Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 6/13)
Character Range: 191375–194182

paragraph 3 for that benefit,

    then any period of Australian working life residence by the contributor to whom that period of insurance was credited shall be deemed to be a period of insurance.

    2. For the purposes of this Article, where a period of insurance and a period of Australian working life residence coincide, the period of coincidence shall be taken into account once only as a period of insurance.

    3. The minimum period of insurance to be taken into consideration for purposes of paragraph 1 shall be 52 paid contributions.  However, subject to paragraph 5, where the period of insurance, not being less than 52 paid contributions, does not entitle a person to a Maltese benefit, but the period of insurance in Malta and the period of Australian working life residence together entitle such person to a Maltese benefit, they shall be taken into account.

    4. The provisions of this Article shall not apply in the case of a Two‑Thirds Pension (Retirement) or a Survivor's Pension (Widowhood) unless:

         (a) in the case of a Two‑Thirds Pension, the person concerned has paid at least 156 contributions under the legislation of Malta after the 22nd January, 1979; and

         (b) in the case of a Survivor's Pension, the husband of the widow concerned has paid at least 156 contributions under the legislation of Malta after the 22nd January, 1979.

    5. For the purposes of a claim by a person for a contributory widow's pension the contributor, provided the contributor meets the requirements of subparagraph 1(b), shall be deemed to have also accumulated a period of residence in Australia for any period for which the claimant accumulated a period of Australian working life residence but any period during which the contributor and the claimant both accumulated periods of Australian working life residence shall be taken into account once only.

ARTICLE 10

Calculation of Maltese Benefits

    1. Where Malta pays non‑contributory assistance or pension by virtue of this Agreement, the rate of that benefit shall be determined according to the legislation of Malta.

    2. Where a contributory benefit is payable by Malta to a claimant by virtue of this Agreement the rate of that benefit shall be calculated as follows:

          (a) in the case of a pension in respect of retirement other than a Two‑Thirds Pension, by multiplying the applicable rate of that pension attributable to the claimant by the number of reckonable contributions on which that pension would have otherwise been calculated under the legislation of Malta and dividing the product by the number of totalised contributions aggregated under Article 9;

         (b) in the case of a Two‑Thirds Pension, the rate of that pension shall be calculated according to the following formula:

 but