Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 8/13)
Character Range: 743438–746264

person for the purpose of calculating the rate of that benefit under the legislation of Australia, only a proportion of any benefit under the legislation of Korea paid to that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of Australian working life residence (not exceeding 300) by the amount of that benefit under the legislation of Korea and dividing that product by 300.

   2. A person referred to in paragraph 1 of this Article shall be entitled to receive the assessment of income described in that paragraph only for any period during which the rate of that person's benefit under the legislation of Australia is proportionalised under the legislation of Australia.

   3. The provision in paragraph 1 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

   4. Subject to paragraph 5, 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 any Korean benefit which that person or the partner of that person is entitled to receive if applicable; and

       (b) deducting the amount of the Korean benefit which that person is entitled to receive 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).

   5. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

   6. Where a member of a couple is, or both that person and his or her partner are, entitled to a Korean benefit or benefits, each of them shall be deemed, for the purposes of this Article and the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

PART V
Miscellaneous Provisions

Article 18
Administrative Arrangement

   1. The Competent Authorities of the Contracting Parties shall conclude an Administrative Arrangement that sets out the measures necessary for the implementation of this Agreement.

   2. The liaison agencies of each Contracting Party shall be designated in the Administrative Arrangement.

Article 19
Exchange of Information and Mutual Assistance

   1. The Competent Authorities and agencies of the Contracting Parties shall, within the scope of their respective authorities:

       (a) communicate to each other, to the extent permitted by their national laws and regulations,