Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 9/15)
Character Range: 308827–311635

member of a couple is, or both that person and his or her partner are, entitled to a Portuguese benefit or benefits, each of them shall be deemed, for the purpose of paragraph 5 and for the legislation of Australia, to receive one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

    7. The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

SECTION II – PORTUGUESE BENEFITS

SUB‑SECTION I – OLD‑AGE, INVALIDITY AND SURVIVORS' PENSIONS

ARTICLE 18
Totalisation for Portugal

    1. For the purposes of this Agreement, when insurance periods completed under the Portuguese legislation are:

         (a) less than the period required for the acquisition, retention or recovery of the right to benefits under that legislation, and

         (b) have the duration of at least one calendar year

    then the periods of Australian working life residence shall be deemed as Portuguese insurance periods provided that they do not coincide.

    2. For the purposes of this Article the upper age limit for a woman, set in the definition of a period of Australian working life residence in the legislation of Australia, shall be raised to the age pension age for a woman for the purposes of claiming an old age pension under the legislation of Portugal.

ARTICLE 19
Rules for the Granting of Portuguese Pensions

    1. Subject to paragraph 3, the Portuguese Competent Institution shall determine the rate of Portuguese benefits in accordance with Portuguese legislation and, in relation to old age pension, invalidity pension and survivors' pension, the calculation shall be based directly and exclusively on Portuguese insurance periods and equivalents completed under Portuguese legislation.

    2. If the total of any pensions paid by both Parties to a person residing in Portugal is less than the minimum pension fixed by Portuguese legislation, the Competent Institution of Portugal will pay to that person an amount equal to that difference.

    3. For the purposes of calculating any supplement to be paid by Portugal to an Australian resident to bring Portuguese benefit paid, other than by virtue of this Agreement, to that person to the minimum level fixed by Portuguese legislation, any Australian benefit paid to that person by virtue of this Agreement shall not be taken into account.

    4. Entitlement to Portuguese pensions paid by virtue of this Agreement shall have regard to occupational activity carried out in the territory of Australia as if that activity was carried out in the territory of Portugal.

    5. In the assessment of income for the calculation of the rate of a spouse's supplement under the legislation of Portugal, wife pension payable under the legislation