Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:24:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 24 (pt 6/12)
Character Range: 833009–835709

of that person, where applicable, 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 benefit by the amount of that Finnish benefit and dividing that product by 300.

3 When assessing the income of a person who is residing in Finland, Finnish National Pension and other Finnish mean‑tested payments shall be disregarded.

4 Paragraphs 1, 2 and 3 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

5. Subject to the provisions of paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by

      (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Finnish benefit received by that person and by that person's partner, if applicable;

      (b) deducting the amount of the Finnish benefit received by that person from the maximum rate of that Australian benefit; and

      (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

6. Paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

7. Where a member of a couple is, or both that person and that person's partner are, entitled to a Finnish benefit or benefits, each of them shall be deemed, for the purpose of this Article and for the legislation of Australia, to be entitled to half of either the amount of that benefit or total of both of those benefits, as the case may be.

8. Notwithstanding paragraphs 1‑7, when an Australian benefit is payable by virtue of this Agreement or otherwise to a person in Australia or outside Australia any allowance paid by Finland to that person or that person's partner for the purpose of meeting special expenses incurred as a result of illness or injury shall be disregarded by Australia for the purposes of assessing income.

9. For the purpose of calculating benefits payable to a person under the legislation of Australia by virtue of this Agreement:

       (a) if a person is subject to the laws specified in subparagraph 1(a)(ii) of Article 2 during any period he or she lives in the territory of Finland, that period shall be accepted as a period as an Australian resident for that person, and

       (b) if a person is subject to the legislation of Finland during any period in which he or she lives in the territory of