{"id":"C2004A00564","name":"Social Security (International Agreements) Act 1999","slug":"social-security-international-agreements-act-1999","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"173 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38566,"registerId":"commonwealth-C2004A00564-1775056563484","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Social Security (International Agreements) Act 1999.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Act commences on 20 March 2000.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Social security law","content":"#### 4 Social security law\n\n This Act forms part of the social security law.","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Norfolk Island","content":"#### 4A Norfolk Island\n\n This Act extends to Norfolk Island.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"International social security agreements","content":"## Part 2—International social security agreements","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Scheduled international social security agreements","content":"#### 5 Scheduled international social security agreements\n\n (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:\n (a) the agreement is between Australia and another country; and\n (b) the agreement relates to reciprocity in social security or superannuation matters; and\n (c) the text of the agreement is set out in a Schedule to this Act.\n (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Overriding of social security law by scheduled international social security agreements","content":"#### 6 Overriding of social security law by scheduled international social security agreements\n\n (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law.\n (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.\n (3) If:\n (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and\n (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;\n the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Amendment of Schedules by regulations","content":"#### 7 Amendment of Schedules by regulations\n\n (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.\n (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Addition of new scheduled international social security agreements","content":"#### 8 Addition of new scheduled international social security agreements\n\n (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.\n (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Repeal of Schedule","content":"#### 9 Repeal of Schedule\n\n The regulations may repeal a Schedule to this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Parenting payment claimed under agreement","content":"#### 10 Parenting payment claimed under agreement\n\n (1) If:\n (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and\n (b) the person, while outside Australia, lodges a claim for parenting payment; and\n (c) the person is not a member of a couple; and\n (d) the person would qualify for parenting payment if the following provisions had not been enacted:\n (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991;\n (ii) subparagraph 500(1)(d)(ii) of that Act;\n (iii) subsection 5(21), (23) or (24) of that Act;\n then:\n (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and\n (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n (2) If:\n (a) a person who is in Australia lodges a claim for parenting payment; and\n (b) the person is not a member of a couple; and\n (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;\n then:\n (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and\n (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Portability of international agreement pension or allowance","content":"#### 11 Portability of international agreement pension or allowance\n\n A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Rate of pension or allowance payable under agreement where rate to be determined under law of Australia","content":"#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia\n\n (1) If:\n (a) a social security payment is payable to a person under a scheduled international social security agreement; and\n (b) the person is outside Australia; and\n (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;\n the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.\n (2) A reference in the agreement to a person’s period of residence in Australia is to be taken to be a reference to the period of the person’s Australian working life residence for the purposes of this Act.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Calculation of international agreement portability rates","content":"An Act to give effect to international social security agreements, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Social Security (International Agreements) Act 1999.\n\n#### 2 Commencement\n\n This Act commences on 20 March 2000.\n\n#### 3 Interpretation\n\n Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991.\n\n#### 4 Social security law\n\n This Act forms part of the social security law.\n\n#### 4A Norfolk Island\n\n This Act extends to Norfolk Island.\n\n## Part 2—International social security agreements\n\n#### 5 Scheduled international social security agreements\n\n (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:\n (a) the agreement is between Australia and another country; and\n (b) the agreement relates to reciprocity in social security or superannuation matters; and\n (c) the text of the agreement is set out in a Schedule to this Act.\n (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.\n\n#### 6 Overriding of social security law by scheduled international social security agreements\n\n (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law.\n (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.\n (3) If:\n (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and\n (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;\n the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).\n\n#### 7 Amendment of Schedules by regulations\n\n (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.\n (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.\n\n#### 8 Addition of new scheduled international social security agreements\n\n (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.\n (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.\n\n#### 9 Repeal of Schedule\n\n The regulations may repeal a Schedule to this Act.\n\n#### 10 Parenting payment claimed under agreement\n\n (1) If:\n (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and\n (b) the person, while outside Australia, lodges a claim for parenting payment; and\n (c) the person is not a member of a couple; and\n (d) the person would qualify for parenting payment if the following provisions had not been enacted:\n (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991;\n (ii) subparagraph 500(1)(d)(ii) of that Act;\n (iii) subsection 5(21), (23) or (24) of that Act;\n then:\n (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and\n (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n (2) If:\n (a) a person who is in Australia lodges a claim for parenting payment; and\n (b) the person is not a member of a couple; and\n (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;\n then:\n (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and\n (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n\n#### 11 Portability of international agreement pension or allowance\n\n A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia.\n\n#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia\n\n (1) If:\n (a) a social security payment is payable to a person under a scheduled international social security agreement; and\n (b) the person is outside Australia; and\n (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;\n the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.\n (2) A reference in the agreement to a person’s period of residence in Australia is to be taken to be a reference to the period of the person’s Australian working life residence for the purposes of this Act.\n\n## Part 3—Calculation of international agreement portability rates\n\n### Division 1—Overall rate calculation process\n\n#### 13 Overall calculation process\n\n (1) A person’s international agreement portability rate is worked out as follows:\n (a) the period of the person’s Australian working life residence in Australia (the residence period) is worked out according to Division 2;\n (b) the person’s residence factor is worked out according to Division 3;\n (c) the person’s notional agreement pension rate is worked out by calculating the rate that would be the person’s social security payment rate if this section did not apply to the person but taking into account section 14;\n (d) if the person’s notional agreement pension rate is nil, the international agreement portability rate is also nil;\n (e) if the person’s notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person’s notional agreement pension rate. This new amount is the person’s total notional rate;\n (f) multiply the person’s total notional rate by the person’s residence factor: the result is the person’s international agreement portability rate.\n (2) If a person’s international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person’s notional agreement pension rate under that subsection if the person had a residence factor of 1, the person’s international agreement portability rate is the rate that equals the notional rate.\n\n#### 14 Amounts to be treated as income\n\n (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part.\n (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part.\n\n#### 14A Additional child amounts\n\n For the purpose of the step in the calculation of a person’s international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner.\n\n```html\n

Additional child amounts

Item

Family situation

Additional child amount

1

For each dependent child under 13 years of age

$1,957.80

2

For each dependent child who has reached 13, but is under 16, years of age

$2,732.60

3

For a person without a partner

$962.00

\n```\n\n> Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991).\n\n### Division 2—Australian working life residence\n\n#### 15 Working life\n\n For the purposes of this Division, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.\n\n#### 16 Australian working life residence generally\n\n Subject to sections 17 and 21, a person’s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.\n\n#### 17 Calculation of period of residence\n\n (1) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.\n (2) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.\n\n#### 21 Australian working life residence: recipient of pension PP (single)\n\n If:\n (a) a person is receiving a pension PP (single); and\n (b) the person became qualified for the pension because the person’s former partner died; and\n (c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would now be the person’s period of Australian working life residence under section 17;\n the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).\n\n### Division 3—Residence factor\n\n#### 23 Residence factor: Australian working life residence of 35 years or more\n\n If a person’s period of Australian working life residence is 420 months (35 years) or more, the person’s residence factor is 1.\n\n#### 24 Residence factor: Australian working life residence of less than 35 years\n\n If a person’s period of Australian working life residence is less than 420 months (35 years), the person’s residence factor is the fraction represented by:\n ![Start formula start fraction Person's period of Australian working life residence over 420 end fraction end formula](image.002.png)\n\n## Part 4—Regulations\n\n#### 25 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"Division 1","sectionType":"division","heading":"Overall rate calculation process","content":"An Act to give effect to international social security agreements, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Social Security (International Agreements) Act 1999.\n\n#### 2 Commencement\n\n This Act commences on 20 March 2000.\n\n#### 3 Interpretation\n\n Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991.\n\n#### 4 Social security law\n\n This Act forms part of the social security law.\n\n#### 4A Norfolk Island\n\n This Act extends to Norfolk Island.\n\n## Part 2—International social security agreements\n\n#### 5 Scheduled international social security agreements\n\n (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:\n (a) the agreement is between Australia and another country; and\n (b) the agreement relates to reciprocity in social security or superannuation matters; and\n (c) the text of the agreement is set out in a Schedule to this Act.\n (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.\n\n#### 6 Overriding of social security law by scheduled international social security agreements\n\n (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law.\n (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.\n (3) If:\n (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and\n (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;\n the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).\n\n#### 7 Amendment of Schedules by regulations\n\n (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.\n (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.\n\n#### 8 Addition of new scheduled international social security agreements\n\n (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.\n (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.\n\n#### 9 Repeal of Schedule\n\n The regulations may repeal a Schedule to this Act.\n\n#### 10 Parenting payment claimed under agreement\n\n (1) If:\n (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and\n (b) the person, while outside Australia, lodges a claim for parenting payment; and\n (c) the person is not a member of a couple; and\n (d) the person would qualify for parenting payment if the following provisions had not been enacted:\n (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991;\n (ii) subparagraph 500(1)(d)(ii) of that Act;\n (iii) subsection 5(21), (23) or (24) of that Act;\n then:\n (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and\n (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n (2) If:\n (a) a person who is in Australia lodges a claim for parenting payment; and\n (b) the person is not a member of a couple; and\n (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;\n then:\n (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and\n (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n\n#### 11 Portability of international agreement pension or allowance\n\n A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia.\n\n#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia\n\n (1) If:\n (a) a social security payment is payable to a person under a scheduled international social security agreement; and\n (b) the person is outside Australia; and\n (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;\n the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.\n (2) A reference in the agreement to a person’s period of residence in Australia is to be taken to be a reference to the period of the person’s Australian working life residence for the purposes of this Act.\n\n## Part 3—Calculation of international agreement portability rates\n\n### Division 1—Overall rate calculation process\n\n#### 13 Overall calculation process\n\n (1) A person’s international agreement portability rate is worked out as follows:\n (a) the period of the person’s Australian working life residence in Australia (the residence period) is worked out according to Division 2;\n (b) the person’s residence factor is worked out according to Division 3;\n (c) the person’s notional agreement pension rate is worked out by calculating the rate that would be the person’s social security payment rate if this section did not apply to the person but taking into account section 14;\n (d) if the person’s notional agreement pension rate is nil, the international agreement portability rate is also nil;\n (e) if the person’s notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person’s notional agreement pension rate. This new amount is the person’s total notional rate;\n (f) multiply the person’s total notional rate by the person’s residence factor: the result is the person’s international agreement portability rate.\n (2) If a person’s international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person’s notional agreement pension rate under that subsection if the person had a residence factor of 1, the person’s international agreement portability rate is the rate that equals the notional rate.\n\n#### 14 Amounts to be treated as income\n\n (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part.\n (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part.\n\n#### 14A Additional child amounts\n\n For the purpose of the step in the calculation of a person’s international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner.\n\n```html\n

Additional child amounts

Item

Family situation

Additional child amount

1

For each dependent child under 13 years of age

$1,957.80

2

For each dependent child who has reached 13, but is under 16, years of age

$2,732.60

3

For a person without a partner

$962.00

\n```\n\n> Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991).\n\n### Division 2—Australian working life residence\n\n#### 15 Working life\n\n For the purposes of this Division, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.\n\n#### 16 Australian working life residence generally\n\n Subject to sections 17 and 21, a person’s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.\n\n#### 17 Calculation of period of residence\n\n (1) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.\n (2) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.\n\n#### 21 Australian working life residence: recipient of pension PP (single)\n\n If:\n (a) a person is receiving a pension PP (single); and\n (b) the person became qualified for the pension because the person’s former partner died; and\n (c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would now be the person’s period of Australian working life residence under section 17;\n the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).\n\n### Division 3—Residence factor\n\n#### 23 Residence factor: Australian working life residence of 35 years or more\n\n If a person’s period of Australian working life residence is 420 months (35 years) or more, the person’s residence factor is 1.\n\n#### 24 Residence factor: Australian working life residence of less than 35 years\n\n If a person’s period of Australian working life residence is less than 420 months (35 years), the person’s residence factor is the fraction represented by:\n ![Start formula start fraction Person's period of Australian working life residence over 420 end fraction end formula](image.002.png)\n\n## Part 4—Regulations\n\n#### 25 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient for carrying out or giving effect to this Act.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Overall calculation process","content":"#### 13 Overall calculation process\n\n (1) A person’s international agreement portability rate is worked out as follows:\n (a) the period of the person’s Australian working life residence in Australia (the residence period) is worked out according to Division 2;\n (b) the person’s residence factor is worked out according to Division 3;\n (c) the person’s notional agreement pension rate is worked out by calculating the rate that would be the person’s social security payment rate if this section did not apply to the person but taking into account section 14;\n (d) if the person’s notional agreement pension rate is nil, the international agreement portability rate is also nil;\n (e) if the person’s notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person’s notional agreement pension rate. This new amount is the person’s total notional rate;\n (f) multiply the person’s total notional rate by the person’s residence factor: the result is the person’s international agreement portability rate.\n (2) If a person’s international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person’s notional agreement pension rate under that subsection if the person had a residence factor of 1, the person’s international agreement portability rate is the rate that equals the notional rate.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Amounts to be treated as income","content":"#### 14 Amounts to be treated as income\n\n (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part.\n (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part.","sortOrder":18},{"sectionNumber":"14A","sectionType":"section","heading":"Additional child amounts","content":"#### 14A Additional child amounts\n\n For the purpose of the step in the calculation of a person’s international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner.\n\n```html\n

Additional child amounts

Item

Family situation

Additional child amount

1

For each dependent child under 13 years of age

$1,957.80

2

For each dependent child who has reached 13, but is under 16, years of age

$2,732.60

3

For a person without a partner

$962.00

\n```\n\n> Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991).","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Australian working life residence","content":"An Act to give effect to international social security agreements, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Social Security (International Agreements) Act 1999.\n\n#### 2 Commencement\n\n This Act commences on 20 March 2000.\n\n#### 3 Interpretation\n\n Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991.\n\n#### 4 Social security law\n\n This Act forms part of the social security law.\n\n#### 4A Norfolk Island\n\n This Act extends to Norfolk Island.\n\n## Part 2—International social security agreements\n\n#### 5 Scheduled international social security agreements\n\n (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:\n (a) the agreement is between Australia and another country; and\n (b) the agreement relates to reciprocity in social security or superannuation matters; and\n (c) the text of the agreement is set out in a Schedule to this Act.\n (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.\n\n#### 6 Overriding of social security law by scheduled international social security agreements\n\n (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law.\n (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.\n (3) If:\n (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and\n (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;\n the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).\n\n#### 7 Amendment of Schedules by regulations\n\n (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.\n (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.\n\n#### 8 Addition of new scheduled international social security agreements\n\n (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.\n (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.\n\n#### 9 Repeal of Schedule\n\n The regulations may repeal a Schedule to this Act.\n\n#### 10 Parenting payment claimed under agreement\n\n (1) If:\n (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and\n (b) the person, while outside Australia, lodges a claim for parenting payment; and\n (c) the person is not a member of a couple; and\n (d) the person would qualify for parenting payment if the following provisions had not been enacted:\n (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991;\n (ii) subparagraph 500(1)(d)(ii) of that Act;\n (iii) subsection 5(21), (23) or (24) of that Act;\n then:\n (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and\n (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n (2) If:\n (a) a person who is in Australia lodges a claim for parenting payment; and\n (b) the person is not a member of a couple; and\n (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;\n then:\n (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and\n (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n\n#### 11 Portability of international agreement pension or allowance\n\n A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia.\n\n#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia\n\n (1) If:\n (a) a social security payment is payable to a person under a scheduled international social security agreement; and\n (b) the person is outside Australia; and\n (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;\n the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.\n (2) A reference in the agreement to a person’s period of residence in Australia is to be taken to be a reference to the period of the person’s Australian working life residence for the purposes of this Act.\n\n## Part 3—Calculation of international agreement portability rates\n\n### Division 1—Overall rate calculation process\n\n#### 13 Overall calculation process\n\n (1) A person’s international agreement portability rate is worked out as follows:\n (a) the period of the person’s Australian working life residence in Australia (the residence period) is worked out according to Division 2;\n (b) the person’s residence factor is worked out according to Division 3;\n (c) the person’s notional agreement pension rate is worked out by calculating the rate that would be the person’s social security payment rate if this section did not apply to the person but taking into account section 14;\n (d) if the person’s notional agreement pension rate is nil, the international agreement portability rate is also nil;\n (e) if the person’s notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person’s notional agreement pension rate. This new amount is the person’s total notional rate;\n (f) multiply the person’s total notional rate by the person’s residence factor: the result is the person’s international agreement portability rate.\n (2) If a person’s international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person’s notional agreement pension rate under that subsection if the person had a residence factor of 1, the person’s international agreement portability rate is the rate that equals the notional rate.\n\n#### 14 Amounts to be treated as income\n\n (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part.\n (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part.\n\n#### 14A Additional child amounts\n\n For the purpose of the step in the calculation of a person’s international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner.\n\n```html\n

Additional child amounts

Item

Family situation

Additional child amount

1

For each dependent child under 13 years of age

$1,957.80

2

For each dependent child who has reached 13, but is under 16, years of age

$2,732.60

3

For a person without a partner

$962.00

\n```\n\n> Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991).\n\n### Division 2—Australian working life residence\n\n#### 15 Working life\n\n For the purposes of this Division, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.\n\n#### 16 Australian working life residence generally\n\n Subject to sections 17 and 21, a person’s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.\n\n#### 17 Calculation of period of residence\n\n (1) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.\n (2) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.\n\n#### 21 Australian working life residence: recipient of pension PP (single)\n\n If:\n (a) a person is receiving a pension PP (single); and\n (b) the person became qualified for the pension because the person’s former partner died; and\n (c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would now be the person’s period of Australian working life residence under section 17;\n the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).\n\n### Division 3—Residence factor\n\n#### 23 Residence factor: Australian working life residence of 35 years or more\n\n If a person’s period of Australian working life residence is 420 months (35 years) or more, the person’s residence factor is 1.\n\n#### 24 Residence factor: Australian working life residence of less than 35 years\n\n If a person’s period of Australian working life residence is less than 420 months (35 years), the person’s residence factor is the fraction represented by:\n ![Start formula start fraction Person's period of Australian working life residence over 420 end fraction end formula](image.002.png)\n\n## Part 4—Regulations\n\n#### 25 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient for carrying out or giving effect to this Act.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Working life","content":"#### 15 Working life\n\n For the purposes of this Division, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Australian working life residence generally","content":"#### 16 Australian working life residence generally\n\n Subject to sections 17 and 21, a person’s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Calculation of period of residence","content":"#### 17 Calculation of period of residence\n\n (1) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.\n (2) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Australian working life residence: recipient of pension PP (single)","content":"#### 21 Australian working life residence: recipient of pension PP (single)\n\n If:\n (a) a person is receiving a pension PP (single); and\n (b) the person became qualified for the pension because the person’s former partner died; and\n (c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would now be the person’s period of Australian working life residence under section 17;\n the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Residence factor","content":"An Act to give effect to international social security agreements, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Social Security (International Agreements) Act 1999.\n\n#### 2 Commencement\n\n This Act commences on 20 March 2000.\n\n#### 3 Interpretation\n\n Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991.\n\n#### 4 Social security law\n\n This Act forms part of the social security law.\n\n#### 4A Norfolk Island\n\n This Act extends to Norfolk Island.\n\n## Part 2—International social security agreements\n\n#### 5 Scheduled international social security agreements\n\n (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if:\n (a) the agreement is between Australia and another country; and\n (b) the agreement relates to reciprocity in social security or superannuation matters; and\n (c) the text of the agreement is set out in a Schedule to this Act.\n (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned.\n\n#### 6 Overriding of social security law by scheduled international social security agreements\n\n (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law.\n (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law.\n (3) If:\n (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and\n (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991;\n the age pension is taken to be payable to the person under the agreement referred to in paragraph (a).\n\n#### 7 Amendment of Schedules by regulations\n\n (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule.\n (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia.\n\n#### 8 Addition of new scheduled international social security agreements\n\n (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters.\n (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia.\n\n#### 9 Repeal of Schedule\n\n The regulations may repeal a Schedule to this Act.\n\n#### 10 Parenting payment claimed under agreement\n\n (1) If:\n (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and\n (b) the person, while outside Australia, lodges a claim for parenting payment; and\n (c) the person is not a member of a couple; and\n (d) the person would qualify for parenting payment if the following provisions had not been enacted:\n (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991;\n (ii) subparagraph 500(1)(d)(ii) of that Act;\n (iii) subsection 5(21), (23) or (24) of that Act;\n then:\n (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and\n (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n (2) If:\n (a) a person who is in Australia lodges a claim for parenting payment; and\n (b) the person is not a member of a couple; and\n (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;\n then:\n (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and\n (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.\n\n#### 11 Portability of international agreement pension or allowance\n\n A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia.\n\n#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia\n\n (1) If:\n (a) a social security payment is payable to a person under a scheduled international social security agreement; and\n (b) the person is outside Australia; and\n (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;\n the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.\n (2) A reference in the agreement to a person’s period of residence in Australia is to be taken to be a reference to the period of the person’s Australian working life residence for the purposes of this Act.\n\n## Part 3—Calculation of international agreement portability rates\n\n### Division 1—Overall rate calculation process\n\n#### 13 Overall calculation process\n\n (1) A person’s international agreement portability rate is worked out as follows:\n (a) the period of the person’s Australian working life residence in Australia (the residence period) is worked out according to Division 2;\n (b) the person’s residence factor is worked out according to Division 3;\n (c) the person’s notional agreement pension rate is worked out by calculating the rate that would be the person’s social security payment rate if this section did not apply to the person but taking into account section 14;\n (d) if the person’s notional agreement pension rate is nil, the international agreement portability rate is also nil;\n (e) if the person’s notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person’s notional agreement pension rate. This new amount is the person’s total notional rate;\n (f) multiply the person’s total notional rate by the person’s residence factor: the result is the person’s international agreement portability rate.\n (2) If a person’s international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person’s notional agreement pension rate under that subsection if the person had a residence factor of 1, the person’s international agreement portability rate is the rate that equals the notional rate.\n\n#### 14 Amounts to be treated as income\n\n (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part.\n (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part.\n\n#### 14A Additional child amounts\n\n For the purpose of the step in the calculation of a person’s international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner.\n\n```html\n

Additional child amounts

Item

Family situation

Additional child amount

1

For each dependent child under 13 years of age

$1,957.80

2

For each dependent child who has reached 13, but is under 16, years of age

$2,732.60

3

For a person without a partner

$962.00

\n```\n\n> Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991).\n\n### Division 2—Australian working life residence\n\n#### 15 Working life\n\n For the purposes of this Division, a person’s working life is the period beginning when the person turns 16 and ending when the person reaches pension age.\n\n#### 16 Australian working life residence generally\n\n Subject to sections 17 and 21, a person’s period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.\n\n#### 17 Calculation of period of residence\n\n (1) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.\n (2) If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.\n\n#### 21 Australian working life residence: recipient of pension PP (single)\n\n If:\n (a) a person is receiving a pension PP (single); and\n (b) the person became qualified for the pension because the person’s former partner died; and\n (c) the partner’s period of Australian working life residence (immediately before the partner’s death) is longer than the period that would now be the person’s period of Australian working life residence under section 17;\n the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the partner’s death).\n\n### Division 3—Residence factor\n\n#### 23 Residence factor: Australian working life residence of 35 years or more\n\n If a person’s period of Australian working life residence is 420 months (35 years) or more, the person’s residence factor is 1.\n\n#### 24 Residence factor: Australian working life residence of less than 35 years\n\n If a person’s period of Australian working life residence is less than 420 months (35 years), the person’s residence factor is the fraction represented by:\n ![Start formula start fraction Person's period of Australian working life residence over 420 end fraction end formula](image.002.png)\n\n## Part 4—Regulations\n\n#### 25 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Residence factor: Australian working life residence of 35 years or more","content":"#### 23 Residence factor: Australian working life residence of 35 years or more\n\n If a person’s period of Australian working life residence is 420 months (35 years) or more, the person’s residence factor is 1.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Residence factor: Australian working life residence of less than 35 years","content":"#### 24 Residence factor: Australian working life residence of less than 35 years\n\n If a person’s period of Australian working life residence is less than 420 months (35 years), the person’s residence factor is the fraction represented by:\n ![Start formula start fraction Person's period of Australian working life residence over 420 end fraction end formula](image.002.png)","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulations","content":"## Part 4—Regulations","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient for carrying out or giving effect to this Act.","sortOrder":29}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act was originally enacted to give effect to a small number of existing bilateral treaties whose texts were set out in Schedules. Its scope has expanded through repeated use of the regulation-making powers in ss 7 and 8 to incorporate agreements with additional countries, to update existing treaties, and to extend reciprocity to new categories of payments and superannuation matters, moving well beyond the initial set of agreements contemplated in 1999."},"complexity_factors":["Heavy cross-referencing to defined terms and qualification rules in the Social Security Act 1991 (s 3 and throughout)","Multi-step, conditional calculation process in Part 3 (residence period → residence factor → notional rate → total notional rate → portability rate, with a cap at s 13(2))","Nested exceptions and deeming rules (ss 6(3), 10(1)(d), 17, 21)","Regulatory powers allowing Schedules containing entire treaties to be added, amended or repealed (ss 7–9)","Detailed table of indexed additional child amounts that interact with partner status and child age bands (s 14A)"],"plain_english_summary":"**This Act makes international social security agreements part of Australian law.**\n\nIt lets Australia honour deals with other countries so people who have lived or worked in both places can claim pensions, allowances and other payments. The agreements let Australia and the other country add together periods of residence or contributions so a person does not lose entitlements just because they moved.\n\nThe core mechanism is the list of 'scheduled international social security agreements' (the full text of each treaty sits in a Schedule to the Act). These agreements override ordinary social security rules where they conflict. The Act also sets out a precise formula that reduces a payment rate according to how much of a person's working life (age 16 to pension age) was spent living in Australia.\n\nIt affects migrants, former residents of agreement countries, and Australians living overseas who want to claim Australian benefits or have overseas periods counted. It matters because it prevents gaps in coverage, stops people being penalised for moving, and ensures Australia only pays its fair share of each pension."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act was primarily a framework to give legal effect to international social security agreements. Over time, scope expanded to include: detailed payment rate calculation machinery (Part 3, including indexed child amounts in s.14A); special rules for parenting payment claimants both inside and outside Australia (s.10); extension to Norfolk Island (s.4A); and a mechanism allowing the Government to add, amend, or repeal international agreement schedules by regulation rather than primary legislation. The addition of the detailed portability rate calculation formula represents a significant expansion from a simple framework Act into substantive payment calculation law."},"complexity_factors":["Multi-step mathematical formula for calculating pension rates (residence factor × notional rate), requiring understanding of several interdependent concepts","Heavy cross-referencing to the Social Security Act 1991, meaning you cannot understand this Act in isolation","The Act itself is essentially a framework — the actual content (the international agreements) lives in Schedules which can be added, amended or repealed by regulation, making the full picture impossible to assess from the Act alone","Conditional logic chains in sections like s.10 (parenting payment) involve multiple nested if/and/then conditions referencing specific subsections of another Act","Special rules for edge cases (e.g., widows inheriting their deceased partner's residence period under s.21) add layers of complexity","The 'portability rate' calculation involves several intermediate concepts (notional agreement pension rate, residence factor, total notional rate, additional child amounts) that must be understood in sequence","International treaty law intersects with domestic legislation — the agreements themselves are not reproduced here and vary by country","The Act has been amended over time (e.g., s.4A on Norfolk Island was added later), meaning the current version differs from the original"],"plain_english_summary":"## What This Law Does\n\nThis Act is the legal framework that allows Australia to honour **international social security agreements** — deals struck between Australia and other countries so that people who have lived and worked in multiple countries don't miss out on pension and welfare payments.\n\n## Who Does It Affect?\n\nThis law matters to you if you:\n- **Migrated to Australia** from a country that has a social security agreement with Australia (e.g., the UK, Italy, Germany, the US, and many others)\n- **Are an Australian who has lived or worked overseas** and may be entitled to payments from another country\n- **Receive an Australian pension or allowance while living overseas**\n- Are a **single parent** claiming parenting payment (government support for parents raising children alone) under one of these international deals\n\n## The Key Things It Does\n\n**1. Makes international agreements legally binding in Australia**\nWhen Australia signs a social security deal with another country, this Act gives that deal legal force — and importantly, the deal *overrides* Australia's normal social security rules where they conflict.\n\n**2. Sets up a formula for how much you get paid**\nIf you lived in Australia for less than 35 years of your working life (counted from age 16 to pension age), your Australian pension payment is *proportionally reduced*. For example, if you lived here for 17.5 years (half of 35), you'd get roughly half the full rate. If you lived here 35 years or more, you get the full rate.\n\n**3. Covers payments you can take overseas**\nGenerally, payments under these agreements are only payable while you're in Australia — *unless* the specific agreement with that country says you can receive the payment while living there.\n\n**4. Helps single parents claim under agreements**\nSingle parents (not in a couple) can claim parenting payment under these international agreements even if they'd normally be excluded under standard Australian rules.\n\n**5. Allows new agreements to be added easily**\nThe Government can add new international agreements (or amend existing ones) through regulations — a simpler process than passing new laws through Parliament — as long as the agreement is already in force between the two countries.\n\n**6. Extends to Norfolk Island**\nThe Act applies to Norfolk Island residents as well.\n\n## Practical Example\nImagine Maria moved from Italy to Australia at age 36 and worked here until pension age at 67 — that's 31 years. Because she has less than 35 years of Australian residence during her working life, her Australian Age Pension would be calculated at roughly 31/35ths of the full rate. Under Australia's agreement with Italy, her Italian pension may top up the difference.\n\n## Bottom Line\nThis law protects migrants and Australians who've lived internationally from falling through the cracks between two countries' welfare systems. It ensures time spent contributing in one country is recognised when calculating entitlements in another."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The text supplied defines a scope that is consistent with its stated purpose: to give domestic legal effect to international social security or superannuation agreements and to set out how payments under those agreements are treated and calculated (see s5–s6 and Part 3). The Act does not expand beyond implementing those agreements and prescribing calculation and regulatory procedures; it therefore does not change scope from that expressed in its own stated purpose. The Act focuses on (a) scheduling agreement texts into domestic law (s5–s9), (b) allowing regulations to manage timing and technical implementation (s7–s9, s25), and (c) prescribing the portability and rate calculation rules for payments determined by Australian law (s11–s13, s14–s14A, s15–s24)."},"complexity_factors":["Technical multi‑step numerical calculation for portability rates (s13, s14A, s23–s24).","Cross‑references and reliance on definitions in the Social Security Act 1991 (s3; s14A references ss1190–1191 of the Social Security Act 1991).","Executive regulation power to add, amend or repeal Schedules (s7–s9, s25) creating procedural and timing complexity.","Rounding and aggregation rules for counting Australian working life residence in months (s16–s17) and a special survivor rule (s21).","Interaction between international agreement terms (which may treat income differently) and domestic calculation rules (s14, s12).","Portability constraints that depend on the individual international agreement’s text (s11), requiring case‑by‑case legal reading of each scheduled agreement."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- What it changes mechanically\n - The Act makes certain international social security or superannuation agreements part of the Australian social security system by listing their texts in Schedules to the Act (see s5). Where an agreement is a \"scheduled international social security agreement,\" its provisions operate even if they conflict with other social security law (s6(1)).\n - The executive can add, amend or repeal those Schedules by regulation so the text of an international agreement (or later amending agreement) can be set into the Act without further primary legislation (s7–s9, s25). Regulations cannot be made effective earlier than the day the underlying international agreement comes into force for Australia (s7(2), s8(2)).\n - The Act contains specific rules about (a) when parenting payment claims made under a scheduled agreement are treated as claims under that agreement (s10), (b) whether a pension or allowance paid under a scheduled agreement is payable while the recipient is outside Australia (portability—s11), and (c) how to calculate the rate of a payment when the agreement says the rate is to be determined by Australian law (s12 and Part 3).\n\n- Stated purpose\n - The Act’s stated purpose is to give effect to international social security agreements and related purposes. That purpose appears through the mechanism of scheduling agreements into Australian law (s5) and prescribing calculation and administrative rules (Part 3; s25).\n\n- Who it affects\n - Individuals who have worked or lived in Australia and who are covered by an international social security or superannuation agreement with Australia (s5, s12). This includes people who are outside Australia when they claim or receive certain payments under a scheduled agreement (s10, s11, s12).\n - The executive (Governor‑General acting by regulation) and the administering department, which must add/amend/repeal Schedules and apply the calculation rules (s7–s9, s25, Part 3).\n - Taxpayers indirectly, because the Australian Government pays any social security amounts that are payable under scheduled agreements (see s6 and s11–s12 for how payments are treated and limited).\n\n- Who pays and who decides\n - Payments are paid by the Australian social security system when an individual is eligible under a scheduled agreement or Australian law as applied by the Act (s6, s11–s12, s13). The rate of payment for persons outside Australia can be calculated under the Act’s Part 3 rules (s12, s13).\n - The content of scheduled agreements is negotiated between Australia and another country. The text is brought into domestic operation by adding it to a Schedule (s5) and by regulations made under this Act (s7–s9, s25).\n\n- How payment rates are worked out (mechanics)\n - Where an agreement refers rate-setting to Australian law and the person is outside Australia, the Act requires calculation of an \"international agreement portability rate\" (s12(1)). The calculation steps are set out in s13:\n 1. work out the person’s Australian working life residence (Division 2: s15–s17, s21);\n 2. convert that period into a residence factor (Division 3: s23–s24);\n 3. work out the person’s notional Australian payment rate (s13(1)(c), taking into account any treatment of income specified in the agreement under s14);\n 4. add any applicable additional child amounts set out in s14A; and\n 5. multiply the total notional rate by the residence factor to get the portability rate (s13(1)(e)–(f)).\n - A full 35 years (420 months) of Australian working life residence produces a residence factor of 1; less than that gives a fraction equal to months/420 (s23–s24). Special rounding rules for months and a survivor‑recipient rule for certain pensions are in s17 and s21.\n\n- Tests against costs, incentives and practical effects (source‑grounded)\n - Administrative and compliance burden: the Act requires the administering agency to establish and verify each claimant’s Australian working life residence in months and to apply the multi‑step calculation in s13. That imposes staff time and record‑checking requirements (s13, s16–s17).\n - Delegated decision‑making and implementation risk: the Act gives the executive power to add, amend or repeal Schedules by regulation (s7–s9, s25). That concentrates the procedural step of putting an agreement into domestic effect on the regulation‑making process and creates reliance on timely regulatory implementation (s7(2), s8(2)).\n - Incentives for individuals: a person’s length of Australian working life residence directly affects the rate they receive if paid under a scheduled agreement and outside Australia (s13, s23–s24). That changes the return to choices about residence and timing of work/retirement in Australia; the Act sets the mechanical link but does not itself provide behavioural guidance beyond the rate rule (s13).\n - Concentration of benefits and targeting mechanism: scheduled agreements apply to persons linked to particular foreign countries (s5). The Act’s mechanism (s5–s9, s6) therefore allows different treatment for distinct groups (those covered by a given agreement) through the standard legislative/regulatory process. The Act does not itself specify which countries or persons will benefit; it provides the mechanism for applying agreement terms.\n - Effects on private enterprise and markets: the Act is primarily about social security and portable pensions. It may interact with superannuation reciprocity provisions in a scheduled agreement (s5), but it does not directly regulate prices, competition, ownership or contract freedom in private markets. Any effect on private employers or funds would be indirect and depend on the specific terms of an agreement scheduled under s5.\n - Indexing and numerical detail: the Act fixes additional child amounts in s14A (with a note that those amounts are indexed under Social Security Act 1991 sections 1190–1191). That requires administrative attention to indexing rules when calculating annual amounts.\n\n- Trade‑offs and opportunity costs\n - The Act trades legislative flexibility (ability to give effect to negotiated agreements quickly by regulation: s7–s9, s25) against the need for careful administrative systems to implement and reconcile scheduled agreement provisions with domestic law (s6, Part 3).\n - Resources used to verify residence, apply the formula, and manage Schedules are opportunity costs relative to other administrative priorities; these costs fall mainly on the administering department and, indirectly, on public finances when payments are made (s13, s16–s17, s25).\n\n- Implementation and timing constraints\n - Regulations that add or amend Schedules must not operate earlier than the day the corresponding international agreement takes effect for Australia (s7(2), s8(2)). That limits premature domestic operation but requires coordination between treaty entry into force and regulatory publication.\n\n- Bottom line (mechanical summary)\n - The Act: (1) makes negotiated international social security/superannuation agreements enforceable against Australian social security law by scheduling their texts into the Act (s5–s6); (2) lets the executive add/amend/repeal those Schedules by regulation with timing limits (s7–s9, s25); and (3) prescribes detailed rules for when and how payments under those agreements are payable overseas and how to calculate portability rates where Australian law governs the rate (s10–s14A, Part 3). The administering agency must implement the formulae and verify residence and other eligibility facts (s13, s16–s17, s21)."},"issue_detection":{"absurdities":[{"type":"other","section":"17","severity":"high","reasoning":"Section 17(1) adds one month to any period that is already a whole number of months. Section 17(2) adds one month to any period that is a whole number of months plus any days. Combined, this means every single claimant gets a free bonus month. More critically, someone with 419 months and any days at all (s17(2)) gets bumped to 420 months, triggering s23's residence factor of 1 — the maximum. The rounding-up rule produces arbitrary windfalls and undermines the proportionality purpose of the residence factor scheme.","confidence":0.88,"description":"Section 17 mandatorily inflates every period of Australian working life residence by one month, regardless of actual residence duration. A person with exactly 0 days of residence would have 1 month credited; a person with 419 months and 1 day gets rounded up to 421 months, exceeding the 420-month threshold and triggering a residence factor of 1 — giving the same benefit as someone who actually resided for 35+ years."},{"type":"circular_definition","section":"13(1)(c)","severity":"medium","reasoning":"Section 13(1)(c) requires calculating what the rate would be 'if this section did not apply.' But s13 is the overall calculation process — removing s13 from the analysis means there is no calculation process to produce the notional rate. The provision cannot meaningfully direct a calculator to ignore the very mechanism being used to run the calculation. While interpretively one can read this as 'ignore the residence factor reduction in s13(1)(f)', the drafting is genuinely circular and obscure.","confidence":0.72,"description":"The notional agreement pension rate is calculated as the rate that would apply 'if this section did not apply to the person' — but the section itself is the mechanism that calculates the rate. The provision bootstraps itself into a self-referential calculation loop."},{"type":"other","section":"13(2)","severity":"low","reasoning":"Under s23, a residence factor of 1 is the maximum possible. Under s24, the factor is always less than 1 for shorter residence. Multiplying any positive total notional rate by a factor ≤1 always produces a result ≤ the total notional rate. The cap in s13(2) — preventing the portability rate from exceeding the notional rate — can therefore never be triggered by the s13(1) formula as written. Its inclusion suggests either a drafting relic or a misunderstanding of the arithmetic.","confidence":0.82,"description":"Section 13(2) creates a cap on the international agreement portability rate that can never logically be triggered. The subsection (1) formula multiplies the total notional rate by a residence factor that is always ≤1 (per ss23-24), so the result can never exceed the notional rate. The cap provision is therefore superfluous and logically dead."},{"type":"self_contradicting","section":"11","severity":"medium","reasoning":"If an agreement is silent on overseas payability, s11 would deny overseas payment. But s6(1) says agreement provisions override the social security law. Section 11 is itself part of the social security law (per s4). An agreement could arguably override s11 by implication. The result is that s11 may have no operative effect against any agreement, rendering it pointless, while also creating uncertainty about its interaction with s6.","confidence":0.65,"description":"Section 11 provides that a payment 'payable under a scheduled international social security agreement' is not payable outside Australia unless the agreement provides otherwise — but s6(1) already provides that agreement provisions have effect despite anything in the social security law. Section 11 therefore purports to restrict what an agreement can do, while s6(1) gives agreements supremacy over domestic law including s11 itself."},{"type":"other","section":"21","severity":"low","reasoning":"The provision is not strictly absurd — it is clearly intended to protect recently bereaved people — but it creates an odd legal fiction: the deceased partner's residence period is transplanted to the survivor and treated as the survivor's own. This means the survivor's 'Australian working life residence' may be a period during which they were not present in Australia at all, contradicting the ordinary meaning of 'residence.'","confidence":0.6,"description":"Section 21 allows a surviving pension PP (single) recipient to inherit their deceased partner's Australian working life residence period — but a person qualifying for pension PP (single) on the basis of their partner's death, by definition, is 'not a member of a couple.' The section cross-references 'partner' for a status that requires the person to now be without a partner, creating a temporal absurdity in applying the working life residence of a person who, at the relevant time (death), was the claimant's partner."},{"type":"other","section":"14A","severity":"low","reasoning":"The table's item 3 condition ('only applicable if an amount in item 1 or 2 is to be paid') means the single supplement is contingent on having qualifying children, not on being single per se. A single person with no dependent children receives no item 3 amount despite the description 'for a person without a partner.' The label is misleading relative to the actual qualifying condition.","confidence":0.7,"description":"The additional child amount for item 3 (person without a partner, $962.00) is described as only applicable if an amount in item 1 or 2 is also applicable — meaning a childless single person receives nothing under item 3, but a single person with children receives both the child amount AND the single supplement. However, the item 3 condition as drafted does not expressly exclude a person who has a partner but whose partner is absent or overseas, creating ambiguity about who qualifies as 'a person without a partner' in the context of an overseas portability calculation."}],"contradictions":[{"severity":"high","section_a":"6(1)","section_b":"11","confidence":0.8,"description":"Section 6(1) provides that scheduled international social security agreement provisions have effect 'despite anything in the social security law.' Section 11 is part of the social security law (per s4) and purports to restrict portability of agreement payments unless the agreement itself authorises overseas payment. These provisions directly contradict each other: s6(1) gives agreements supremacy over s11, yet s11 attempts to impose a default restriction on what agreements can achieve."},{"severity":"medium","section_a":"6(1)","section_b":"12(1)","confidence":0.65,"description":"Section 6(1) gives agreement provisions effect 'despite anything in the social security law.' Section 12(1) purports to override the agreement's own rate-determination mechanism by substituting the domestic 'international agreement portability rate' formula from Part 3 whenever an agreement provides for rates to be determined according to Australian law. This means domestic Part 3 calculations can override what an agreement actually says about rates, potentially conflicting with s6(1)'s grant of supremacy to agreements."},{"severity":"low","section_a":"17(1)","section_b":"17(2)","confidence":0.55,"description":"Sections 17(1) and 17(2) both purport to address rounding of Australian working life residence periods but overlap in a contradictory way. Section 17(1) addresses periods that are 'a number of whole months' and adds one month. Section 17(2) addresses periods that are 'a number of whole months and a day or days' and rounds up to the next whole month plus one. However, a period of exactly whole months falls under s17(1) only, while a period with leftover days falls under s17(2) — the subsections appear to produce different results for these two situations but the combined operation means every period, regardless of whether it is exact months or months-plus-days, gets inflated by one month, suggesting s17(1) is redundant given s17(2), or that s17(1) was intended to operate differently."},{"severity":"medium","section_a":"5(1)(c)","section_b":"5(2)","confidence":0.7,"description":"Section 5(1)(c) defines a scheduled international social security agreement as one whose text is 'set out in a Schedule to this Act.' Section 5(2) extends this definition to include an agreement 'as amended, or otherwise affected in its operation, by a further agreement.' Under s7, amending agreements are added to Schedules by regulation. But if an amending agreement has not yet been incorporated by regulation, s5(2) could deem an unamended Schedule text to represent an already-amended agreement — meaning the operative agreement text may differ from what is actually set out in the Schedule, contradicting the requirement in s5(1)(c) that the text be set out in a Schedule."},{"severity":"medium","section_a":"9","section_b":"5(1)","confidence":0.62,"description":"Section 9 allows regulations to repeal a Schedule. If a Schedule is repealed, the agreement it contained ceases to be a 'scheduled international social security agreement' under s5(1)(c) — since the text is no longer 'set out in a Schedule.' However, s6(1) provides that agreement provisions have effect 'despite anything in the social security law.' It is ambiguous whether repealing a Schedule by regulation (a subordinate instrument) can extinguish rights that arose under an agreement that previously had statutory force under s6(1), creating a potential conflict between executive power via regulation and Parliament's intent to give agreements statutory supremacy."}]}},"importantCases":[],"_links":{"self":"/api/acts/social-security-international-agreements-act-1999","history":"/api/acts/social-security-international-agreements-act-1999/history","analysis":"/api/acts/social-security-international-agreements-act-1999/analysis","conflicts":"/api/acts/social-security-international-agreements-act-1999/conflicts","importantCases":"/api/acts/social-security-international-agreements-act-1999/important-cases","documents":"/api/acts/social-security-international-agreements-act-1999/documents"}}