Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p16
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 16/26)
Character Range: 90503–93198

shall therefore be eligible to receive relevant and applicable concessions under the social security law of Australia.

    4. Where a person outside of Australia is entitled to receive an Australian benefit under this Agreement, the amount of that benefit shall not include any supplementary benefit or allowance, except as payable to a person outside of Australia as provided by the social security law of Australia.

ARTICLE 16
Residence Issues

    1. Where there is doubt after having applied the definitions in Article 5 as to whether a person is a resident of Australia or New Zealand, the competent institutions of the Parties shall consult on the issue and shall decide in writing the country of residence of that person.

    2. Upon the decision being made under paragraph 1, that person shall be deemed to be a resident of that country

    3. If the facts on which a decision was made under paragraph 1 change in regard to the person, the competent institution of a Party may initiate action under paragraph 1 on the basis that there is new doubt as to the residency of the person.

PART V
COMMON PROVISIONS RELATING TO BENEFIT PAYMENTS

ARTICLE 17
Lodgement of Documents

    1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Party in accordance with administrative arrangements made pursuant to Article 21 at any time after the Agreement enters into force.

    2. For the purpose of determining the right to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the competent institution of one Party shall be considered as the date of lodgement of that document with the competent institution of the other Party.  The competent institution with which a claim, notice or appeal is lodged shall refer it without delay to the competent institution of the other Party.

    3. The reference in paragraph 2 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by, or administratively for the purposes of, their respective legislation.

    4. The date on which a claim for a benefit under the legislation of one Party is lodged with the competent institution of that Party shall be considered to be the date on which a claim for the corresponding benefit under the legislation of the other Party was lodged if:

         (a) the claimant provides information at the time of the initial claim indicating that he or she has completed a period of working age residence in the other country; and

         (b) the competent institution of the other Party receives the