Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 4/13)
Character Range: 155002–157797

lodging that claim, to be an Australian resident and in Australia.

    2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims double orphan pension.

ARTICLE 8
Partner‑related Australian Benefits

    1. For the purposes of this Agreement, a person who receives an Australian wife pension due to the fact that the partner of that person receives by virtue of this Agreement another Australian benefit, shall be deemed to receive that wife pension by virtue of this Agreement.

    2. If a person is receiving a carer payment under this Agreement, references to Australia in the provisions relating to qualification for and payability of carer payment under the legislation of Australia shall be read also as references to Spain.

ARTICLE 9
Totalisation for Australia

    1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

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

        (b) a period of Australian working life residence equal to or greater than the minimum period identified for that person in accordance with paragraph 4; and

        (c) a Spanish creditable period,

     then that Spanish creditable period shall be deemed to be a period in which that person was an Australian resident

        ‑ only if that Spanish creditable period is considered by Spain to continue to be a Spanish creditable period at the time of totalisation; and

        ‑ 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, where a person:

        (a) 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 of that person to a benefit; and

        (b) has accumulated a Spanish creditable period in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a),

     the total of the Spanish creditable periods shall be deemed to be one continuous period.

    3. For all purposes of this Article, where a period by a person as an Australian resident and a Spanish creditable period accumulated by that person 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 shall be as follows:

        (a) for the purposes of an Australian benefit payable to a person residing