GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) is in Australia, Canada or that third State,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 Paragraph 1 shall not apply to a claimant for a wife’s pension or carer’s pension who has never been an Australian resident.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 Where a person has been an Australian resident for a period that is: (a) less than the period as an Australian resident required to qualify him or her under the legislation of Australia for a benefit; and (b) equal to or greater than the minimum period identified in accordance with paragraph 6 for that person, but has accumulated both a period of residence in Australia and a Canadian creditable period which, when added together, are equal to or greater than the minimum period required for qualification for that benefit by the legislation of Australia, that Canadian creditable period shall be deemed, for the purposes of a claim for that benefit, to be a period in which that person was an Australian resident.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) less than the period as an Australian resident required to qualify him or her under the legislation of Australia for a benefit; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) equal to or greater than the minimum period identified in accordance with paragraph 6 for that person,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
but has accumulated both a period of residence in Australia and a Canadian creditable period which, when added together, are equal to or greater than the minimum period required for qualification for that benefit by the legislation of Australia, that Canadian creditable period shall be deemed, for the purposes of a claim for that benefit, to be a period in which that person was an Australian resident.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 In the case of a claim by a person for an invalid pension or pension payable to a widow, paragraph 1 shall apply only to a Canadian creditable period accumulated by that person under the Canada Pension Plan .
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 3
3 For the purposes of a claim by a person for a pension payable to a widow, that person shall, subject to Article 9, be deemed to have accumulated a Canadian creditable period for any period for which her spouse accumulated a creditable period under the Canada Pension Plan but any period during which the person and her spouse both accumulated Canadian creditable periods under the Canada Pension Plan shall be taken into account once only.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 4
4 For the purposes of paragraph 1, where a person: (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and (b) has accumulated a Canadian creditable period in two or more separate periods that exceed in total the minimum period referred to in subparagraph (a), the total of the Canadian creditable periods shall be deemed to be one continuous period.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) has accumulated a Canadian creditable period in two or more separate periods that exceed in total the minimum period referred to in subparagraph (a),
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
the total of the Canadian creditable periods shall be deemed to be one continuous period.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 5
5 For the purposes of this Article: (a) where a period of residence in Australia and a Canadian creditable period coincide, the period of coincidence shall be taken into account once only as a period in which that person was an Australian resident; and (b) a Canadian creditable period accumulated under the Old Age Security Act which coincides with a Canadian creditable period accumulated under the Canada Pension Plan shall be taken into account once only.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) where a period of residence in Australia and a Canadian creditable period coincide, the period of coincidence shall be taken into account once only as a period in which that person was an Australian resident; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) a Canadian creditable period accumulated under the Old Age Security Act which coincides with a Canadian creditable period accumulated under the Canada Pension Plan shall be taken into account once only.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 6
6 The minimum period of residence in Australia which a person must have accumulated before paragraph 1 applies shall be as follows: (a) for an Australian benefit other than an invalid pension, the minimum period required shall be one year of which at least six months must be continuous; and (b) for an invalid pension, the minimum period required shall be two years of which at least six months must be continuous.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) for an Australian benefit other than an invalid pension, the minimum period required shall be one year of which at least six months must be continuous; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) for an invalid pension, the minimum period required shall be two years of which at least six months must be continuous.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 Where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside Australia, the rate of that benefit shall be determined according to the social security laws of Australia but: (a) disregarding in the computation of his or her income the guaranteed income supplement under the Old Age Security Act and the portion of the spouse’s allowance under that Act equivalent to the guaranteed income supplement and other Canadian federal, provincial or territorial payments of a similar character as mutually determined from time to time in letters exchanged between the Ministers respectively administering the legislation of Australia and Canada; and (b) by assessing as income to that person only a proportion of any other benefit received by that person under the legislation of Canada calculated by multiplying the number of whole months, plus one, accumulated by that person in a period of residence in Australia, but not exceeding 300, by the amount of that benefit and dividing that product by 300.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) disregarding in the computation of his or her income the guaranteed income supplement under the Old Age Security Act and the portion of the spouse’s allowance under that Act equivalent to the guaranteed income supplement and other Canadian federal, provincial or territorial payments of a similar character as mutually determined from time to time in letters exchanged between the Ministers respectively administering the legislation of Australia and Canada; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) by assessing as income to that person only a proportion of any other benefit received by that person under the legislation of Canada calculated by multiplying the number of whole months, plus one, accumulated by that person in a period of residence in Australia, but not exceeding 300, by the amount of that benefit and dividing that product by 300.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 Where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined according to the legislation of Australia but, subject to paragraph 5, disregarding in the computation of his or her income any Canadian benefit which that person is entitled to receive, and deducting the amount of that Canadian benefit from the rate of Australian benefit which would otherwise be payable to that person.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 3
3 Where the rate of a benefit calculated in accordance with paragraph 2 is less than the rate of that benefit which would be payable under paragraph 1 if the person concerned were outside Australia, the first-mentioned rate shall be increased to an amount equivalent to the second-mentioned rate.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 4
4 For the purposes of paragraph 3, a comparison of the rates of a benefit determined in accordance with paragraphs 1 and 2 shall be made as at: (a) the date of the first pension pay-day occurring after the date on which the claim for the benefit was lodged; and (b) each anniversary of that pension pay-day for so long as the person concerned is entitled to the benefit, using, in that comparison, the number of months in the period of residence in Australia accumulated by the person at the date as at which the comparison is made.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) the date of the first pension pay-day occurring after the date on which the claim for the benefit was lodged; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) each anniversary of that pension pay-day for so long as the person concerned is entitled to the benefit, using, in that comparison, the number of months in the period of residence in Australia accumulated by the person at the date as at which the comparison is made.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 5
5 For the purposes of paragraph 2, where one or other, or both, of a person and his or her spouse are entitled to receive a Canadian benefit, the total of the Canadian benefits payable to that person and his or her spouse shall be apportioned equally between them and disregarded in the computation of their respective incomes, and the amount so apportioned shall be deducted from the amount of Australian benefit that would otherwise be payable to each of them.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 6
6 An Australian benefit that is payable only by virtue of this Agreement to a person who: (a) was an Australian resident on 8 May 1985; and (b) commences to receive that benefit before 1 January 1996 shall be paid, during any absence of that person from Australia that commences before 1 January 1996, at a rate calculated in accordance with paragraphs 2 and 3.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) was an Australian resident on 8 May 1985; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) commences to receive that benefit before 1 January 1996
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
shall be paid, during any absence of that person from Australia that commences before 1 January 1996, at a rate calculated in accordance with paragraphs 2 and 3.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 7
7 As soon as practicable after an exchange of letters in which Canadian federal, provincial or territorial payments are mutually determined for the purposes of subparagraph 1(a), the Minister administering the legislation of Australia shall cause to be published in the Commonwealth of Australia Gazette a notice specifying those Canadian payments.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
For the purposes of this Agreement, a person who receives an Australian wife’s pension or carer’s pension due to the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall be deemed to receive that pension by virtue of this Agreement.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Where, under the legislation of Australia, a widow lodges a claim for a pension payable to a widow, matters which concern her former spouse and affect that claim shall be considered for the purposes of that claim by reference only to her last-deceased spouse who was her husband or was a man in respect of whom she satisfies the conditions specified in subparagraph (ii) of the definition of “widow” in Article 1.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 Subject to paragraph 3, if a person is not entitled to a benefit on the basis of his or her Canadian creditable periods, eligibility for that benefit shall be determined by totalising these periods and those specified in paragraph 2.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) For the purposes of determining eligibility for a benefit under the Old Age Security Act , a period of residence in Australia shall be considered as a period of residence in Canada.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) For the purposes of determining eligibility for a benefit under the Canada Pension Plan , a calendar year which includes a period of residence in Australia of at least six calendar months shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 3
3 For the purposes of this Article, where a Canadian creditable period and a period of residence in Australia coincide, the period of coincidence shall be taken into account once only as a Canadian creditable period.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be paid to that person outside Canada if the Canadian creditable period accumulated under the Old Age Security Act and period of residence in Australia, when totalised as provided in Article 10, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) The amount of the pension payable shall, in this case, be calculated under the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that Act.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) If a person is not entitled to a pension or spouse’s allowance under the Old Age Security Act solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the Canadian creditable period accumulated under that Act and period of residence in Australia, when totalised as provided in Article 10, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated under the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that Act.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 3
3 Notwithstanding any other provision of this Agreement: (a) the competent authority of Canada shall not pay a pension under the Old Age Security Act to a person outside Canada unless his or her Canadian creditable period accumulated under that Act and period of residence in Australia, when totalised as provided in Article 10, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad; (b) a spouse’s allowance shall not be payable by virtue of this Agreement to a person who has not accumulated a Canadian creditable period of at least one year under the Old Age Security Act ; and (c) a spouse’s allowance and a guaranteed income supplement shall be paid outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) the competent authority of Canada shall not pay a pension under the Old Age Security Act to a person outside Canada unless his or her Canadian creditable period accumulated under that Act and period of residence in Australia, when totalised as provided in Article 10, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) a spouse’s allowance shall not be payable by virtue of this Agreement to a person who has not accumulated a Canadian creditable period of at least one year under the Old Age Security Act ; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (c)
(c) a spouse’s allowance and a guaranteed income supplement shall be paid outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s pension or death benefit solely on the basis of the periods creditable under the Canada Pension Plan , but is entitled to that benefit through the totalising of periods as provided in Article 10, the competent authority of Canada shall calculate the amount of the earnings-related portion of such benefit under the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under the Canada Pension Plan .
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 The amount of the flat-rate portion of the benefit payable by virtue of this Agreement shall, in a case referred to in paragraph 1, be determined by multiplying: (a) the amount of the flat-rate portion of the benefit determined under the Canada Pension Plan by (b) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under the Canada Pension Plan for entitlement to that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) the amount of the flat-rate portion of the benefit determined under the Canada Pension Plan
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under the Canada Pension Plan for entitlement to that benefit,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
but in no case shall that fraction exceed the value of one.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party is lodged with the competent authority of the other Party shall be treated, for all purposes concerning the matter to which it relates, as the date of lodgement of that document with the competent authority of the first Party.