Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:33:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 33 (pt 6/16)
Character Range: 1088031–1090724

calculating that person's income according to the legislation of Australia, including any benefit payable under the legislation of the Republic of Serbia which that person or the partner of that person is entitled to receive;

2. applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph 1 of this paragraph; and

3. proportionalising the amount of benefit calculated under subparagraph 2 of this paragraph by multiplying that amount by the person's period of Australian working life residence (up to a maximum of 540 months) over a denominator of 540 months (45 years).

(2) Paragraph 1 of this Article shall continue to apply for 26 weeks where a person comes temporarily to Australia.

(3) Subject to paragraph 4 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:

1. calculating the person's income according to the legislation of Australia but disregarding in that calculation any benefit under the legislation of the Republic of Serbia which that person or the partner of that person is entitled to receive; and

2. deducting the amount of that benefit under the legislation of the Republic of Serbia which that person is entitled to receive from the maximum rate of Australian benefit; and

3. applying to the remaining benefit obtained under subparagraph 2 of this paragraph the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph 1 of this paragraph.

(4) Paragraph 3 of this Article shall continue to apply, for the period specified in the Social Security Act 1991 before which a person's pension becomes subject to proportionality, where a person departs temporarily from Australia.

(5) Where a member of a couple is, or both that person and his or her partner are, entitled to a benefit or benefits under the legislation of the Republic of Serbia each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of those benefits, as the case may be.

(6) For the purposes of paragraphs 1 and 2 of this Article, the Additional Child Amount shall be nil.

PART IV
PROVISIONS FOR BENEFITS UNDER THE LEGISLATION OF THE REPUBLIC OF SERBIA

Article 14
Totalisation

(1) Where a person to whom this Agreement applies has claimed a benefit under the legislation of the Republic of Serbia and has accumulated:

1. a period of insurance