Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 1/13)
Character Range: 147153–150007

Schedule 5—Spain

Note See section 5.

AGREEMENT BETWEEN AUSTRALIA
AND SPAIN ON SOCIAL SECURITY

The Government of Australia and the Government of the Kingdom of Spain (hereinafter "the Parties"),

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

Considering it appropriate to review and replace the Agreement between Spain and Australia on Social Security signed on 10 February 1990 in order to incorporate current laws, 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 Spain;

Have agreed as follows:

PART I ‑ GENERAL PROVISIONS

ARTICLE 1
Definitions

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

     "benefit" means in relation to a Party, a benefit 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, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party;

     "carer payment" as a benefit under this Agreement means a carer payment for a person in Spain 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 Spain;

     "Competent Authority" means, in relation to Australia, the Secretary to the Department responsible for the legislation in sub‑paragraph 1(a) of Article 2, and, in relation to Spain, the Ministry of Labour and Social Affairs;

    "Competent Institution" means, in relation to Australia, the institution or agency responsible for the administration of the legislation of Australia and, in relation to Spain, the institution responsible for the application of the legislation of Spain;

    "legislation" means, in relation to Australia, the laws specified in subparagraph 1(a) of Article 2 and in relation to Spain, the laws specified in subparagraph 1(b) of Article 2;

    "period of Australian working life residence", in relation to a person, means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 9 to be a period in which that person was an Australian resident;

    "Spanish creditable period" means the period defined as such in the legislation of Spain as well as any period considered as such under that legislation as an equivalent period but does not include any period considered under paragraph 1 of Article 11 as a Spanish creditable period;

    "spouse", in relation to Australia, means a partner;

    "widowed person" means, in relation to Australia, a de jure widow or widower but does not include a widow or widower who has a partner.

    2. In the application of this