Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p11
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 11/15)
Character Range: 314146–316803

V‑ MISCELLANEOUS PROVISIONS

ARTICLE 24
Lodgement of Documents

    1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in accordance with administrative arrangements made pursuant to Article 28 at any time after the Agreement enters into force.

    2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of one Party shall be considered as the date of lodgement of that document with the Competent Institution of the other Party.  The Competent Institution with which a claim, notice or appeal is lodged shall refer it without delay to the Competent Institution of the other Party.

    3. The reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or administratively for the purposes of, the respective legislation.

ARTICLE 25
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 a Portuguese insurance period; and

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

     shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.

    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 in no case shall that date be a date earlier than the date on which this Agreement enters into force.

    3. Where:

         (a) a benefit is paid or payable by a Party to a person in respect of a past period;

         (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and

         (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;

     then:

    the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period shall be a debt due by that person to the other Party.

    4. Where the first Party has not yet paid the arrears of benefit described in paragraph 3 to the person:

         (a) that Party shall, at the request of the other Party, pay the amount of the debt