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Social Security (International Agreements) Act 1999
12Rate of pension or allowance payable under agreement where rate to be determined under law of Australia
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#### 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia
(1) If:
(a) a social security payment is payable to a person under a scheduled international social security agreement; and
(b) the person is outside Australia; and
(c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia;
the rate of the social security payment is the person’s international agreement portability rate worked out in accordance with Part 3.
(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.