Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:7:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 7 (pt 9/18)
Character Range: 230010–232754

legislation of Australia but disregarding in that calculation the Netherlands' benefit received by that person; and
b) deducting the amount of the Netherlands' benefit received by that person from the maximum rate of that Australian benefit; and
c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).
5. The provisions in paragraph 4 shall continue to apply for 26 weeks where a person departs temporarily from Australia.
6. Where a person is, or his or her partner is, or both that person and his or her partner are, in receipt of a Netherlands' benefit or benefits, each of them shall be deemed, for the purpose of paragraph 4 and for the Acts forming the social security law as amended from time to time, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

ARTICLE 16
Exclusion of specified Netherlands' payments from the Australian income test

1. Where a person receives or is entitled to receive a benefit under the social security laws of Australia:
a) reimbursement payments for extra medical, nursing and immediately related expenses of a victim of persecution; and
b) the special allowance covering the extra medical expenses a victim of persecution has, but which are beyond his or her capacity to meet, while maintaining a certain standard of living,
    made under the State Assistance Scheme of the1940‑1945 Victims of Persecution (WUV), shall not be included as income for the purpose of assessing the rate of that Australian benefit.
2. For the purposes of this Article only, the term benefit shall include all social security payments under the social security laws of Australia.

PART IV   PROVISIONS RELATING TO THE NETHERLANDS BENEFITS

ARTICLE 17
Benefits under the General Old Age Pensions Act

1. The Netherlands' Competent Institution shall determine the old age pension directly and exclusively on the basis of periods of insurance completed under the Netherlands' General Old Age Pensions Act.
2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party after reaching the age of fifteen, resided in the territory of the Kingdom of the Netherlands or during which, while residing in another country the person was gainfully employed in the Kingdom of the Netherlands, shall also be considered as periods of insurance if the person does not satisfy the condition of the Netherlands' legislation permitting such periods to be treated for that person as periods of insurance.
3. The periods referred to in paragraph 2 shall be taken into consideration