Section 1220 — Social Security Act 1991: No portability where claim based on short residence

(1) If: (a) a person is an Australian resident; and (b) the person ceases to be an Australian resident; and (c) the person again becomes an Australian resident; and (d) within the period of 2 years after the person again becomes an Australian resident, the person is granted, or is transferred to: (i) an age pension; or (ii) a disability support pension; and (e) after the pension is granted, or the person is transferred to the pension, but before the end of that period of 2 years, the person leaves Australia; and (f) financial assistance is not payable in respect of the person’s absence from Australia under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953; a pension based on that claim is not payable to the person during any period during which the person is outside Australia. (2) If: (a) a person resides in an area that is, at the time of residence, an external Territory; and (b) the person has never before resided in Australia; and (c) the person then arrives in Australia; and (d) within the period of 2 years after the person arrives in Australia, the person is granted, or is transferred to: (i) an age pension; or (ii) a disability support pension; and (e) after the pension is granted, or the person is transferred to the pension, but before the end of that period of 2 years, the person leaves Australia; and (f) financial assistance is not payable in respect of the person’s absence from Australia under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953; a pension based on that claim is not payable to the person during any period during which the person is outside Australia. (4) For the purposes of the application of this section in relation to a particular social security payment, a person who has a qualifying residence exemption for that payment is taken: (a) to be an Australian resident; or (b) to reside in an area that is, at the time of residence, an external Territory; as the context requires.