Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 9/26)
Character Range: 73492–76182

exceed the amount of Australian pension that would have been payable to that person if he or she was entitled to receive an Australian pension but was not entitled to receive New Zealand superannuation or a veteran's pension.

ARTICLE 10
Rate of New Zealand Supported Living Payment in Australia

    1. Except as provided in paragraph 2, when a person in Australia is entitled to receive New Zealand supported living payment under Article 6, the amount of that benefit shall be calculated in accordance with the following formula:
    number of whole months of

New Zealand working age residence  x  maximum benefit rate
 Y

    Where 'Y' equals the aggregate of the periods of working age residence in Australia and New Zealand at the date of severe disablement and subject to the following provisions:
         (a) all periods of working age residence in New Zealand shall be aggregated;
         (b) the maximum benefit rate shall be:
             (i) in the case of a single person, the maximum rate (less a percentage agreed in writing from time to time by the competent authorities and published in the New Zealand Gazette) of benefit that the person would be entitled to receive under the social security law of New Zealand before any abatement on account of income;
             (ii) in the case of a person who is married, in a civil union or in a de facto relationship, the maximum rate (less a percentage agreed in writing from time to time by the competent authorities and published in the New Zealand Gazette) of benefit that the person would be entitled to receive under the social security laws of New Zealand before any abatement on account of income;
         (c) in no case shall the rate of benefit exceed 100% of the maximum benefit rate as defined in subparagraph (b);
         (d) except for a third country pension taken into account under subparagraph (e), or as provided in paragraph 2, no account shall be taken of any benefit that is payable under the social security law of Australia; and
         (e)  no account shall be taken of any third country pension if that person is a permanent resident of Australia.

    2. The rate of supported living payment for a person who qualifies under Article 6 shall be calculated under paragraph 1, but the amount the person is entitled to receive shall not exceed:
         (a) in the case of a single person, the amount of Australian disability support pension that would have been payable if that person was entitled to receive an Australian disability support pension but not entitled to receive a supported living payment; or
         (b) in the case of a person who is married, in a civil union or in a de facto