Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 8/13)
Character Range: 165490–168434

person's having been subject to that legislation at the time of the event giving rise to a benefit, this condition will be deemed to be fulfilled if, at that time, the person is resident in Australia or, otherwise, is receiving an Australian benefit of the same or different nature but applicable to the beneficiary in his own right.

     The same principle will apply for determining entitlement to survivor pensions in order to take into account, if necessary, the resident or pensioner status of the claimant in Australia.

    2. If in order to determine entitlement to the Spanish benefit, Spanish legislation requires completion of creditable periods during a prescribed period of time immediately prior to the event giving rise to the Spanish benefit, this condition will be deemed to be fulfilled if the claimant has periods of Australian working life residence of an equivalent duration in the period of time immediately prior to qualifying for the Australian benefit.

    3. The reduction, suspension or withdrawal clauses provided for in Spanish legislation in the case of pensioners who engage in a working activity, will affect them even when they carry out such activity in Australia.

ARTICLE 17
Non‑contributory benefits

    1. Non‑contributory benefits of Spain's social security system shall be awarded to Australian nationals under the same conditions and with the same requirements as the legislation mentioned provides for Spanish nationals.

    2. In awarding the non‑contributory benefits referred to in paragraph 1, totalisation of periods of Australian working life residence under paragraph 1 of Article 11 shall not be applied.

ARTICLE 18
Unemployment Benefits

For the granting of unemployment benefits the totalisation of periods referred to in Article 11 shall, if necessary, be taken into account.

ARTICLE 19
Benefits for Accidents at Work and Occupational Diseases

Benefits related to incapacity due to work‑related accidents or occupational diseases according to Spanish legislation shall be paid by the Spanish Competent Institution whenever a person is subject to the legislation applied by it at the time the accident occurred or at the date the occupational disease has been contracted if that person has been pursuing an occupational activity likely to cause that disease according to the legislation of that Party.

ARTICLE 20
Voluntary Insurance

Persons to whom this Agreement applies shall be entitled to voluntary insurance under Spain's Social Security system in accordance with Spanish domestic legislation and for this purpose may, if required, totalise periods of Australian working life residence.

PART V – COMMON PROVISIONS

ARTICLE 21
Family Benefits for a Dependent Child and Additional Child Amount

    1. In applying its income test for additional child amount, Australia shall not take into account, as income, Spanish family benefits for a dependent child.

    2. In applying its