Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p14
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 14/26)
Character Range: 85601–88239

New Zealand benefit is payable under this Agreement in a third country.

PART IV
COMMON PROVISIONS ON ELIGIBILITY

Article 14
Export of Benefits

  1. A benefit payable by a Party under this Agreement shall, subject to other provisions of this Agreement, continue to be payable to a person who goes to the territory of the other Party.

   2. A person who is ordinarily resident in New Zealand and:

         (a) is entitled to receive a benefit solely through the application of the totalising provisions of Article 8; and
         (b) either:
            (i) departs New Zealand with the intention of residing in a third country for a period which exceeds 26 weeks; or
            (ii) resides in a third country for a period which exceeds 26 weeks;
    shall only be entitled to receive a benefit while outside of New Zealand if he or she is entitled to receive that benefit under a reciprocal social security agreement that New Zealand has entered into with that third country.

   3. Where a person, who is ordinarily resident in Australia and is entitled to a benefit by virtue of this Agreement, departs for a third country:

         (a) a New Zealand benefit shall continue to be payable in accordance with the provisions for temporary absences under the social security law of New Zealand as if the person was a New Zealand resident at the time he or she departed for the third country; and

         (b) in the case where the person intends to be or is absent from Australia for a period which exceeds 26 weeks, a New Zealand benefit shall cease to be payable from the date of departure.

    4.  For the purposes of a New Zealand benefit, if a person who has been ordinarily resident in Australia either intends to be or is absent from Australia for a period which exceeds 26 weeks, that person shall cease to be considered ordinarily resident in Australia on the date of his or her departure from Australia.

    5. Where a person, who is in receipt of an Australian age pension by virtue of this Agreement, goes to a third country temporarily that benefit shall continue to be payable for the period that the social security law of Australia provides that a person who is absent from Australia remains entitled to the Australian age pension, before which the rate of age pension becomes calculated on a proportional basis. At that time, payment of the age pension by virtue of this Agreement will cease entirely. Age pension will cease to be payable by virtue of this Agreement from the date of departure if the absence is permanent.

    6. Where a person, who is in receipt of an Australian disability support pension by