Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 7/13)
Character Range: 741011–743674

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 identified in accordance with paragraph 4 for that person; and

       (c) a period of coverage in Korea,

then, for the purposes of a claim for that Australian benefit, that period of coverage in Korea shall be deemed to be a period in which that person was an Australian resident:

       ‑ only if that period of coverage in Korea is certified by the agency of Korea at the request of the Australian agency; and

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

   2. For the purposes of paragraph 1, where a person:

       (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and

       (b) has accumulated a period of coverage in Korea in two or more separate periods that equals or exceeds in total the minimum period referred to in the preceding subparagraph (a);

   the total of the periods of coverage in Korea shall be deemed to be one continuous period.

   3. For the purposes of this Article, where a period by a person as an Australian resident and a period of coverage in Korea coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

   4. 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 purposes 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, there shall be no minimum period.

Article 17
Calculation of Australian Benefits

   1. Subject to paragraphs 2 and 3, where an Australian benefit is payable by virtue of this Agreement or otherwise to a person who is outside Australia, the rate of that benefit shall be determined according to the legislation of Australia. When assessing the income of that person for the purpose of calculating the rate of that benefit under the legislation of Australia, only a proportion of any benefit under the legislation of Korea paid to that person shall be regarded as income. That proportion shall be