Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 5/13)
Character Range: 188840–191614

regarded as income.  That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of that Maltese benefit and dividing that product by 300.

    2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia.

    3. The provisions in paragraph 1 and 2 shall continue to apply for 26 weeks where a person comes temporarily to Australia.

    4. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Malta, Australia shall disregard, when assessing the income of that person any non‑contributory assistance and pension paid to that person by Malta.

    5. Subject to paragraph 6, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:

         (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation the Maltese benefit received by that person;

         (b) deducting the amount of the Maltese benefit received by that person from the maximum rate of that Australian benefit; and

         (c) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

    6. Where a married person is, or both that person and his or her partner are, in receipt of a Maltese benefit or benefits, each of them shall be deemed, for the purpose of paragraph 5 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

    7. The provisions in paragraph 5 shall continue to apply for 26 weeks where a person departs temporarily from Australia.

    PART III – PROVISIONS RELATING TO MALTESE BENEFITS

    ARTICLE 9

    Totalisation for Malta

    1. Where this Agreement applies and there is a period of insurance that is:

         (a) less than the period necessary to give a claimant entitlement to the benefit claimed under the legislation of Malta; and

         (b) equal to or greater than the minimum period mentioned in 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,