Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:8:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 8 (pt 10/14)
Character Range: 276688–279424

accordance with the relevant contribution conditions under the legislation of Ireland taking account of the provisions of Article 13 (6).

PART V — MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

ARTICLE 15

Lodgement of Documents

    1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Parties in accordance with administrative arrangements made pursuant to Article 19 at any time after the Agreement enters into force.

    2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated, for the purposes of assessing entitlement to benefit, as the date of lodgement of that document with the Competent Institution of the first Party. The Competent Institution to which a claim, notice or appeal is lodged shall refer it without delay to the Competent Institution of the other Party.

    3. A claim for a benefit from one Party shall be considered as a claim for the corresponding benefit from the other Party if the claimant:

         (i) so requests; or

         (ii) provides information at the time of the application indicating that the person had a period of residence or contributions under the social security laws of the other Party.

    4. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or for the purposes of, the social security laws of Australia.

ARTICLE 16

Determination of Claims

    1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:

         (a) a period as an Australian resident and an Irish period of insurance; and

         (b) any event or fact which is relevant to that eligibility or entitlement,

    shall, subject to this Agreement, and to the relevant provisions of the social security laws of each Party, be taken into account in so far as those periods or those events or facts are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force.

    2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force.

    3. In the case of contingencies which occurred before the commencement of this Agreement the amount of a benefit under the legislation of Ireland due only by virtue of this Agreement shall be determined from the