Note: The following information is provided as a guide only. People should contact Centrelink International Services on 131 673 for specific information relating to their circumstances.
- When Did The Agreement Start?
- What Does The Agreement Say?
- What Does The Agreement Do?
- What Payments Does The Agreement Cover?
- What Are the Main Features of the Agreement?
- How will seconded workers benefit under the Agreement?
- Where and How Are Claims Made?
- When Does Payment Start?
- How Are Agreement Pensions Paid?
- Who Handles Claims and Questions?
- What Documents Do I Need To Make a Claim?
- What are the Important Things to Know About the Australian Social Security System?
- How Much Australian Benefit Will I Get If I Am Paid Under This Agreement?
- Examples for Residents of Australia
- Examples for Residents of Netherlands
- How Do I Find Out More?
The agreement is a treaty, and is written in typical treaty style language.
What does the agreement do?
Under the Agreement, Australia and the Netherlands will share responsibility for paying benefits to people who may otherwise not be entitled.
In Australia's case, the Agreement will assist people who do not have enough residence in Australia, or could not claim a benefit because they are living abroad.
In the case of the Netherlands, the Agreement allows people receiving Netherland's survivor's or disability pensions to continue to receive those pensions should they move to Australia. It also allows for periods of residence in the Netherlands between tha age of 15 and 1 January 1957 to be counted as periods of insurance in the Netherlands.
In addition, the Agreement allows for income test concessions where a person receives income tested benefits from both Australia and the Netherlands.
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What payments does the agreement cover?
The social security payments covered by the Agreement are as follows:
- age pension
- disability support pension for the severely disabled
- wife pension – for a woman who is the wife of an age pensioner or DSP who is severely disabled;
- pensions payable to widowed persons; and
- Double Orphan Pension.
Payments under the following Netherlands legislation is covered under the Agreement:
- general old age insurance,
- invalidity insurance for employees and the self-employed;
- general survivor's insurance;
- children's allowances,
- sickness insurance (including employer's liability for payment during sickness).
What are the main features of the agreement?
Australian legislation requires minimum residence periods in Australia before a person can qualify for age pension and disability support pension (this rule changes if the person becomes disabled after they take up permanent residence in Australia). It also requires a person to be an Australia resident and in Australian to claim a benefit.
The Agreement allows people to use Netherlands' periods of insurance to make up the 10 years Australian residence required to qualify for age pension or disability support pension to qualify for an Australian benefit.
The Agreement also allows a person who resides in the Netherlands to claim an Australian pension without having to return to Australia.
Note: To do this the person must have resided in Australia for a minimum of 12 months (6 months of which was continuous) during their working life (between 16 years and age pension age).
Centrelink has information on residency requirements for payments covered by the Agreement.
To use the Agreement to claim a pension from the Netherlands, a person must have a period of insurance or have been covered by the Netherlands social security scheme.
How will seconded workers benefit under the agreement?
The Agreement contains provisions which mean that contributions do not have to be made into both country's systems for an employee who has been seconded to work temporarily in the other country. The provisions relate to the Superannuation Guarantee legislation for Australia. The Australian Taxation Office is responsible for the administration of the coverage provisions. Contact the ATO if you require more information on this aspect of the Agreement.
Where and how are claims made?
People living in Australia can lodge claims for the Netherlands and Australian benefits with any Centrelink office. Centrelink will supply all the necessary claim forms.
People living in the Netherlands can lodge claims for Australian and Netherlands' benefits with the Netherlands' Social Insurance Bank (Sociale Verzekeringsbank – SVB) or with UWV Gak for disability claims.
When does payment start?
If you get an Australian pension in Australia, Centrelink will pay it directly into your bank account every two weeks.
If you are living overseas, your Australian pension will be paid directly into your bank account every 4 weeks.
The Netherlands will pay its own benefits through the Netherlands' Social Insurance Bank (Sociale Verzekeringsbank – SVB) or UWV Gak. Payments are made monthly to people living in Australia.
People who get a pension from both countries will get two separate payments – one from Australia and one from the Netherlands.
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Whow handles claims and questions?
Claims and questions relating to the Agreement are handled by:
- for Australia, by Centrelink International Services (telephone 131673);
- Australian pensioners living in the Netherlands are able to contact Centrelink International Services on 0800 0224 364 toll free;
- for the Netherlands, by contacting the fund that pays your Netherlands benefit.
When you claim an Australian pension you will need to complete a claim form and provide documents to prove your identity and periods of residence in Australia.
Proof of Identity
Some of the acceptable documents to prove your identity are:
- birth certificate or extract;
- current Australian passport;
- certificate of Australian citizenship.
Proof of Australian Residence
Helpful documents that can assist you to do this include:
- Australian or overseas passport that shows your date of arrival in Australia;
- Entry visa;
- Australian citizenship papers;
- Employment and/or tax records, including group certificates issued by Australian employers.
Note: This is only a few of the documents that can be used to prove your identity and your Australian residence. Centrelink is able to provide more information on other acceptable documents to prove your identity and Australian residence.
If you are claiming an Australian pension while you are living in the Netherlands, you will still have to provide proof of identity and proof of previous Australian residence to the authorities in the Netherlands.
What are the important things to know about the Australian scocial security system?
All claimants for Australian Agreement pensions need to meet the other conditions (eg age limits, income or assets tests) required for that benefit under Australia's social security laws.
Australian benefits are means tested, that is, an assets test is applied and then an income test is applied, and whichever produces the lower rate is used for assessment. For information about the current income and assets test limits, visit the Centrelink site.
The Age Pension age for men is 65. The Age Pension age for women is gradually being increased to 65 – see Age Pension benefit information for details of Age Pension ages for women.
Australian working life residence is the period of Australian residence between age 16 and Age Pension age.
How much Australian benefit will I get if I am paid under this agreement?
Australian pension for a person living in Australia
When a person living in Australia is granted a pension under the Agreement (because of lack of qualifying residence), the person receives the normal means-tested pension less the amount of any Netherlands' benefit they also receive.
The Netherlands' benefit is 'topped up' to the rate of Australian pension they would get if they were only receiving an Australian benefit.
Once a person qualifies for an Australian pension in his or her own right (without needing the Agreement) any Netherlands' benefit is treated as income in the normal way.
Australian pension for a person not living in Australia
The rate of Australian pension payable outside Australia is affected by two things:
- length of Australian working life residence; and
- the amount of income or assets in excess of specified limits.
Australian pensions paid overseas are paid at a proportional rate reflecting the length of the person's Australian working life residence . A person with 25 years Australian working life residence can be paid a full basic means-tested pension. A person with less than 25 years Australian working life residence, has his or her rate worked out on a proportional basis.
For example, a person with 20 years Australian working life residence would receive 20/25ths (or 80%) of the basic means-tested pension rate; a person with 12 years Australian working life residence would receive 12/25ths (or 48%).
The income and assets test also apply, so that a person with 25 years of Australian working life residence could still receive only a part pension if their income or assets exceeded the allowable limits. For more information about the current income and assets limits, visit the Centrelink Website.
Under the Agreement, when a pension is paid overseas at a proportional rate, only the same proportion of any contributory Netherlands' pension received is counted as income for the income test. This also applies to pensions granted without the assistance of the Agreement.
Also, when any Australian pension is paid to a person in the Netherlands, any payment received as a supplement in respect of a partner (AOW toeslag) or payment under the National Assistance Act (Algemene Bijstandswet-ABW), or another income tested payment eg ANW, are not counted as income for Australian pension.
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Residents of Australia
Mr de Bruin is 65 and has lived in Australia for 8 years. Before moving to Australia he already had 20 years of insurance in the Netherlands.
Without the Agreement
Mr de Bruin cannot get an Australian age pension because he has not lived in Australia for more than 10 years.
With the Agreement
Mr de Bruin can aWithout the Agreementdd his 8 years as an Australian resident to his 20 years of insurance in the Netherlands so that he meets the minimum 10 years Australian residence required to qualify for an Australian age pension.
Also, Centrelink would assist him in claiming any Netherlands' pension he may be entitled to.
Residents of the Netherlands
Following are some examples of how the Agreement assists people living in the Netherlands.
A person who lived for 20 years in Australia during working life is now living in the Netherlands and is already receiving a Netherlands' benefit. This person left Australia before reaching age pension age and therefore would not get an Australian benefit without the Agreement.
Without an Agreement
Although this person has more than the 10 years required for Australian age pension, a proper claim cannot be made as the person is not an Australian resident and in Australia.
With the Agreement
Australian age pension could be claimed and paid in the Netherlands. The Australian benefit rate would be proportionalised; 20/25 of the means-tested rate would be paid. The same proportion of a Netherlands' benefit (but not any AOW toeslag or Algemene Bijstandswet - ABW), or any other income tested payment eg ANW, would be counted as income.
A woman aged 62 has lived in Australia for 8 years during working life (between 16 years and age pension age). She has 15 years of contributions in the Netherlands. She is now living in the Netherlands.
Without an Agreement
She would not be able to claim an Australian age pension but she would be eligible to claim a Netherlands' benefit.
With the Agreement
She would be able to claim an Australian age pension in the Netherlands because her 8 years' residence plus total periods of Netherlands' contributions add up to more than 10 years. Her rate of payment would be 8/25ths of the full rate, subject to the means test. She would still receive a Netherlands' benefit. If she was receiving a payment under the National Assistance Act, there might be a reduction in that when Australian benefit is granted.
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HOW DO I FIND OUT MORE?
Please contact FaHCSIA International Branch.
For information on claim procedures and payments, call Centrelink International Services on 13 1673. Or you can write to them at:
GPO Box 273
Hobart TAS 7001
For information on how the Agreement will assist seconded workers, contact the Australian Taxation Office.