Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 10/15)
Character Range: 540416–543212

for the benefits provided for in the legislation applicable to them.

5. To qualify for pensions in accordance with the legislation regulating social security schemes managed by the Instituto de Normalización Previsional, persons who receive an Australian pension or who have Australian working life residence in accordance with the social security law of Australia, will be considered as current contributors to the relevant social security scheme in Chile.

6. If a person has insurance periods under Chilean legislation of less than one year, and if, by taking into account only such periods, he or she does not qualify for any benefits under that legislation, the Chilean Competent Institution shall not be obliged to grant any benefits to that person with respect to that period in accordance with this Agreement.

ARTICLE 20

Calculation of Chilean Benefits

1. In the cases envisaged in paragraphs 1 and 4 of the preceding Article, the Competent Institution shall determine the right to the Chilean benefit as if all the periods of insurance or periods of Australian working life residence, as the case may be, had been completed under its own legislation and, for the purpose of payment of the benefit, it shall calculate the portion payable by it proportionally between the periods of insurance completed exclusively under such legislation and the total years required under the relevant Chilean legislation.

2. The determination of the right to minimum pensions paid by the Instituto de Normalización Previsional will be done in the manner provided in the previous paragraph and, the rate of the payment shall be calculated on the basis of the existing proportion between the periods of insurance completed exclusively in Chile and the total of the periods of insurance in Chile and periods of Australian working life residence. If the sum of the periods mentioned are greater than the period required by Chilean legislation to acquire the right to a full pension, such excess periods will not be taken into account for this calculation.

ARTICLE 21

Health Care Benefits

Persons who are receiving a pension according to Australian legislation or by virtue of this Agreement and who reside in the Republic of Chile shall have the right to register with the Chilean Health Care Insurance system under the same conditions as Chilean pensioners.

PART VI

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 22

Lodgement of Documents

1. A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or according to the social security law of Australia or the legislation of Chile, may be lodged in the territory of the other Party, in accordance with the Administrative Arrangements made pursuant to Article 25, at any time after the Agreement has come into force.