Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 2/13)
Character Range: 149766–152753

period;

    "spouse", in relation to Australia, means a partner;

    "widowed person" means, in relation to Australia, a de jure widow or widower but does not include a widow or widower who has a partner.

    2. In the application of this Agreement by a Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the legislation of that Party.

ARTICLE 2
Legislative Scope

    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 forming the social security law in so far as the law provides for and in relation to the following benefits:

              (i) age pension;

              (ii) disability support pension for the severely disabled;

              (iii) wife pension;

              (iv) carer payment;

              (v) pensions payable to widowed persons;

              (vi) double orphan pension;

              (vii) additional child amount; and

       (b) in relation to Spain:

    the legislation concerning the social security system in as far as it concerns the following benefits:

             (i) cash benefits for temporary incapacity for work in cases of ordinary illness, or non‑work related accident;

             (ii) cash benefits for maternity and risk during pregnancy;

             (iii) benefits for permanent incapacity for ordinary illness and non‑work related accident, retirement, death and survivorship;

     (iv) family benefits for a dependent child;

     (v) unemployment benefits; and

(vi) work accidents and  occupational diseases.
    2. Notwithstanding the provisions of paragraph 1 the legislation of Australia 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 reciprocal agreement on social security entered into by either Party.

ARTICLE 3
Personal Scope

This Agreement shall apply to any person who:

         (a) is or has been an Australian resident, or

         (b) is or has been subject to the legislation of Spain,

and where applicable, to any spouse, dependant or survivor of such a person.

ARTICLE 4
Equality of Treatment

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.

ARTICLE 5
Portability of benefits

    1. Subject to paragraph 4, benefits of one Party when payable under this Agreement will be paid in the other Party.

    2. Where the legislation of a Party provides or allows that a benefit is payable outside Australia or Spain, as the case may be, then that benefit, when payable by virtue of this Agreement, is also payable in a third country.

    3.