Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 8/15)
Character Range: 342587–345341

3 if the person concerned were outside Australia, the first‑mentioned rate shall be increased to an amount equivalent to the second‑mentioned rate.

6. The provisions in paragraphs 4 and 5 shall continue to apply for 26 weeks where a person temporarily leaves Australia.

7. Where a member of a couple is, or both that person and his or her partner are, in receipt of an Austrian benefit or benefits, each of them shall be deemed, for the purposes of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or total of both of those benefits, as the case may be.

8. For the purposes of paragraph 5, a comparison of the rates of the benefits shall be made as at:

     (a) the date of the first pension pay day occurring after the date from which the benefit is payable; and

     (b) each anniversary of that pension pay day for so long as the person concerned is entitled to the benefit;

using, in that comparison, the number of months of the period of Australian working life residence accumulated by the person at the date as at which the comparison is made.

9. In paragraphs 1 and 4 of this Article references to Australian benefits do not include double orphan pension.

PART IV – PROVISIONS CONCERNING AUSTRIAN BENEFITS

Article 13
Totalisation for Austrian benefits

1. Where the Austrian legislation makes the acquisition, maintenance or recovery of entitlement to benefits conditional upon the completion of periods of insurance in Austria, the institution which applies that legislation shall take account, as far as necessary, of periods of Australian working life residence as if they were periods of insurance in Austria.

2. Where the Austrian legislation makes the award of certain benefits conditional upon the completion of periods of insurance in Austria in an occupation covered by special schemes or in a specified occupation or employment, then from the periods of Australian working life residence only those periods completed under a corresponding scheme, or, failing that, in the same occupation or, where appropriate, in the same employment, shall be taken into account for the award of such benefits.

3. Where the Austrian legislation provides that the period of payment of a pension shall prolong the reference period during which periods of insurance in Austria must be completed, periods during which a corresponding benefit has been awarded under the Australian legislation shall prolong the aforesaid reference period.

4. Periods of Australian working life residence, during which the person concerned was employed or self‑employed, shall be treated as periods of contributions of obligatory insurance due to gainful activity.

5. The periods of coverage of