The Social Security (Australia) Order 1987

• Citation: S.I. 1987/935
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as the Social Security (Australia) Order 1987 and shall come into force on 18th May 1987.

Section 2 Modification of Act and Variation of Orders

The Social Security Act 1975 shall be modified and the Family Allowances and National Insurance (Australia) Order 1958, the Family Allowances and National Insurance (Australia) Order 1962 and the Social Security (Australia) Order 1975 shall be varied so as to give effect to the agreement made on 31st December 1986 the terms of which are contained in the Note from the Australian High Commissioner to the Secretary of State for Foreign and Commonwealth Affairs which is set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.

Section 3

The provisions of this Article shall not apply to a person—

(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working holiday; or

(b) who is in the United Kingdom by virtue only of his having obtained leave to enter that country given in accordance with any provision of the immigration rules (as defined in section 33(1) of the Immigration Act 1971 of the United Kingdom) which required him to satisfy an immigration officer at the date upon which that obligation last arose that—

(i) he was seeking permission to enter the United Kingdom for an extended holiday, and

(ii) he intended to take only employment within the United Kingdom which was incidental to that holiday.

Section 4

For the purposes of any claim to invalidity pension under the legislation of the United Kingdom, any period in respect of which a person was qualified to receive a sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit or invalidity pension completed under the legislation of the United Kingdom.