Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p13
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 13/26)
Character Range: 83219–85846

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 age residence in New Zealand between age 20 and the date of severe disablement.
       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 that disability support pension.

    7. For the purposes of:
         (a) paragraph 2, where the pensioner is in Australia, but not a permanent resident of Australia;
         (b) subparagraph 5(a); and
         (c) paragraph 6, where the pensioner has less than 10 years as a New Zealand resident,
    any third country pension will be disregarded in the assessment of the pension and directly deducted from the rate of Australian pension.

    8. Subject to paragraph 1, where a carer payment is payable, by virtue of this Agreement or otherwise, to a person who is in New Zealand or to a person caring for a person who receives his or her disability support pension by virtue of this Agreement, the rate of that carer payment shall be the same proportion of the maximum carer payment as the proportion of the maximum disability support pension that is received by the person for whom the care is being given.

    9. A benefit paid under paragraphs 5, 6, or 8 shall continue to be calculated in the same way if the person goes to Australia and is not present long term there.

    10. A benefit paid under paragraphs 2, 5, 6, or 8 shall continue to be calculated in the same way if the person goes to a third country temporarily.  A benefit which is payable otherwise than by virtue of this Agreement shall be subject to the proportional calculation rules in the social security law of Australia for any period of temporary absence in a third country in excess of the period allowed for the payment of a benefit under this Agreement in Article 14.  For a benefit which is payable otherwise than by virtue of this Agreement, the provisions regarding the assessment of any New Zealand benefit, and where applicable, any third country pension from the rate of Australian benefit, shall continue to apply as if the person was in Australia or New Zealand, as the case may be, for the period that the New Zealand benefit is payable under this Agreement in a third country.

PART IV
COMMON PROVISIONS ON ELIGIBILITY

Article 14
Export of Benefits

  1. A benefit payable by a Party under this Agreement shall, subject to other provisions of this