Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p11
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 11/12)
Character Range: 142934–145649

creditable period; and
         (b) any event or fact which is relevant to that eligibility
     shall 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. Subject to paragraphs 4 and 6, the start 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 shall never be earlier than the date on which this Agreement enters into force.
    3. Subject to this Agreement, when this Agreement comes into force, the previous agreement shall terminate and persons who were receiving benefits by virtue of that agreement shall receive those benefits by virtue of this Agreement.
    4. When a person, due to the operation of paragraph 3 of this Article, receives a carer payment in Australia by virtue of this Agreement, the rate of that carer payment shall be determined according to the legislation of Australia.
    5. Where, on the date on which this Agreement enters into force, a person:
         (a) is in receipt of a benefit under the legislation of either Party by virtue of the previous agreement; or
         (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit,
    no provision of this Agreement shall affect that person's qualification to receive that benefit.
    6. An Australian benefit that is payable only by virtue of the previous agreement to a person who:
         (a) was an Australian resident on 8 May 1985; and
         (b) commenced to receive that benefit before 1 January 1996
    shall be paid, during any absence of that person from Australia that commenced before 1 January 1996, at a rate calculated in accordance with paragraphs 3 and 4 of Article 7 of this Agreement.
    7. Where, after the entry into force of this Agreement, a person:
         (a) applies for a benefit under the legislation of Canada; and
         (b) would have been eligible for that benefit under the provisions of the previous agreement, with a commencement date determined in accordance with the legislation of Canada which is prior to the date of entry into force of this Agreement,
    the competent institution of Canada shall pay that benefit to that person with effect from that commencement date.  This shall also be the case in regard to an application for a benefit which is received prior to the entry into force of this Agreement but on which the competent institution of Canada has not yet taken a decision when this Agreement enters into force.
    8. A death benefit under the Canada Pension Plan shall not