Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:33:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 33 (pt 7/16)
Character Range: 1090484–1093225

UNDER THE LEGISLATION OF THE REPUBLIC OF SERBIA

Article 14
Totalisation

(1) Where a person to whom this Agreement applies has claimed a benefit under the legislation of the Republic of Serbia and has accumulated:

1. a period of insurance completed under the legislation of the Republic of Serbia that is less than the period required to qualify for that benefit under the legislation of the Republic of Serbia; and

2. a period of Australian working life residence

then that period of Australian working life residence shall be deemed to be a period of insurance completed under the legislation of the Republic of Serbia only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of the Republic of Serbia.

(2) For the purposes of this Article, when a period of insurance completed under the legislation of the Republic of Serbia and a period of Australian working life residence coincide, the period of coincidence shall be taken into account once only by the Republic of Serbia as a period completed under the legislation of the Republic of Serbia.

(3) The minimum period of insurance completed under the legislation of the Republic of Serbia to be taken into account for the purposes of paragraph 1 of this Article shall be 12 months.

Article 15
Calculation of Benefits

(1) If the right to benefit is provided for under the legislation of the Republic of Serbia without application of Article 14 of this Agreement, the amount of the benefit shall be determined solely under the legislation of the Republic of Serbia.

(2) If the right to benefit is determined solely by virtue of the application of Article 14 of this Agreement, the Competent Institution of the Republic of Serbia shall:

1. calculate a theoretical benefit amount that would be paid if the total period accumulated under the legislation of the Republic of Serbia and Australian legislation had been completed solely under the legislation of the Republic of Serbia, and

2. on the basis of this theoretical benefit amount, shall determine an actual benefit amount payable, according to the ratio between the period completed under the legislation of the Republic of Serbia and the total period accumulated under the legislation of the Republic of Serbia and Australian legislation.

PART V
MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

Article 16
Lodgement of Documents

(1) A claim, notice or appeal concerning a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either Contracting Party in accordance with the Administrative Arrangement made pursuant to Article 19 of this Agreement.

(2) The date on which a claim, notice or appeal referred to in paragraph 1 of