Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p11
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 11/13)
Character Range: 751242–754022

that it be considered as an application under the legislation of the other Contracting Party; or

       (c) provides information indicating that periods of coverage have been completed under the legislation of the other Contracting Party.

   4. In any case to which paragraphs 1, 2 or 3 applies, the Competent Authority or agency to which the claim, notice or appeal has been submitted shall indicate the date of receipt of the document and transmit it without delay to the Competent Authority or agency of the other Contracting Party.

   5. In relation to Australia, the reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or administratively for the purposes of, the social security laws of Australia.

Article 24
Currency

   1. The agency of a Contracting Party may pay benefits in accordance with this Agreement in the currency of that Contracting Party.

   2. In the event that a Contracting Party imposes currency controls or other similar measures that restrict payments, remittance or transfers of funds or financial instruments to persons who are outside that Contracting Party, it shall, without delay, take appropriate measures to ensure the payment of any amount that must be paid in accordance with this Agreement to persons described in Article 3 who reside in the other Contracting Party.

  Article 25
  Payment of Benefits

   1. This Agreement shall not establish any right to payment of a benefit for any period before the date of the entry into force of this Agreement.

   2. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:

       (a) a period as an Australian resident and a period of coverage in Korea; and

       (b) any event or fact which is relevant to that eligibility or entitlement;

   shall, subject to this Agreement, 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. However, the agency of neither Contracting Party shall be required to take into account periods of coverage or residence which occurred prior to the earliest date for which periods of coverage or residence may be credited under its legislation.

   3. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legislation of Australia which prohibit the payment of a benefit to a former Australian resident who returns to Australia becoming again an Australian resident, and lodges a claim for an Australian benefit and again leaves Australia within a specified period of time.

  Article 26
  Resolution of Disputes