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From 1 July 2004 portability for DSP recipients is limited to 13 weeks. However, different rules apply to DSP recipients who are:
DSP may be payable overseas indefinitely if a recipient is assessed under the SSAct section 23(4B) as severely disabled and is terminally ill. A recipient needs to provide medical information before their departure if they are intending to travel overseas for more than 13 weeks.
If a recipient's portability is likely to be affected by their level of disability (i.e. they are terminally ill and severely disabled) this should be ascertained before they leave Australia.
If a recipient is not terminally ill at the time of leaving Australia, but becomes terminally ill during the first 13 weeks of an absence, the pension may be portable indefinitely once the recipient has provided medical evidence.
Note: If a recipient has provided medical information but is not considered to be terminally ill and remains unable to return to Australia they may be able to make use of discretionary provisions in the SSAct section 1218C to extend their portability period.
In some cases where medical results are not available before departure, DSP will stop after 13 weeks unless relevant medical certificates are received by Centrelink.
When a recipient is no longer medically qualified for DSP after a pre-departure medical review, they should be advised immediately of the decision. They must also be advised of the arrangements for termination of their payment and their appeal rights.
If a person who is overseas ceases to medically qualify for indefinite portability as a DSP terminally ill and severely disabled recipient, but still qualifies for DSP, the new portability period of 13 weeks starts on the day the recipient ceases to be terminally ill.
Note: It is possible for this period to be extended in extreme or unforeseen circumstances as it is now a limited period.
DSP recipients going to an agreement country may be entitled to more than 13 weeks portability. If a recipient's portability under an agreement is likely to be affected by their 'severely disabled' status, this should be ascertained before they leave Australia.
Policy reference: SS Guide 3.6.1.50 Payability of DSP, 7.1.2.20 Portability Table
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Last reviewed: 2 October 2007
