Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 7/15)
Character Range: 532855–535563

claims for benefits and which includes that category of benefit; and

(b) is in Australia, or the territory of the Republic of Chile or that third State,

that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that day.

ARTICLE 15

Totalisation for Australian Benefits

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

(a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for that benefit; and

(b) a period of Australian working life residence equal to or greater than the period referred to in paragraph 3; and

(c) a period of insurance in Chile;

then, for the purposes of the claim for that Australian benefit, that period of insurance in Chile shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.

2. For the purpose of this Article, where a person has a period as an Australian resident and a period of insurance in Chile, any period of overlap shall be taken into account once only by Australia as a period as an Australian resident.

3. The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:

(a) for the purpose of an Australian benefit claimed by a person residing 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 claimed by an Australian resident, no minimum period shall be required.

ARTICLE 16

Calculation of Australian Benefits

1. Subject to paragraph 2, where an Australian benefit is payable by virtue of this Agreement to a person outside Australia, the rate of that benefit shall be determined by:

(a) calculating that person's income according to the legislation of Australia, including, subject to the provisions of Article 17, any Chilean benefit which that person or the partner of that person is entitled to receive, if applicable;

(b) applying to the maximum rate of Australian benefit the relevant rate calculator set out in the legislation of Australia, using as the person's income the amount calculated under sub‑paragraph (a); and

(c) proportionalising, if applicable, the amount of benefit calculated under sub‑paragraph (b) according to the person's period of Australian working life residence, by multiplying that