Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 5/13)
Character Range: 157548–160468

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 outside Australia, the minimum period required shall be one year, of which at least six months must be continuous; and

        (b) for the purposes of an Australian benefit payable to an Australian resident there shall be no minimum period of residence in Australia.

ARTICLE 10
Calculation of Australian Benefits

    1. Subject to the provisions of this Article when an Australian benefit other than double orphan pension is payable under the Agreement to a person outside Australia, the rate of that benefit shall be determined according to the legislation of Australia but, when assessing the income of that person for the purposes of calculating the rate of the Australian benefit, benefits paid or due under the legislation of Spain should be assessed in the following way:

 (a) Australia shall disregard any income‑tested:

             (i) Spanish supplement to the minimum contributory social security pension;

             (ii) Spanish family payment for dependent children of pensioners;

             (iii) non‑contributory benefits from the Spanish social security system; and

        (b) only a proportion of any other Spanish benefit shall be assessed as income.  That proportion shall be calculated by multiplying the number of whole months of Australian working life residence used for that person (but not exceeding 300) by the amount of that other Spanish benefit and by dividing the result by 300.

    2. A person who is in receipt of an Australian benefit under the legislation of Australia, shall be entitled to the concessional assessment of income set out in paragraph 1 of this Article for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia.

    3. The provisions in paragraphs 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

    4. Subject to the provisions of this Article, where an Australian benefit other than a double orphan pension is payable only by virtue of this Agreement to a person who is in Australia and until the person becomes eligible under Australian domestic legislation the rate of that benefit shall be determined by:

        (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Spanish benefit that person is entitled to receive;

        (b) deducting the amount of that Spanish benefit which that person is entitled to receive from the maximum rate of that Australian benefit; and

        (c) applying to the Australian benefit remaining, after the application of sub‑paragraph (b), the relevant rate calculation set out in the