Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:12:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 12 (pt 7/10)
Character Range: 406279–408958

pension for social reasons.

ARTICLE 10
Special Residence Requirements

The provisions laid down in the Social Pensions Act making periods of residence outside Denmark, for the purpose of training, equivalent to residence in the territory of Denmark in the calculation of the period of residence, shall, notwithstanding the provisions of Article 4, apply only to Danish nationals.

PART V—MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

ARTICLE 11
Lodgement of Documents

1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of the other Party in accordance with the Administrative Arrangement made pursuant to Article 14 at any time after the Agreement enters into force.

2. For the purposes of assessing entitlement to a benefit, the date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated as the date of lodgement of that document with the Competent Institution of the first Party.

3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by the social security laws of Australia.

ARTICLE 12
Determination of Claims

1. Subject to this Agreement, in determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:

        (a) a period as an Australian resident and a period of residence in Denmark; and

        (b) any event or fact which is relevant to that entitlement,

shall be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.

2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force.

3. Where:

        (a) a benefit is paid by a Party to a person in respect of a past period;

        (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and

        (c) the amount of the benefit paid by that other Party would have been reduced had the benefit paid by the first Party been paid during that period;

then

        (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period, shall be a debt due by that person to the other Party; and

        (e) the other