Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p3
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 3/13)
Character Range: 152529–155243

the legislation of a Party provides or allows that a benefit is payable outside Australia or Spain, as the case may be, then that benefit, when payable by virtue of this Agreement, is also payable in a third country.

    3. Where qualification for a benefit of one Party is subject to limitations as to time, then references to that Party in those limitations shall be read also as references to the other Party when that benefit is payable by virtue of this Agreement.

    4. Temporary incapacity, maternity and risk during pregnancy benefits, unemployment benefits and non‑contributory benefits of the Spanish social security system will be paid to the beneficiaries as long as they reside in Spain.

    5. Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died while that young person was an Australian resident, if that person and that young person were inhabitants of Australia, that pension shall, subject to the provisions of those laws, be payable while that person and that young person are residents of Spain.

PART II

PROVISIONS OF SPANISH APPLICABLE LEGISLATION

ARTICLE 6
Application of Spanish Legislation

    1. Where an employee or a self‑employed worker who is covered by the social security schemes of Spain is sent by his firm, or goes, to undertake temporary work in Australia he or she shall continue to be covered by those social security schemes so long as the period of proposed work does not exceed 5 years.

    2. If, owing to unforseen circumstances, the period of the work extends beyond 5 years, this extension may be recognised by the Competent Authority of Spain.

PART III ‑ PROVISIONS RELATING TO AUSTRALIAN BENEFITS

ARTICLE 7
Residence or Presence in Spain or a Third State

    1. Where a person would be qualified for a benefit under the legislation of Australia or under this Agreement except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but:

          (a) is an Australian resident or residing in Spain or a third country with which Australia has implemented an agreement that includes provision for cooperation in the lodgement and determination of claims for benefits; and

          (b) is in Australia, Spain or that third country,

    that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia.

    2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims double orphan pension.

ARTICLE 8
Partner‑related