Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:30:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 30 (pt 6/12)
Character Range: 1006875–1009608

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 period identified in accordance with paragraph 4 for that person; and

         (c) an insurance period under the legislation of the Republic of Latvia

    then, only for the purpose of meeting any minimum qualifying period for that benefit set out in the legislation of Australia, the insurance period accumulated under the legislation of the Republic of Latvia shall be deemed to be a period in which that person was an Australian resident.

    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 Australia for entitlement of that person to a benefit; and

        (b) has accumulated an insurance period under the legislation of the Republic of Latvia in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a);

    the total of the insurance periods under the legislation of the Republic of Latvia 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 an insurance period under the legislation of the Republic of Latvia coincide, then this period 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 benefit 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 benefit that is payable to an Australian resident, there shall be no minimum period.

    5. For the purposes of this Article, an insurance period under the legislation of the Republic of Latvia shall be deemed to be a period as an Australian resident only if that insurance period is certified by the Competent Institution of the Republic of Latvia.

Article 12
Calculation of Australian Benefits

    1. Subject to paragraph 2, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the amount of that benefit shall be determined according to the legislation of Australia, but on the basis that the additional child amount is nil.

    2. Where a person comes temporarily to Australia, paragraph 1 shall continue to apply for 26 weeks from the date