Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 6/25)
Character Range: 466663–469547

entitled to receive the concessional assessment of income described in paragraph 2.
    4. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise, to a person who ordinarily resides in the Federal Republic of Germany, Australia shall disregard, when assessing the income of that person, any German social assistance and payments of a similar character provided in case of need insofar as they are proposed by the liaison agencies specified in Article 16 and jointly approved by the competent authorities and listed in the Administrative Arrangement (Verwaltungsvereinbarung).
    5. The provisions in paragraphs 1, 2 and 4 shall continue to apply for 26 weeks where a person comes temporarily to Australia.
    6. Subject to the provisions of paragraph 7, where an Australian benefit is payable only by virtue of the 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 the Australian legislation but disregarding in that calculation any German benefit to which the person is entitled;
          (b) deducting that German benefit 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 Australian legislation, using as the person's income the amount calculated under subparagraph (a).
    7. The provisions in paragraph 6 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
    8. Where a member of a couple is, or both that member and his or her partner are, entitled to a German benefit or benefits and/or any payment referred to in this Article, each of them shall be deemed, for the purposes of this Article and of the Australian legislation, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

Article 9
Payment of Australian benefits overseas
    1. Australian benefits are also payable into the territory of the Federal Republic of Germany.
    2. Where the Australian legislation provides that a benefit is payable outside the territory of Australia, then that benefit, when payable under this Agreement, is also payable outside the territories of both Contracting Parties.
    3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as references to the territory of the Federal Republic of Germany.
    4. Any provisions of Australian legislation which prohibit the payment of an Australian benefit to a former Australian resident who:
          (a) returns to Australia to again become an Australian resident;
          (b) claims an Australian benefit; and
          (c) departs Australia within a period