Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 8/15)
Character Range: 535270–538032

legislation of Australia, using as the person's income the amount calculated under sub‑paragraph (a); and

(c) proportionalising, if applicable, the amount of benefit calculated under sub‑paragraph (b) according to the person's period of Australian working life residence, by multiplying that amount by the person's residence factor as specified in the legislation of Australia.

2. The provisions of paragraph 1 will continue to apply for 26 weeks when a person temporarily comes to Australia.

3. Subject to the provisions of paragraphs 4 and 5, where an Australian benefit is payable by virtue of this Agreement to a person who is in Australia, and who does not have 10 years Australian residence, the rate of that benefit shall be determined by:

(a) subject to the provisions of Article 17, deducting the amount of the Chilean benefit which that person is entitled to receive from the maximum rate of Australian benefit;

(b) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Chilean benefit which that person or the partner of that person is entitled to receive, if applicable; and

(c) applying to the remaining benefit obtained under subparagraph (a) the relevant rate calculator set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (b).

    4. The provisions of paragraph 3 will continue to apply for 26 weeks when a person temporarily leaves Australia.

5. Where a member of a couple is, or both that person and his or her partner are in receipt of a Chilean benefit or benefits, each of them shall be deemed, for the purpose of paragraphs 1 and 3 and for the legislation of Australia, to be in receipt of half of either the amount of that benefit or the total of both those benefits as the case may be.

6. For the purposes of paragraph 1 a benefit, in relation to Australia, does not include rent assistance, pharmaceutical allowance or any other allowance payable only within Australia or during a temporary period of absence according to the social security laws of Australia.

ARTICLE 17

Exclusion of Chile's Mercy Payments from the Australian income test

1. Where a person receives or is entitled to receive a benefit under the social security laws of Australia:

(a) monthly payments made under Chilean Law number 19.123 (mercy payments); and

(b) periodical monthly mercy payments made under Chilean Law number 19.234 and its amendments,

    shall not be included for the purpose of assessing the rate of that Australian benefit.

2. For the purposes of this Article only, the term benefit shall include all social security payments under the social security laws of Australia.

PART V

CHILEAN BENEFITS

ARTICLE 18