Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 7/17)
Character Range: 697017–699929

18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.

Article 11

Exceptions from the Provisions on Coverage

The Competent Authorities of both Contracting States may, by mutual consent, agree to a different application of Articles 7, 8 and 9 with respect to any person or category of persons.

PART III

APPLICATION OF SWISS LEGISLATION

Article 12
Disability Insurance: Rehabilitation Measures

    1. Australian nationals, who, immediately prior to eligibility for rehabilitation measures have been liable to pay contributions to the Swiss old age, survivors' and disability insurance, shall be entitled to such measures as long as they are physically present in Switzerland. Article 13 applies mutatis mutandis to this paragraph.

    2. Australian nationals, who, immediately prior to eligibility for rehabilitation measures have not been liable to pay contributions to the Swiss old age, survivors' and disability insurance because of their age, but nevertheless have been insured under this insurance, shall be entitled to such measures as long as they are domiciled in Switzerland, if, immediately prior to eligibility for the measures they have resided in Switzerland without interruption for at least one full year. Minor children shall, moreover also be entitled to such measures if they are domiciled in Switzerland and if they have either been born disabled there or have resided there without interruption since birth.

    3. Australian nationals residing in Switzerland who leave Switzerland for a period not exceeding three months shall not be deemed to have interrupted their residence in Switzerland within the meaning of paragraph 2.

    4. A child who is an Australian national and who is born disabled in Australia to a mother who:

         (a) is domiciled and insured in Switzerland; and

         (b) was absent from Switzerland for not more than 2 months before the birth;

     shall be treated as a child born disabled in Switzerland. In the case of a congenitally handicapped child, Swiss disability insurance shall also be responsible for meeting expenses incurred abroad during the first three months after the birth to the same extent as it would have been required to meet these in Switzerland.

    5. Paragraph 4 shall apply mutatis mutandis to a child born disabled outside the territory of the Contracting States; in such case, the Swiss disability insurance shall be responsible for meeting expenses incurred in the third State only if the measures had to be awarded there on an emergency basis due to the state of health of the child.

Article 13
Continuation of Disability Insurance Coverage

For the purpose of entitlement to ordinary pensions under Swiss legislation on disability insurance, Australian nationals shall remain insured for one year after the interruption of work resulting in disability, provided that person had to give