Section 128A — Social Security Act 1991: Saving of certain pensions payable under 1986 Agreement between Australia and Italy

(1) In this clause: 1986 Agreement means the agreement made between the Government of Australia and the Government of the Republic of Italy on 23 April 1986. (2) This subclause applies to a person if: (a) the person has become qualified to receive a disability support pension because of the 1986 Agreement; and (b) the person became qualified to receive the pension because he or she became unable to work or became permanently blind, as the case may be, while he or she was in Australia or was temporarily absent from Australia. (3) Subject to subclause (4), this subclause applies to a person if: (a) on 8 May 1985, the person was either: (i) an Australian resident; or (ii) an absent resident within the meaning of the 1986 Agreement; and (b) the person left Australia before 1 January 1996; and (c) while absent from Australia, the person became eligible to receive a social security payment by virtue of the 1986 Agreement; and (d) the person commenced to receive that social security payment before 1 January 1996; and (e) immediately before 1 October 2000, the rate at which that social security payment was payable was worked out under subparagraph 1(b) of Article 8 of the 1986 Agreement; and (f) the person has not returned to Australia on or after 1 October 2000 for a continuous period of 26 weeks. (4) Subclause (3) ceases to apply to a person if the rate at which the social security payment would be payable to the person apart from this clause exceeds the rate at which the social security payment is payable to the person as a person to whom subclause (3) applies. (5) In spite of any other provision of the social security law relating to the rate at which a disability support pension is payable, the rate at which such a pension is payable to a person to whom subclause (2) applies is the rate at which the pension would be payable to the person if: (a) the person were an Australian resident; and (b) the person were not entitled to have included in the rate of the pension: (i) any amount representing: (A) pharmaceutical allowance; or (B) remote area allowance; or (C) rent assistance; or (ii) any amount similar to the amounts referred to in subparagraph (i). (6) In spite of any other provision of the social security law relating to the rate at which a social security payment is payable, the rate at which such a payment is payable to a person to whom subclause (3) applies is the rate worked out according to subparagraph 1(b) of Article 8 of the 1986 Agreement.