Document ID: chunk:federal_register_of_legislation:C2021C00314:clause:4_14:p2
Version: federal_register_of_legislation:C2021C00314
Segment Type: clause
Provision Reference: sch 4 cl 14 (pt 2/3)
Character Range: 29233–31749

is being worked out);
then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person's period of absence from Australia starting on the departure day.
(5) If none of subitems (2) to (4) have the effect that the amendments made by items 7 to 13 do not apply in relation to a person's period of absence from Australia starting on or after 1 July 2014, then, despite subitems (2) to (4), the amendments made by items 7 to 13 apply in relation to any other period of absence from Australia of the person starting on or after that day.

Existing recipients of wife pension or carer payment
(6) If:
 (a) immediately before 1 July 2014 a person was receiving a wife pension or a carer payment under a scheduled international social security agreement; and
 (b) immediately before 1 July 2014 the person's period of Australian working life residence exceeded the period of Australian working life residence of:
 (i) if the person was receiving a wife pension—the person's partner; or
 (ii) if the person was receiving a carer payment—the person for whom the person was providing care;
then the amendments made by items 7 and 8 apply in relation to working out the rate of that wife pension or carer payment on or after 1 July 2014.

New recipients of social security payments
(7) If:
 (a) a person is outside Australia on or after 1 July 2014 (regardless of when the absence began); and
 (b) the person's start day, in relation to a social security payment under a scheduled international social security agreement, is on or after 1 July 2014;
then the amendments made by items 7 to 13 apply in relation to working out the rate of that payment.

Portability extension
(8) If:
 (a) in relation to a person referred to in subitem (3) or (4), the Secretary is satisfied that the person's return to Australia is temporary; and
 (b) the Secretary is satisfied that the person is unable to leave Australia before the end of the 26 weeks mentioned in paragraph (3)(d) or (4)(d) because of an event referred to in subitem (9);
the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (3)(d) or (4)(d) is taken to be a reference to another number of weeks.
(9) The events are the following:
 (a) a serious accident involving the person or a family member of the person;
 (b) a serious illness of the person or a family member of the person;
 (c) the hospitalisation of the person or a family member of the person;
 (d) the death of a family