Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 7/26)
Character Range: 68588–71289

both the person and his or her spouse or partner have reached pension age.

ARTICLE 7
Presence in New Zealand

    1. Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8) except that he or she is not ordinarily resident and present in New Zealand on the day of the application for that benefit, that person shall be deemed, for the purposes of that application, to be ordinarily resident and present in New Zealand on that date if he or she:
         (a) is present long term in New Zealand;
         (b) qualifies for an Australian benefit that is payable at a rate prescribed under Article 13; and
         (c) in the case of New Zealand superannuation or a veteran's pension, has reached pension age under this Agreement.

    2. Where a person is entitled to receive a New Zealand benefit under paragraph 1, the amount payable shall be calculated in accordance with, and subject to the conditions of, the social security law of New Zealand.

ARTICLE 8
Totalisation for New Zealand

    1. In determining whether a person meets the residential qualifications for a New Zealand superannuation or a veteran's pension, the competent institution of New Zealand shall deem a period of Australian working age residence to be a period during which that person was both a New Zealand resident and present in New Zealand.

    2. In determining whether a person meets the residential qualifications for a supported living payment, the competent institution of New Zealand shall deem a period as an Australian resident to be a period during which that person was both a New Zealand resident and present in New Zealand.

    3. For purposes of paragraphs 1 and 2, where a period of residence in New Zealand and a period of residence in Australia coincide, the period of coincidence shall be taken into account only once as a period of residence in New Zealand.

    4. The minimum period in Australia to be taken into account for the purposes of:

         (a) paragraph 1, shall be 12 months working age residence, of which 6 months must be continuous; and

         (b) paragraph 2, shall be 12 months residence, of which 6 months must be continuous.

    5. This Article shall not apply to a claimant for New Zealand superannuation or a veteran's pension who has not reached pension age under this Agreement.

ARTICLE 9
Rate of New Zealand Superannuation and Veterans' Pensions in Australia

    1. Except as provided in paragraph 3, where a person in Australia is entitled to receive New Zealand superannuation or a veteran's pension under Article 6, the amount of that benefit shall be calculated