Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 2/16)
Character Range: 417505–420499

or the person's employer was subject to the laws specified in subparagraph 1(b)(ii) of Article 2;
          but does not include any United States period of coverage deemed pursuant to Article 9 to be a period in which that person was an Australian resident.
         (h) "social security laws" means, in relation to Australia, all the Acts forming the social security law without any limitation, including the limitation imposed by Article 2.
         (i) "United States period of coverage" means a period credited as a quarter of coverage under the laws of the United States, or any equivalent period that may be used to establish the right to a benefit under the laws of the United States;
         (j) "widowed person" means, in relation to Australia, a person who stops being a partnered person because of the death of the person's partner, but does not include a person who has a new partner.
    2. Any term used in this Agreement and not defined in this Article shall have the meaning assigned to it in the applicable laws.

Article 2
Scope
    1. For the purpose of this Agreement, the applicable laws are:
         (a) As regards the United States, the laws governing the Federal old‑age, survivors, and disability insurance program:
             ‑ Title II of the Social Security Act and regulations pertaining thereto, except sections 226, 226A and 228 of that title and regulations pertaining to those sections,
             ‑ Chapters 2 and 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters;
         (b) As regards Australia,
             (i) the Acts forming the social security law insofar as the law provides for, applies to or affects the following benefits:
                  (A) age pension;
                  (B) disability support pension for the severely disabled;
                  (C) pensions payable to widowed persons; and
                  (D) carer payment.
             (ii) the law concerning the superannuation guarantee (which at the time of signature of this Agreement is contained in the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations).
    2. Notwithstanding the provisions of paragraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into force and who are the wives of:
         (a) persons receiving age pension; or
         (b) persons receiving disability support pension for the severely disabled.
    3. Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include treaties or other international agreements on social security that may be concluded between one of the Parties and a third State, or laws or regulations promulgated for their specific implementation.
    4. This Agreement shall also apply to future laws which amend or supplement the laws specified in paragraph 1 of this Article.

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