Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 9/15)
Character Range: 345070–347873

the aforesaid reference period.

4. Periods of Australian working life residence, during which the person concerned was employed or self‑employed, shall be treated as periods of contributions of obligatory insurance due to gainful activity.

5. The periods of coverage of a person completed in a third country, with which Austria has a Social Security Agreement of the same kind, shall also be taken into account for the purpose of acquiring entitlement to a benefit under Austrian legislation.

Article 14
Calculation of Austrian Benefits

1. Where entitlement to a benefit exists under the Austrian legislation without the application of Article 13, the competent Austrian institution shall determine the amount of the benefit in accordance with the Austrian legislation on the basis of periods of insurance in Austria exclusively.

2. Where entitlement to a benefit exists under Austrian legislation only by totalising periods under Article 13, the competent institution for Austria shall determine the amount of the benefit in accordance with Regulation (EC) No. 883/2004, with periods of Australian working life residence, to be deemed periods of insurance in another Member State of the European Union.

3. As an exception from paragraph 2 of this Article, child raising periods shall be taken into account for the determination of the benefit only in accordance with the Austrian legislation.

4. Where the periods of insurance in Austria to be taken into account under the Austrian legislation for the calculation of the benefit are in aggregate less than twelve months, and no entitlement to a benefit has been established under the Austrian legislation exclusively on the basis of these periods, no benefit under that legislation shall be paid.

PART V – MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

Article 15
Lodgement of Documents

1. The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party is lodged with an authority, institution or other competent body of the other Party shall be treated, for all purposes concerning the matter to which it relates, as the date of lodgement of that document with an authority, institution or other competent body of the first Party.

2. The date on which a claim for a benefit under the legislation of a Party is lodged with the competent institution of that Party shall be considered to be the date on which a claim for the corresponding benefit under the legislation of the other Party was lodged if:

     (a) the applicant provides information at the time of the original claim indicating that the person on whose record benefits are claimed has completed relevant periods of residence or of insurance under the legislation of the other Party; and

     (b) a claim for the