Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:9:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 9 (pt 1/15)
Character Range: 287831–290883

Schedule 9—Portugal
Note See section 5.

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF PORTUGAL ON SOCIAL SECURITY

Australia and the Republic of Portugal (hereinafter "the Parties"),

Wishing to strengthen the existing friendly relations between the two countries,

Desiring to review the Agreement between Australia and the Republic of Portugal on Social Security signed on 30 April 1991, and

Acknowledging the need to coordinate further the operation of their respective social security systems so as to ensure access by people who move between Australia and Portugal and to eliminate double coverage;

Have agreed as follows:

PART I ‑ GENERAL PROVISIONS

ARTICLE 1
Definitions

    1. In this Agreement, unless the context otherwise requires:

         (a) "benefit" means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, pension or allowance, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party but, for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;

         (b) "carer payment" means a carer payment for a person in Portugal who is caring for a partner who is in receipt of an Australian age pension or disability support pension for the severely disabled and who is also in Portugal;

         (c) "Competent Authority" means:

               in relation to Australia: the Secretary to the Department responsible for the application of the legislation in subparagraph 1(a)(i) of Article 2 except in relation to the application of Part III of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner; and,

               in relation to Portugal: the Minister or other corresponding authority responsible for the social security schemes in all or any part of the territory of Portugal;

         (d) "Competent Institution" means:

               in relation to Australia: the institution or agency responsible for the administration of the legislation; and,

              in relation to Portugal:

                  (i) the institution with which the person concerned is insured at the time of the application for benefit; or
                  (ii) the institution from which the person concerned is entitled or would be entitled to benefits if he or she or a member or members of his or her family were resident in the territory of the Party in which the institution is situated; or
                  (iii) the institution designated by the Competent Authority of Portugal;

         (e) "Government employment" in relation to Australia includes employment by a political subdivision or local authority of Australia";

         (f) "legislation" means,