Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 6/13)
Character Range: 160205–163036

that Spanish benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and

        (c) applying to the Australian benefit remaining, after the application of sub‑paragraph (b), the relevant rate calculation set out in the legislation of Australia using as the person's income the amount calculated under sub‑paragraph (a).

    5. Where a member of a couple is, or both that person and his or her partner are entitled to a Spanish benefit or benefits, each of them shall be deemed, for the purposes of paragraphs 1 and 4 and for the legislation of Australia, to receive one half of the amount of the benefit or of the total of the two benefits as the case may be.

    6. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

PART IV – APPLICATION OF SPANISH LEGISLATION

ARTICLE 11
Totalisation for Spain

    1. Where this Agreement applies and there is a Spanish creditable period that is:

        (a) less than the period necessary to give a claimant entitlement to the benefit claimed under Spanish legislation; and
        (b) equal to or greater than the minimum period mentioned in paragraph 3 for that benefit,

     then any period of Australian working life residence by the contributor to whom that Spanish creditable period was credited shall be deemed to be a Spanish creditable period.

    2. For the purposes of this Article, where a Spanish creditable period and period of Australian working life residence coincide, the period of coincidence shall be taken into account once only as a Spanish creditable period.

    3. For the purposes of paragraph 1, at least one day as a Spanish creditable period shall be required.

    4. 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 65 years for the purposes of claiming a retirement pension under the legislation of Spain.

ARTICLE 12
Benefits for temporary incapacity and maternity and risk during pregnancy

For the granting of benefits for the temporary incapacity of a worker or maternity or risk during pregnancy of an employee, the totalisation of periods referred to in Article 11 shall be taken into account, if necessary.

ARTICLE 13
Retirement, permanent incapacity and survivors benefits

    1. Entitlement by virtue of this Agreement to retirement, permanent incapacity and survivors benefits under the legislation of Spain shall be determined as follows:

        (a) the Competent Institution shall determine, according to its own provisions, the amount of the benefit corresponding to the duration of the Spanish creditable periods completed only under its legislation.
        (b) the Competent Institution shall