Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 8/14)
Character Range: 663299–666160

that person for the purposes of calculating the rate of the Australian benefit, only a proportion of the assessable Norwegian benefit which is received by that person, and if applicable by that person's partner, shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months in that person's period of Australian working life residence (not exceeding 300 months) by the amount of the assessable Norwegian benefit and dividing the product by 300.

     4. The provisions of paragraphs 1 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

     5. A person referred to in paragraph 3 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person's Australian benefit is proportionalised under Australian legislation.

     6. Subject to the provisions of paragraph 8, 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:

        (a) calculating that person's income according to Australian legislation, but disregarding in that calculation the Norwegian benefit received by that person, and, if applicable, by that person's partner;

        (b) deducting the amount of the Norwegian 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 Australian legislation, using as the person's income the amount calculated under subparagraph (a).

     7. The provisions of paragraph 6 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

     8. If an Australian benefit is only payable by virtue of this Agreement to a person under paragraph 6 and the rate of the benefit calculated is less than the rate of the same benefit which would be payable under paragraph 3, the first‑mentioned rate shall be increased to the second‑mentioned rate.

     9. Where a member of a couple is, or both that person and his or her partner are, in receipt of a Norwegian benefit or benefits, each of them shall be deemed, for the purpose of paragraph 6 and for Australian legislation, 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.

    PART IV

    PROVISIONS RELATING TO NORWEGIAN BENEFITS

    ARTICLE 18

    Totalisation for Norway

     1. In order to become entitled to a social insurance benefit under Norwegian legislation, periods of Australian working life residence and insurance periods completed under Norwegian legislation shall, if necessary, be totalised, provided that the person concerned has completed at least

        (a) one