Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:18:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 18 (pt 7/15)
Character Range: 623723–626446

cost of living, the variation of wage levels or other causes, the Australian age pensions are changed by a given percentage or amount, it is not necessary to proceed to a new calculation of the Belgian old‑age or survivors' pensions.

    2. On the other hand, in case of modification of the rules or of the computation process with regard to the establishment of the old‑age or survivors' pensions, a new computation shall be performed according to article 13.

Chapter 2

Provisions concerning Australian age pensions

Article 15

Residence or presence in Belgium or a third State

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for an Australian pension except for not being an Australian resident and in Australia on the date on which the claim for that pension is lodged, but:

         a) is an Australian resident or a resident of Belgium or a third State with which Australia has concluded an agreement on social security that includes provision for cooperation in the lodgement, assessment and determination of claims for pensions; and

         b) is in Australia, or Belgium or that third State,

that person, so long as he or she has been an Australian resident at any time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

Article 16

Totalisation for Australia

    1. Where a person to whom this Agreement applies has claimed an Australian pension under this Agreement and has accumulated:

         a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that pension; and

         b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and

         c) a period of insurance in Belgium;

then, for the purposes of a claim for that Australian pension, that period of insurance in Belgium shall be deemed to be a period in which that person was an Australian resident, only for the purposes of meeting any minimum qualifying periods for that pension set out in the legislation of Australia.

    2. For the purposes of paragraph 1, where a person:

         a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a pension; and

         b) has accumulated a period of insurance in Belgium in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph a);

the total of the periods of insurance in Belgium shall be deemed