Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:2:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 2 (pt 6/15)
Character Range: 28335–31196

the legislation of Australia but disregarding in that calculation any Italian benefit (including any Italian integration and/or social supplement and family benefit for dependants of pensioners) to which that person is entitled;

          (b) deducting that Italian benefit (including any Italian integration and/or social supplement and family benefit for dependants of pensioners) from the maximum rate of the Australian benefit; and

          (c) applying to the Australian benefit remaining, after the application of sub‑paragraph (b), the relevant rate calculation set out in the legislation of Australia, using as the person's income the result from the application of sub‑paragraph (a).

4. For the purposes of this Article and for the application of the legislation of Australia, where a member of a couple is, or both his or her partner are, entitled to receive an Italian benefit or benefits, each of them shall be deemed to be in receipt of one half of either the amount of that benefit or of the total of the benefits, as the case may be.

    ARTICLE 9

    Double Orphan Pension and Spouse Carer pension

1. Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died while that young person was an Australian resident, if that person and that young person were inhabitants of Australia, that pension shall, subject to the provisions of those laws, be payable while that person and that young person are residents of Italy.

2. For the purposes of qualification for a spouse carer pension under this Agreement, a person who is in Italy shall be regarded as being in Australia.

ARTICLE 10

Exclusion of Specified Italian Payments from the Australian Income Test

1. Subject to paragraph 3 of Article 8 and paragraph 2 of this Article, where a person receives or is entitled to receive a benefit under the legislation of Australia by virtue of this Agreement or otherwise and that person and or that person's partner receive an Italian benefit or benefits which include Italian integration and/or Italian social supplement and/or family benefits for dependants of pensioners, that integration, social supplement and family benefits for dependants of pensioners shall not be included as income for the purposes of assessing the rate of that Australian benefit.

2. For the purposes of this Article only, the term "benefit" shall include job search, newstart and sickness allowances payable under the social security laws of Australia.

    ITALIAN BENEFITS

    ARTICLE 11

    Totalisation of Periods of Contributions and Periods of Residence

    Totalisation for Italy

    1. Where a person to whom this Agreement applies has accumulated:

          (a) a period of credited contributions in Italy that is less than the period required to qualify