Section 1217 — Social Security Act 1991: Meaning of maximum portability period, allowable absence and portability period

Meaning of maximum portability period (1) The person’s maximum portability period for the payment is the period referred to in column 5 of the table at the end of this section (the table) that is applicable to: (a) the payment (as specified in column 2 of the table); and (b) the class of persons to which the person belongs (as specified in column 3 of the table). Meaning of allowable absence (2) The person’s absence is an allowable absence in relation to the payment at a particular time if, at that time: (a) it is an absence specified in column 4 of the item in the table at the end of this section that is applicable to the payment and the person; and (b) except where an unlimited absence is specified in column 5 of the item or a provision of Subdivision B applies, the absence does not: (i) exceed the period specified in column 5 of that item; or (ii) in the case of item 2—cause the total number of days (whether consecutive or not) of the person’s temporary absence from Australia in the last 12 months to exceed 28, ignoring days in accordance with that item. Meaning of portability period if unlimited maximum portability period (3) If the person’s maximum portability period for the payment is an unlimited period, the person’s portability period for the payment, in relation to the period of absence, is an unlimited period beginning at the commencement of the period of absence. Meaning of portability period if maximum portability period limited (4) If the person’s maximum portability period for the payment is not an unlimited period, the person’s portability period for the payment, in relation to the period of absence, is the period: (a) beginning at the commencement of the period of absence; and (b) ending at the earlier of the following times: (i) the first time during the period of absence at which the absence is not an allowable absence in relation to the payment; (ii) the end of the period that is the person’s maximum portability period for the payment. Note: People will be required (under the Social Security (Administration) Act 1999) to notify changes in circumstance. Portability of social security payments Column 1 Column 2 Column 3 Column 4 Column 5 Item Payment Person Absence Maximum portability period 1 Age pension All persons Any absence Unlimited period 2 Disability support pension Australian resident disability support pensioner Any temporary absence, except for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose A total of 28 days (whether consecutive or not) of temporary absence from Australia for any purpose in the last 12 months, ignoring days on which the person was not receiving disability support pension (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D) 2AA Disability support pension Australian resident disability support pensioner Temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose 4 weeks (but see also sections 1218AAA, 1218AA, 1218AB, 1218, 1218C and 1218D) 2A Disability support pension Severely impaired disability support pensioner Any absence Unlimited period 3 Disability support pension Terminally ill overseas disability support pensioner Any absence Unlimited period 6 Carer payment All persons Any temporary absence 6 weeks (but see also section 1218) 11 Parenting payment All persons Any temporary absence 6 weeks (but see also sections 1218 and 1218B) 12 Youth allowance Person other than person undertaking full-time study A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose. 6 weeks (but see also section 1218BA) 13 Youth allowance Person undertaking full-time study A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis 6 weeks (but see also section 1218) 14 Austudy payment All persons A temporary absence for either of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis 6 weeks (but see also sections 1218 and 1218BA) 15 Jobseeker payment All persons A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose. 6 weeks 19 Special benefit All persons A temporary absence for any of the following purposes: (a) to seek eligible medical treatment; (b) to attend to an acute family crisis; (c) for a humanitarian purpose. 6 weeks 21 Carer allowance All persons Any temporary absence 6 weeks 22 Mobility allowance All persons Any temporary absence 6 weeks 23 Telephone allowance All persons Any temporary absence 6 weeks