Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 8/16)
Character Range: 432408–435055

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 continuous period which is less than the minimum continuous period required by the laws of Australia for entitlement of that person to a benefit; and
         (b) has accumulated United States periods of coverage in two or more separate periods that equal or exceed in total the period referred to in subparagraph (a),
     the total of the United States periods of coverage shall be deemed to be one continuous period.
    3. For all purposes of this Article, where a period as an Australian resident and a United States period of coverage coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident but when it is not possible for the United States Agency to determine the time when specific periods of coverage were completed in any one calendar year, it shall be assumed that those periods of coverage do not coincide with periods in that year as an Australian resident but in no case shall the total of all those periods exceed one calendar year.
    4. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be:
         (a) for the purposes of an Australian benefit that is payable to a person who is outside Australia, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and
         (b) for the purpose of an Australian benefit that is payable to a person who is in Australia, there shall be no minimum period.

Article 10
Calculation of Australian Pro Rata Benefits
    1. Subject to paragraphs 2, 3 and 4, where an Australian benefit is payable by virtue of this Agreement or otherwise, to a person who is outside Australia the rate of that benefit shall be determined according to the laws of Australia but, when assessing the income of that person for the purposes of calculating the rate of the Australian benefit, only a proportion of any United States benefit paid to that person under the laws specified in Article 2(1)(a) shall be regarded as income.  That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of working life residence in Australia (not exceeding 300) by the amount of that United States benefit and dividing that product by 300.
    2. A person referred to in paragraph 1 shall be entitled to receive the concessional assessment of income described