Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:4:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 4 (pt 6/12)
Character Range: 130189–132908

period of Australian working life residence accumulated by the person at the date as at which the comparison is made.
    6. For the purposes of paragraph 3, where one or the other, or both, of a person and his or her partner are entitled to receive a Canadian benefit, the total of the Canadian benefits payable to that person and his or her partner shall be apportioned equally between them and disregarded in the calculation of their respective incomes, and the amount so apportioned shall be deducted from the amount of Australian benefit that would otherwise be payable to each of them.

ARTICLE 8
Recovery of Debts
    1. Where:
         (a) the competent authority of Canada pays a benefit to a person in respect of a past period;
         (b) for all or part of that period, the competent institution of Australia has paid to that person a benefit under the legislation of Australia; and
         (c) the amount of the Australian benefit would have been varied had the Canadian benefit been paid during that period,
          then
         (d) the amount that would not have been paid by the competent institution of Australia had the Canadian benefit been paid on a periodical basis from the date to which the arrears of benefit referred to in subparagraph (a) were paid shall be a debt due by that person to Australia; and
         (e) the competent institution of Australia may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit to that person.
    2. In paragraph 1, "benefit" means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia.

PART III – PROVISIONS RELATING TO CANADIAN BENEFITS

ARTICLE 9
Totalisation for Canadian Benefits
    1. Subject to paragraph 3, if a person is not eligible for a benefit on the basis of his or her Canadian creditable periods, eligibility of that person for that benefit shall be determined by totalising these periods and those specified in paragraph 2.
         2. (a) For the purposes of determining eligibility for a benefit under the Old Age Security Act, a period of Australian working life residence shall be considered as a period of residence in Canada.
          (b) For the purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year which includes a period of Australian working life residence of at least 6 calendar months shall be considered as a year for which contributions have been made under the Canada Pension Plan.
    3. For the purposes of this Article, where a Canadian creditable period and a period of Australian working life residence coincide, the period of coincidence shall be taken