Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 4/10)
Character Range: 398743–401528

Party resident outside the territory of Denmark only according to the provisions of that Act:

        (a) pensions supplement

        (b) personal allowance

        (c) outside assistance allowance

        (d) constant attendance allowance

        (e) disability benefit.

10 . Notwithstanding any other provision of this Agreement, periods of residence in the territory of Denmark prior to April 1, 1957 shall not be taken into account in the calculation of a benefit under the Social Pensions Act payable to an Australian national resident outside the territory of Denmark.

11 . The rights under this Article shall not apply to rent assistance or pharmaceutical allowance.

PART III—PROVISIONS RELATING TO AUSTRALIAN BENEFITS
ARTICLE 6
Residence or Presence in the Territory of Denmark

1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

        (a) is an Australian resident or residing in the territory of Denmark; and

    (b) is in Australia, or the territory of Denmark,

that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.

2. Paragraph 1 shall not apply to a person who is a claimant for a parenting payment.

ARTICLE 7
Totalisation for Australia
1. Subject to paragraph 3, 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 2 for that person;

and has accumulated a period of residence in Denmark, within the qualifying period specified in the Social Pensions Act, then for the purposes of a claim for that Australian benefit, that period of residence in Denmark shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.

2. The minimum period to be taken into account for the purposes of subparagraph 1(b) shall be as follows:

        (a) for the purposes of an Australian benefit that is payable to a person who is not an Australian resident, the minimum period of Australian working life residence required shall be 1 year, of which at least 6 months shall be continuous; and

        (b) for the purposes of an Australian benefit that is payable to an Australian