Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:18:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 18 (pt 8/15)
Character Range: 626217–628987

has accumulated a period of insurance in Belgium in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph a);

the total of the periods of insurance in Belgium shall be deemed to be one continuous period.

    3. For the purposes of this article, where a period by a person as an Australian resident and a period of insurance in Belgium coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

    4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:

         a) for the purposes of an Australian pension that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least six months must be continuous; and

         b) for the purposes of an Australian pension that is payable to an Australian resident, there shall be no minimum period.

Article 17

Calculation of Australian pensions

    1. Subject to paragraph 3, where an Australian pension is payable, whether by virtue of this Agreement or otherwise, to a person who is outside Australia, the rate of that pension shall be determined according to the legislation of Australia. When assessing the income of that person for the purposes of calculating the rate of the Australian pension, only a proportion of any Belgian pension shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months, not exceeding 300, of Australian working life residence used in the assessment of that person's Australian pension by the amount of Belgian pension and dividing that product by 300.

    2. Only a person receiving a proportionalised Australian pension shall be entitled to receive the concessional assessment of income in paragraph 1.

    3. The provision in paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

    4. Subject to paragraph 5, where an Australian pension is payable only by virtue of this Agreement to a person who is in Australia, the rate of that pension shall be determined by:

         a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Belgian pension which that person or the partner of that person is entitled to receive if applicable; and

         b) deducting the amount of the Belgian pension which that person is entitled to receive from the maximum rate of that Australian pension; and

         c) applying to the remaining pension obtained under subparagraph b) the relevant rate calculation set out in the legislation of Australia, using as the person's income