Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 5/12)
Character Range: 127566–130402

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.
    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.
    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).
    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.
    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.
    6. For the purposes of paragraph 3, where one or the other, or both, of a person and his or