Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 7/13)
Character Range: 162744–165717

shall be determined as follows:

        (a) the Competent Institution shall determine, according to its own provisions, the amount of the benefit corresponding to the duration of the Spanish creditable periods completed only under its legislation.
        (b) the Competent Institution shall also examine the entitlement considering the provisions of Article 11.  If, in application of it, entitlement to pension is obtained, the following rules shall apply for the calculation of the amount:

             (i) the Competent Institution shall determine the theoretical benefit to which the claimant would be entitled as if all the Spanish creditable periods and/or Australian working life residence totalised had been accomplished under its legislation;

             (ii) the amount of the pension effectively due to the claimant, shall be that obtained after reducing the amount of the theoretical benefit to a pro‑rata pension, according to the period of insurance completed exclusively under the legislation of Spain and all the  Spanish creditable periods and Australian working life residence completed in the two Parties; and

             (iii) in no case shall the sum of the Spanish creditable periods and the periods of Australian working life residence be taken to exceed the maximum period established by the legislation of Spain in regard to the benefit in question.

    2. Once the entitlement of the claimant has been established according to subparagraphs 1(a) and (b) the Competent Institution shall assign the most favourable benefit.

ARTICLE 14
Recognition of insurance periods in specific professions

If the legislation of Spain provides that in the determination of entitlement to or the granting of certain benefits there is a requirement that the Spanish creditable periods have been completed in a specific activity or specific employment, periods of Australian working life residence shall be taken into account when they have been carried out in a similar activity or employment.

ARTICLE 15
Determination of Regulating Base

For the purposes of determining the regulating base to calculate benefits to which the provisions of sub‑paragraph 1(b) of Article 13 apply, the Competent Institution will take into account the actual contributions the insured person has credited in Spain during the years immediately preceding the payment of the last contribution to the Spanish Social Security.  The amount of the benefit derived will be increased for each successive year by the amount of the increases and revaluations set for benefits of the same kind.

ARTICLE 16
Specific Conditions for Acknowledging Entitlement

    1. If Spanish legislation conditions the granting of the benefits regulated under this Part to a 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