Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 10/17)
Character Range: 704787–707564

at some time shall not apply to a person who claims double orphan pension.

Article 18
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) insurance periods in Switzerland,

     then those insurance periods in Switzerland shall be deemed to be a period in which that person was an Australian resident

        ‑ only if those insurance periods in Switzerland have already been used or can be used at the time of totalisation, to obtain a benefit from Switzerland; and

        ‑ only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

    2. For the purpose of this Article, where a person has a period as an Australian resident and insurance periods in Switzerland, 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 that is payable to a person who is not an Australian resident, the minimum period required shall be 12 months, of which at least six months must be continuous; and

         (b) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period shall be required.

    4. For the purposes of this Article, an insurance period in Switzerland shall not include a period for which a person has received a refund of contributions under Article 16.

Article 19
Calculation of Australian Benefits

    1. Subject to paragraph 2, where an Australian benefit other than a double orphan pension is payable, whether by virtue of this Agreement or otherwise, to a person outside the territory of Australia, the amount of the benefit shall be determined according to the legislation of Australia but when assessing the rate of the Australian benefit only a proportion of any Swiss benefit which is received by that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of Australian working life residence (not exceeding 300) by the amount of that Swiss benefit and dividing that product by 300.

    2. Only a person receiving a proportionalised Australian benefit