12Rate of pension or allowance payable under agreement where rate to be determined under law of Australia

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.