Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1217
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1217
Character Range: 2674166–2676833

1217  Meaning of maximum portability period, allowable absence and portability period

Meaning of maximum portability period
 (1) The person's maximum portability period for the payment is the period referred to in column 5 of the table at the end of this section (the table) that is applicable to:
 (a) the payment (as specified in column 2 of the table); and
 (b) the class of persons to which the person belongs (as specified in column 3 of the table).

Meaning of allowable absence
 (2) The person's absence is an allowable absence in relation to the payment at a particular time if, at that time:
 (a) it is an absence specified in column 4 of the item in the table at the end of this section that is applicable to the payment and the person; and
 (b) except where an unlimited absence is specified in column 5 of the item or a provision of Subdivision B applies, the absence does not:
 (i) exceed the period specified in column 5 of that item; or
 (ii) in the case of item 2—cause the total number of days (whether consecutive or not) of the person's temporary absence from Australia in the last 12 months to exceed 28, ignoring days in accordance with that item.

Meaning of portability period if unlimited maximum portability period
 (3) If the person's maximum portability period for the payment is an unlimited period, the person's portability period for the payment, in relation to the period of absence, is an unlimited period beginning at the commencement of the period of absence.

Meaning of portability period if maximum portability period limited
 (4) If the person's maximum portability period for the payment is not an unlimited period, the person's portability period for the payment, in relation to the period of absence, is the period:
 (a) beginning at the commencement of the period of absence; and
 (b) ending at the earlier of the following times:
 (i) the first time during the period of absence at which the absence is not an allowable absence in relation to the payment;
 (ii) the end of the period that is the person's maximum portability period for the payment.
Note: People will be required (under the Social Security (Administration) Act 1999) to notify changes in circumstance.

Portability of social security payments
Column 1                                 Column 2                    Column 3                                              Column 4                                                          Column 5
Item                                     Payment                     Person                                                Absence                                                           Maximum portability period