Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 7/15)
Character Range: 303645–306466

shall be regarded as being in Australia.

ARTICLE 15
Partner Related Australian Benefits

For the purposes of this Agreement, a person who receives an Australian benefit 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 first‑mentioned benefit by virtue of this Agreement.

ARTICLE 16
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 a benefit; and

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

         (c) a Portuguese insurance period,

     then that Portuguese insurance period shall be deemed to be a period in which that person was an Australian resident

         ‑ only if that Portuguese insurance period has already been used or can be used at the time of totalisation, to obtain a Portuguese benefit, 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 Portuguese insurance 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 Portuguese insurance periods shall be deemed to be one continuous period.

    3. Where a period by a person as an Australian resident and a Portuguese insurance period coincide, the period of coincidence shall be taken into account once only by Australia for the purposes of this Article as a period as an Australian resident.

    4. The period of Australian working life residence (as defined in Article 1) to be taken into account for the purposes of subparagraph 1(b) shall be as follows:

         (a) for the purposes of an Australian benefit claimed by a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and

         (b) for the purposes of an Australian benefit claimed by an Australian resident, there shall be no minimum period of residence in Australia required.

ARTICLE 17
Calculation of Australian Benefits

    1. Subject to paragraphs 2 and 4, where an Australian benefit is payable whether by virtue of this Agreement or otherwise