Document ID: chunk:federal_register_of_legislation:C2005C00507:clause:1_1217
Version: federal_register_of_legislation:C2005C00507
Segment Type: clause
Provision Reference: sch 1 cl 1217
Character Range: 19871–22707

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, it is an absence specified in column 5 of 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 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 a period of weeks, 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 of weeks that is 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.

Persons who cease to be severely disabled

 (5) However, if:
 (a) the person was a severely disabled person at the commencement of the period of absence; and
 (b) during the period of absence, the person ceased to be a severely disabled person;
the person's portability period for disability support pension, in relation to the period of absence, is taken to have begun when the person ceased to be a severely disabled person.

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