Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 2/26)
Character Range: 55973–58865

where fractions of a month are to be aggregated, a month means 30 days;
         (i) "New Zealand resident" has the meaning given to it under Article 5;

         (j) "pension age", means the qualifying age for New Zealand superannuation or the qualifying age for the Australian age pension, whichever is the higher age at the relevant time.  For the avoidance of doubt, the "pension age" so determined will operate as the qualifying age wherever the "pension age" is referred to in this Agreement, irrespective of whether it is in the Australian or New Zealand context;

         (k) "permanent resident of Australia" has the meaning given to it under Article 5;

         (l) "present long term" means when a person is physically present in the territory of either Party and either has been in the territory of that Party for at least 26 weeks, or intends to remain in the territory of that Party for one year or more;
         (m)  "severely disabled" means a person who:
              (i) has a physical impairment, a psychiatric impairment, an intellectual impairment, or two or all of such impairments, which makes the person, without taking into account any other factor, totally unable:
              (ii) to work for at least the next 2 years; and
              (iii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or
              (iv) is permanently blind;
         For the avoidance of doubt, a person can be severely disabled even if they are not of working age.
         (n) "social security law" means,
              (i) in relation to Australia, the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Social Security (International Agreements) Act 1999; and
              (ii) in relation to New Zealand the New Zealand Superannuation and Retirement Income Act 2001, the Social Security Act2016 and the Orders in Council and Regulations made under those Acts;
          (o) "supported living payment" means a New Zealand payment on the grounds of sickness, injury, disability, or total blindness but does not include a payment on the grounds of caring for a person requiring full‑time care;
          (p) "territory", in relation to New Zealand, means: New Zealand only and not the Cook Islands, Niue or Tokelau; and, in relation to Australia, means: Australia as defined in the social security law of Australia; and references to "New Zealand", "Australia" or the "territory" of either shall be read accordingly;
         (q) "third country" means a country other than Australia or New Zealand;
         (r) "third country pension" in relation to New Zealand, means an overseas pension as defined in the social security law of New Zealand and, in relation to Australia, means a comparable foreign payment as defined in the social security law of Australia;
         (s) "third