Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 6/10)
Character Range: 403804–406547

that person's income according to the legislation of Australia but disregarding in that calculation the Danish benefit received by that person;

        (b) deducting the amount of the Danish benefit received by that person from the maximum rate of that Australian benefit; and

        (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

6. Where a member of a couple is, or both that person and his or her partner are, in receipt of a Danish benefit or benefits, each of them shall be deemed, for the purpose of paragraph 5 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or total of both of those benefits, as the case may be.

7. If a person would receive an Australian benefit except for the operation of paragraph 5 or except for that person's failure to claim the benefit, then for the purposes of a claim by that person's partner for a payment under the legislation of Australia that person shall be deemed to receive that benefit.

PART IV—PROVISIONS RELATING TO DANISH BENEFITS

ARTICLE 9
General Provisions Governing Residence

1. For the purposes of this Article, the provisions of the Danish legislation that require a person to be permanently resident in the territory of Denmark before that person can be entitled to benefits shall not apply to an Australian resident unless he or she is claiming an anticipatory pension for social reasons.
2. Australian nationals shall be entitled to an anticipatory pension provided that in the qualifying period laid down in the Social Pensions Act they have been physically and mentally capable of carrying on their normal occupation for a continuous period of residence of not less than 12 months in the territory of Denmark.

3. Entitlement to anticipatory pension awarded for social reasons in respect of Australian nationals shall be subject to the additional condition that they have been permanently resident in the territory of Denmark for a period of not less than 12 months immediately before the time of submission of the claim for pension and that the need for pension arose while they were resident in the territory of Denmark.

4. Notwithstanding Article 4 of this Agreement, a Danish national resident in the territory of Australia shall not be entitled to the award of an anticipatory pension for social reasons.

ARTICLE 10
Special Residence Requirements

The provisions laid down in the Social Pensions Act making periods of residence outside Denmark, for the purpose of training, equivalent to residence in the territory of Denmark in the calculation