Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:8:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 8 (pt 7/14)
Character Range: 268620–271848

of any Irish benefit which is received by that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of that Irish benefit and dividing that product by 300.

    2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia.

    3. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Ireland, Australia shall disregard, when assessing the income of that person, any of the Irish payments listed hereunder:

         (i) back to education allowance;

         (ii) back to work allowance;

         (iii) blind pension;

         (iv) blind welfare allowance;

         (v) carer's allowance;

         (vi) child benefit;

         (vii) disability allowance;

         (viii) domiciliary care allowance;

         (ix) family income supplement;

         (x) farm assist;

         (xi) fuel allowance

         (xii) infectious diseases maintenance allowance;

         (xiii) mobility allowance;

         (xiv) old age (non‑contributory) pension;

         (xv) one‑parent family payment;

         (xvi) orphan's (non‑contributory) pension;

         (xvii) pre‑retirement allowance;

         (xviii) rent allowance;

         (xix) supplementary welfare allowance;

         (xx) unemployment assistance;

         (xxi) widow's and widower's (non‑contributory) pension;

         (xxii) any allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Act 1923 to 1980;

         (xxiii) any allowance under Article 14 of the Child Care (Placement of Children in Foster Care) Regulations 1995 or Article 15 of the Child Care (Placement of Children with Relatives) Regulations 1995;

    and any other payments of a similar nature proposed by the Competent Institutions specified in Article 1 and jointly approved by the Competent Authorities and listed in the Administrative Arrangement.

    4. The provisions in paragraphs 1 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

    5. Subject to the provisions of paragraph 6, 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 legislation of Australia but disregarding in that calculation any Irish benefits received by that person;

         (b) deducting the amount of any Irish benefits received by that person 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 legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

    6. Where a married person is, or both that person and his or her partner are, in