Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:32:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 32 (pt 6/10)
Character Range: 1063328–1066037

in that calculation any benefit under the legislation of the Republic of Estonia which that person or the partner of that person is entitled to receive if applicable; and

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

    (c) applying to the remaining benefit obtained under sub‑paragraph 3(b) of this Article the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under sub‑paragraph 3(a) of this Article.

4. Where a person departs temporarily from Australia, paragraph 3 of this Article shall continue to apply for 26 weeks from the date of their departure from Australia.

5. Where a member of a couple is, or both that person and the person's partner are, entitled to a benefit or benefits under the legislation of the Republic of Estonia, each of them shall be deemed, for the purposes of this Article and of the legislation of Australia, to be in receipt of one half of that benefit or one half of the total of both benefits, as the case may be.

6. For the purposes of paragraph 1, a benefit shall not include additional child amount.

PART IV

PROVISIONS RELATING TO ESTONIAN BENEFITS

Article 13
Totalisation for Estonian Benefits

1. If entitlement to a benefit under the legislation of the Republic of Estonia arises without taking into account a period of Australian working life residence, the Republic of Estonia shall award the benefit only for insurance periods taken into account under its own legislation.

2. If a person is not entitled to a benefit on the basis of insurance periods under the legislation of the Republic of Estonia, then the Estonian insurance periods shall be totalised with periods of Australian working life residence to determine entitlement to Estonian benefits on the condition that these periods do not overlap in part or in full. The Republic of Estonia shall calculate the amount of a benefit and pay it in accordance with Estonian insurance periods completed on its own territory.

3. If a person is not entitled to a benefit under a specific law applying to work in a certain area of speciality, in certain conditions, or in special services, these insurance periods shall be taken into account as general insurance periods.

4. If the total insurance period under the legislation of the Republic of Estonia is less than 12 months, the Competent Institution of the Republic of Estonia shall disregard this period in awarding and paying a benefit.

Article 14
Payment of Survivor's Pension

1. The Republic of Estonia shall award a survivor's