Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 10/26)
Character Range: 75960–78658

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 relationship, the aggregated amount of Australian disability support pension and carer payment that would have been payable if that person was entitled to an Australian disability support pension and his or her spouse or partner was entitled to a carer payment and that person had not been entitled to receive a supported living payment.

PART III
PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 11
Residence or Presence in Australia or New Zealand

    1. Where a person would not qualify for a benefit under the legislation of Australia or by virtue of this Agreement only because he or she was not an Australian resident and present in Australia on the date on which the claim for that benefit would be lodged but that person:
         (a) is an Australian resident or a New Zealand resident; and
         (b) is  present long term in Australia or New Zealand;
    that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.

    2. A claimant for an age pension must be of pension age under this Agreement to be able to obtain the benefit of this Article.

    3. If a person applies for a carer payment under this Agreement, references to Australia in the provisions of the social security law of Australia relating to qualification for carer payment shall be read also as references to New Zealand.

    4. If a person is qualified for a carer payment under this Agreement, that person can receive that payment if that person has an aggregate period of residence of at least 2 years in Australia and/or New Zealand.

ARTICLE 12
Totalisation for Australia

    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 for that benefit under the legislation of Australia;
         (b) a period of working age residence in Australia equal to or greater than the period identified in accordance with paragraph 3; and
         (c) a period of working age residence in New Zealand.
    then:
    That period of working age residence in New Zealand shall be deemed to be a period in which that person was an Australian resident only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia.

    2. Where a person's period of working age residence in Australia and