Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 7/16)
Character Range: 429923–432638

person's average earnings credited exclusively under United States laws and (b) the ratio of the duration of the person's periods of coverage completed under United States laws to the duration of a coverage lifetime as determined in accordance with United States laws.  Benefits payable under United States laws shall be based on the pro rata Primary Insurance Amount.
    4. Entitlement to a benefit from the United States which results from paragraph 1 shall terminate with the acquisition of sufficient periods of coverage under United States laws to establish entitlement to an equal or higher benefit without the need to invoke the provision of paragraph 1 of this Article.

Article 8
Residence or Presence in the United States or a Third State for Australian Benefits
    1. Where a person would be qualified under the laws 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 United States or a third State with which Australia has concluded an agreement on social security that includes provision for cooperation in the assessment and determination of claims for benefits; and
         (b) is in Australia, or the United States or that third State,
     that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia on that date.
    2. For the purposes of qualification for a carer payment as defined in this Agreement, which is payable by virtue of this Agreement, a person who is in the United States shall be regarded as being in Australia.

Article 9
Totalisation in Relation to Australian Benefits
    1. 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, for that benefit under the laws of Australia;
         (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
         (c) a United States period of coverage,
     then for the purposes of a claim for that Australian benefit, that United States period of coverage shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the laws of Australia, to be a period as an Australian resident.
    2. For the purposes of paragraph 1, where a person:
         (a) has been an Australian resident for a