Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 3/13)
Character Range: 183874–186607

regard to the rights they derive from the person described above.

ARTICLE 4

Equality of Treatment

Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement.

PART II – PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 5

Residence or Presence in Malta or a Third State

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which the claim for that benefit is lodged but:

     (a) is an Australian resident or residing in the territory of Malta or a third State with which Australia has implemented an agreement on social security that includes provision for co‑operation in the lodgement and determination of claims for benefits; and

     (b) is in Australia, or the territory of Malta or that third State,

that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

ARTICLE 6

Partner Related Australian Benefits

For the purposes of this Agreement, a person who receives an Australian wife pension due to the fact that the partner of that person receives, by virtue of this Agreement, another Australian benefit shall be deemed to receive that first‑mentioned benefit by virtue of this Agreement.

ARTICLE 7

Totalisation for Australia

    1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

         (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and

         (b) a period of Australian working life residence equal to or greater than the minimum period identified in accordance with paragraph 4; and

         (c) a period of insurance in Malta,

    then that period of insurance shall be deemed, to be a period in which that person was an Australian resident

         ‑ only if that Maltese period of insurance is considered by Malta to continue to be a Maltese period of insurance at the time of totalisation; and

          ‑  only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

    2. For the purposes of paragraph 1, where a person:

         (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of