GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
disability support pension means a disability support pension payable under the legislation of Australia to a person who is severely disabled;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
legislation means, in relation to a Party, the laws specified in Article 2 in relation to that Party;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
partner when used in relation to the grant, payment or calculation of rate of an Australian benefit, means partner as defined in the legislation of Australia;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
period of Australian working life residence means, in relation to a person, a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 6 to be a period in which that person was an Australian resident;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
previous agreement means the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia signed on the fourth day of July 1988, as amended by a Protocol signed on the eleventh day of October 1990;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (i)
social security laws means: (i) in relation to Australia, the Acts forming the social security law, including regulations made thereunder, as amended; and (ii) in relation to Canada, the laws specified in subparagraph 1(b) of Article 2;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (i)
(i) in relation to Australia, the Acts forming the social security law, including regulations made thereunder, as amended; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (ii)
(ii) in relation to Canada, the laws specified in subparagraph 1(b) of Article 2;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
widowed person means, in relation to Australia, a person who stops being a partnered person because of the death of the person’s partner, but does not include a person who has a new partner.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 In the application by a Party of this Agreement to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the social security laws of either Party or, in the event of a conflict of meaning, by whichever of those laws is the more applicable to the circumstances of that person.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or replace them: (a) in relation to Australia, the Acts and regulations forming the social security law to the extent they provide for and apply to: (i) age pensions; (ii) disability support pensions; (iii) carer payments; (iv) pensions payable to widowed persons; and (v) additional child amount payable to persons in receipt of the above benefits; and (b) in relation to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) in relation to Australia, the Acts and regulations forming the social security law to the extent they provide for and apply to: (i) age pensions; (ii) disability support pensions; (iii) carer payments; (iv) pensions payable to widowed persons; and (v) additional child amount payable to persons in receipt of the above benefits; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (iv)
(iv) pensions payable to widowed persons; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (v)
(v) additional child amount payable to persons in receipt of the above benefits; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) in relation to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (i)
(i) the Old Age Security Act and the regulations made thereunder; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (ii)
(ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 In relation to Australia, the legislation to which this Agreement applies shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any agreement on social security.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 This Agreement shall apply to laws of a Party which extend the existing legislation of that Party to new categories of beneficiaries unless the competent authority of that Party communicates in writing an objection in regard to those laws to the competent authority of the other Party within 60 days of the date on which those laws receive Royal Assent.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 4
4 Where, under the legislation of Australia, a new category of beneficiaries has arisen as described in paragraph 3, no qualification for benefits in that category shall exist until the expiration of the period set out in that paragraph.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
This Agreement shall apply to any person who: (a) is or has been an Australian resident; or (b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions pursuant to the Canada Pension Plan and, where applicable, to any partner, spouse, common-law partner, dependent or survivor of such a person.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) is or has been an Australian resident; or
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions pursuant to the Canada Pension Plan
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
and, where applicable, to any partner, spouse, common-law partner, dependent or survivor of such a person.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she: (a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision for co operation in the assessment and determination of claims for benefits; and (b) is in Australia, Canada or that third State that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision for co operation in the assessment and determination of claims for benefits; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) is in Australia, Canada or that third State
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 Paragraph 1 shall not apply to a claimant for a benefit who has never been an Australian resident.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated: (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, for a benefit under the legislation of Australia; and (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 6 for that person, and has accumulated a Canadian creditable period, then for the purposes of a claim for that Australian benefit, that Canadian creditable period shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, for a benefit under the legislation of Australia; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 6 for that person,
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
and has accumulated a Canadian creditable period, then for the purposes of a claim for that Australian benefit, that Canadian creditable period shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 In the case of a claim by a person for a disability support pension or pension payable to a widowed person, paragraph 1 shall apply only to a Canadian creditable period accumulated by that person under the Canada Pension Plan .
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 For the purposes of a claim by a person for a pension payable to a widowed person, that person shall be deemed to have accumulated a Canadian creditable period for any period for which the person’s partner accumulated a creditable period under the Canada Pension Plan but any period during which the person and the partner both accumulated Canadian creditable periods under the Canada Pension Plan shall be taken into account once only.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
the total of the Canadian creditable periods shall be deemed to be one continuous period.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 5
5 For the purposes of this Article: (a) where a period of Australian working life residence 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) where a period of Australian working life residence 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 6
6 The minimum period to be taken into account for the purposes of subparagraph 1(b) shall be, for a person who is residing outside Australia, a minimum period of Australian working life residence of one year, of which at least 6 months must be continuous and for an Australian resident, no minimum shall apply.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Subject to paragraph 2, 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 calculation of his or her income: (i) the guaranteed income supplement under the Old Age Security Act ; (ii) the portion of the allowance under that Act equivalent to the guaranteed income supplement; and (iii) other Canadian federal, provincial or territorial welfare payments of a similar character which are income or means tested, as mutually agreed by the competent authorities; and (b) by assessing as income of that person and, where applicable that person’s partner, only a proportion of any other benefit received by that person and, where applicable that person’s partner, under the legislation of Canada calculated by multiplying the number of whole months, plus one, accumulated by that person in a period of Australian working life residence, but not exceeding 300, by the amount of that benefit and dividing that product by 300.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) disregarding in the calculation of his or her income: (i) the guaranteed income supplement under the Old Age Security Act ; (ii) the portion of the allowance under that Act equivalent to the guaranteed income supplement; and (iii) other Canadian federal, provincial or territorial welfare payments of a similar character which are income or means tested, as mutually agreed by the competent authorities; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (i)
(i) the guaranteed income supplement under the Old Age Security Act ;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (ii)
(ii) the portion of the allowance under that Act equivalent to the guaranteed income supplement; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (iii)
(iii) other Canadian federal, provincial or territorial welfare payments of a similar character which are income or means tested, as mutually agreed by the competent authorities; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) by assessing as income of that person and, where applicable that person’s partner, only a proportion of any other benefit received by that person and, where applicable that person’s partner, under the legislation of Canada calculated by multiplying the number of whole months, plus one, accumulated by that person in a period of Australian working life residence, but not exceeding 300, by the amount of that benefit and dividing that product by 300.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in subparagraph 1(b) for any period during which the rate of that person’s Australian benefit is proportionalised under the legislation of Australia.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 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 by: (a) calculating that person’s income according to the Australian legislation but disregarding in that calculation any Canadian benefit to which the person or the person’s partner is entitled; (b) deducting that Canadian benefit from the maximum rate of that Australian benefit; and (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the Australian legislation, using as the person’s income the amount calculated under subparagraph (a).
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) calculating that person’s income according to the Australian legislation but disregarding in that calculation any Canadian benefit to which the person or the person’s partner is entitled;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) deducting that Canadian benefit from the maximum rate of that Australian benefit; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (c)
(c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the Australian legislation, using as the person’s income the amount calculated under subparagraph (a).
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 4
4 Where the rate of a benefit calculated in accordance with paragraph 3 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 5
5 For the purposes of paragraph 4, a comparison of the rates of a benefit determined in accordance with paragraphs 1, 2 and 3 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 Australian working life residence accumulated by the person at the date as at which the comparison is made.