Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:33:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 33 (pt 5/16)
Character Range: 1085630–1088284

Serbia,

that person, so long as he or she has a minimum of 12 months Australian working life residence, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.

Article 12
Totalisation

(1) Where a person to whom this Agreement applies has claimed a benefit under Australian legislation and has accumulated:

1. a period as an Australian resident that is less than the period required to qualify that person, under the legislation of Australia for that benefit; and

2. a period of Australian working life residence that is equal to or greater than the period identified in accordance with paragraph 4 of this Article; and

3. a period of insurance under the legislation of the Republic of Serbia,

then, that period of insurance completed under the legislation of the Republic of Serbia shall be deemed to be a period in which that person was an Australian resident only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

(2) For the purposes of paragraph 1 of this Article, where a person:

1. has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement to a benefit; and

2. has accumulated a period of insurance under the legislation of the Republic of Serbia in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph 1 of this paragraph;

then the total of the periods of insurance completed under the legislation of the Republic of Serbia shall be deemed to be one continuous period.

(3) For the purposes of this Article, where a period as an Australian resident and a period of insurance under the legislation of the Republic of Serbia coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

(4)  The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 of this Article shall be 12 months, of which at least six months must be continuous.

Article 13
Calculation of Benefits

(1) Subject to paragraph 2 of this Article, where an Australian benefit is payable only by virtue of this Agreement to a person who is outside Australia, the rate of that benefit shall be determined by:

1. calculating that person's income according to the legislation of Australia, including any benefit payable under the legislation of the Republic of Serbia which that person or the partner of that person is entitled to receive;

2. applying to the maximum