Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:2:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 2 (pt 9/15)
Character Range: 36187–38905

security with a third country,

and shall, for the purpose of reciprocity under this Agreement, be regarded as the Italian benefit equivalent to those Australian benefits described as:

          (c) wife pension;

          (d) spouse carer pension; and

          (e) supplements for children.

PART III — MISCELLANEOUS PROVISIONS

ARTICLE 16

Lodgement of Claims

1. A claim for benefit, under this Agreement or otherwise, may be lodged:

          (a) in the territory of either Party in accordance with the administrative arrangements for this Agreement; or

          (b) in a third country if that country is of the kind referred to in Article 5,

at any time after the Agreement enters into force.

2. Where a claim for a benefit of a Party is lodged in the territory of the other Party or in a third country in accordance with paragraph 1, the date on which the claim is lodged shall be the date of lodgement of the claim for all purposes relating to the claim.

    ARTICLE 17

    Determination of Claims

1. In determining the entitlement of a person to a benefit under this Agreement:

          (a) a period of Australian residence and a period of credited contributions; and

          (b) any event relevant to that entitlement,

shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force.

2. The start date for the payment of a benefit under this Agreement shall be determined by the legislation of the Party concerned and in no case shall that date be a date earlier than the entry into force of this Agreement.

    3. Where:

          (a) a claim is made for a benefit payable by one of the Parties, whether by virtue of this Agreement of otherwise; and

          (b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to a benefit (in this Article called "assumed benefit"), that is payable by the other Party and that, if paid, would affect the amount of the first‑mentioned benefit,

that claim may be determined by the first‑mentioned Party as if the assumed benefit were in fact being paid to that claimant.

4. Where a claim for a benefit is determined in accordance with the preceding paragraph 3 and it is subsequently established that the amount of the assumed benefit in relation to that person was not in fact paid, any deficiency in the payment of the first‑mentioned benefit shall be adjusted retrospectively.

5. Where:

          (a) it appears that a person who is entitled to the payment of a benefit by