Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 9/13)
Character Range: 168180–170902

21
Family Benefits for a Dependent Child and Additional Child Amount

    1. In applying its income test for additional child amount, Australia shall not take into account, as income, Spanish family benefits for a dependent child.

    2. In applying its income test for family benefits for a dependent child, Spain shall not take into account, as income, Australian additional child amount.

PART VI ‑ MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

ARTICLE 22
Lodgement of Documents

    1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in either Party in accordance with administrative arrangements made pursuant to Article 27 at any time after the Agreement enters into force.

    2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of one Party, shall be considered as the date of lodgement of that document with the Competent Institution of the other Party.  The Competent Institution with which a claim, notice or appeal is lodged shall refer it without delay to the Competent Institution of the other Party.

    3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party so long as the claimant has indicated in that claim that there is, or there was, an affiliation with the social security system of that other Party.
    4. In relation to Australia, the reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or administratively for the purposes of, the social security laws of Australia.

ARTICLE 23
Determination of Claims

    1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:

         (a) a period as an Australian resident and a Spanish creditable period; and
         (b) any event or fact which is relevant to that entitlement,

    shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.

    2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force.

ARTICLE 24
Recovery of overpayments

1. If:

        (a) the Competent Institution of one Party discovers (at the time of settlement or review of a benefit included in Article 2) that a person has