Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p12
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 12/26)
Character Range: 80836–83463

using as the person's income, the amount calculated under subparagraph (a); then
         (c) deducting the amount of the New Zealand benefit or benefits, and where applicable any third country pension as provided in paragraph 7, received by that person from the rate of Australian benefit worked out under subparagraph (b).

    3. A benefit paid under paragraph 2 shall continue to be calculated in the same way if the person goes to New Zealand and is not present long term there.

    4. Where a member of a couple is, or both that person and his or her partner are, entitled to:

    (a) a New Zealand benefit or benefits; and/or

    (b) any third country pension;

    then each of them shall be deemed, for the purpose of this Article and for the social security law of Australia, to receive one half of either the amount of that benefit or the total of both of those benefits, as the case may be.

       5. (a) Where an age pension is payable, by virtue of this Agreement or otherwise, to a person who is present long term in New Zealand and who has less than 10 years as a New Zealand resident, then the rate of that age pension shall be determined (subject to paragraph 1) in accordance with the following formula:

          where,
          A = rate payable.
          Z = period in months of working age residence in New Zealand.
          R = the rate that would have been payable if that person had been in Australia and was qualified under the social security law of Australia to receive age pension.
       (b) Where an age pension is payable, by virtue of this agreement or otherwise, to a person who is present long term in New Zealand and who has more than 10 years as a New Zealand resident, then the rate of age pension shall be determined (subject to paragraph 1) in accordance with the following formula:

          where,
          A = rate payable.
          W = period in months of working age residence in Australia with a minimum period of 12 months.
          R = the rate that would have been payable if that person had been in Australia and was qualified under the social security law of Australia to receive age pension.

    6. Subject to paragraph 1, where a disability support pension is payable, by virtue of this Agreement or otherwise, to a person who is present long term in New Zealand, that pension shall be determined in accordance with the following formula:

       where,
       A = rate payable.
       L = period in months of working age residence in Australia between age 20 and the date of severe disablement with a minimum number of 12 months.
       N = period of working