Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p1
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 1/16)
Character Range: 414712–417739

Schedule 13—United States of America
Note See section 5.

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
ON sOCIAL sECURITY

The Government of Australia and the Government of the United States of America (hereinafter "the Parties"),

Being desirous of regulating the relationship between their two countries with respect to social security benefits and coverage, have agreed as follows:

PART I
General Provisions

Article 1
Definitions
    1. For the purpose of this Agreement:
         (a) "Agency" means,
          as regards the United States, the Social Security Administration, and
          as regards Australia, the institution or agency responsible for the administration of the laws;
         (b) "benefit" means in relation to a Party, a benefit, pension or allowance for which provision is made in the laws of that Party, and includes any additional amount, increase or supplement for which a beneficiary is qualified but, for Australia, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee;
         (c) "carer payment" means, in relation to Australia, a carer payment payable to the partner of a person in receipt of an Australian benefit;
         (d) "Competent Authority" means,
          as regards the United States, the Commissioner of Social Security, and
          as regards Australia, the Secretary of the Commonwealth Department responsible for the laws specified in subparagraph 1(b)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the Commissioner of Taxation or an authorised representative of the Commissioner;
         (e) "laws" means,
          as regards the United States, the laws and regulations specified in subparagraph 1(a) of Article 2, and
          as regards Australia, the laws specified in subparagraph 1(b)(i) of Article 2 except in relation to the application of Part II of the Agreement (including the application of other Parts of the Agreement as they affect the application of that Part) where it means the laws specified in subparagraph 1(b)(ii) of Article 2;
         (f) "national" means,
          as regards the United States, a national of the United States as defined in Section 101, Immigration and Nationality Act, as amended, and
          as regards Australia, a citizen of Australia;
         (g) "period of Australian working life residence", in relation to a person, means, unless otherwise provided in this Agreement, a period:
             (i) defined as such in the laws of Australia; and
             (ii) during which the person was employed or self‑employed or the person's employer was subject to the laws specified in subparagraph 1(b)(ii) of Article 2;
          but does not include any United States period of coverage deemed pursuant to Article 9 to be a period in which that person was