing in Australia; and

(c) the person leaves Australia on a day (the departure day ) that is before the end of the period of 26 weeks beginning on 1 July 2014; and

(d) on the departure day the person is receiving that pension;

then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person's period of absence from Australia starting on the departure day.

(3) If:

(a) because of subitem (2), the amendments made by items 1 to 5 did not apply in relation to the person's period of absence from Australia starting on the departure day; and

(b) after the departure day the person returns to Australia; and

(c) immediately before returning to Australia the person is receiving that pension; and

(d) the person leaves Australia on a day (the relevant day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and

(e) on the relevant day the person is receiving that pension;

then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person's period of absence from Australia starting on the relevant day.

Presence outside Australia immediately before 1 July 2014

(4) If:

(a) immediately before 1 July 2014 a person was outside Australia and was receiving a pension referred to in section 1220A, 1220B or 1221 of the Social Security Act 1991; and

(b) on or after 1 July 2014 the person returns to Australia; and

(c) immediately before returning to Australia the person is receiving that pension; and

(d) the person leaves Australia on a day (the departure day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and

(e) on the departure day the person is receiving that pension;

then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person's period of absence from Australia starting on the departure day.

General rule

(5) If none of subitems (2) to (4) have the effect that the amendments made by items 1 to 5 do not apply in relation to a person's period of absence from Australia starting on or after 1 July 2014, then, despite subitems (2) to (4), the amendments made by items 1 to 5 apply in relation to any other period of absence from Australia of the person starting on or after that day.