Social Services (Reciprocity With United Kingdom) Regulations (Cth)
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - Incorporating
all amendments by legislation made to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 122 #DATE 28:02:1981)
all amendments by legislation made to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 122 #DATE 28:02:1981)
*1* The Social Services (Reciprocity with United Kingdom) Regulations (in force
Rules 1958 No. 30 as amended by the other Statutory Rules specified in the
following table:
----------------------------------------------------------------------------
Date of Application,
saving
Year and notification in Date of or transitional
number Gazette commencement provisions
---------------------------------------------------------------------------- 1958 No. 30 24 Apr 1958 1 Apr 1958
1962 No. 85 27 Sept 1962 1 Oct 1962 -
1975 No. 176 5 Sept 1975 5 Sept 1975 (a) -
---------------------------------------------------------------------------- (a) Regulation 4 of Statutory Rules 1975 No. 176 provides as follows:
"4. The amendments effected by these Regulations shall be deemed to have
come into operation on 6 March 1975."
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - TABLE OF
PROVISIONSTABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Repeal
4. Interpretation
5. Modifications and adaptations of Social Services Act
THE SCHEDULES
FIRST SCHEDULE
Agreement (''the Principal Agreement'')
SECOND SCHEDULE
Agreement (''the First Amending Agreement'')
THIRD SCHEDULE
Amendments made to Amended Principal Agreement by the Second
Amending Agreement
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SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Social Services (Reciprocity with United Kingdom) Regulations.*1*
See notes to first article of this Chapter.
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SECT. 2.
Commencement
2. These Regulations shall be deemed to have come into operation on the first day of April, 1958.*1*
See notes to first article of this Chapter.
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SECT. 3.
Repeal
3. The Social Services (Reciprocity with United Kingdom) Regulations (being Statutory Rules 1954, No. 8) are repealed.
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SECT. 4.
InterpretationSubstituted by 1962 No. 85 r. 2; amended by 1975 No. 176 r. 1
4. In these Regulations, unless the contrary intention appears-
"the Principal Agreement" means the agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth, being the agreement a copy of which is set out in the First Schedule to these Regulations;
"the First Amending Agreement" means the agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth, being the agreement a copy of which is set out in the Second Schedule;
"the Amended Principal Agreement" means the Principal Agreement as amended by the First Amending Agreement;
"the Second Amending Agreement" means the agreement on social security made on 6 March 1975 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth by which agreement the Amended Principal Agreement was amended in accordance with the variations set out in the Third Schedule.
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SECT. 5.
Modifications and adaptations of Social Services ActSubstituted by 1975 No. 176 r. 2
5. The Social Services Act 1947-1975, in its application to cases affected by the Amended Principal Agreement as amended by the Second Amending Agreement, has effect subject to such modifications and adaptations as are necessary for the purpose of giving effect to the Amended Principal Agreement as so amended.
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SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SCHEDULE SCH
FIRST SCHEDULE
Regulation 4
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF
THE COMMONWEALTH OF AUSTRALIA
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Being resolved to co-operate in the social field,
Desiring to make arrangements enabling persons who go from one country to the
other to receive social security benefits for age, widowhood, invalidity,
sickness, unemployment and family responsibilities, as far as possible at the
same rates and under the same conditions as persons who have been resident in
the latter country,
Have agreed as follows:
PART I-Definitions and General Provisions
ARTICLE 1
Definitions
For the purposes of this Agreement, unless the context otherwise requires-
(a) "age pension ", "invalid pension ", "wife's allowance" and "child's
allowance" have the same meaning as in the legislation of Australia;
(b) "benefit" means pension, allowance or benefit payable under the
legislation of one (or the other) country and includes any increase payable for
a dependant;
(c) "child" means, in relation to any person, a child, as defined in the
legislation which is being applied, who would be treated under that legislation
as being a child of that person or included in his family;
(d) "competent authority" means, in relation to the United Kingdom, the
Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland or the Isle of Man Board of Social Services, as
the case may require, and, in relation to Australia, the Director-General of
Social Services;
(e) "country" means, according to the context, the United Kingdom or
Australia;
(f) "family benefit" means, in relation to the United Kingdom, a family
allowance payable under the legislation of the United Kingdom, and, in relation
to Australia, child endowment payable under the legislation of Australia;
(g) "former Agreement" means the Agreement on Social Security signed in
London on the 8th June, 1953, on behalf of the Contracting Parties;
(h) "full standard rate" means, in relation to any benefit payable under
the legislation of the United Kingdom, the rate at which the beneficiary would
be qualified to receive that benefit if the relevant contribution conditions
were fully satisfied;
(i) "guardian's allowance ", "widow's allowance ", "widowed mother's
allowance" and "widow's basic pension" have the same meaning as in the
legislation of the United Kingdom;
(j) "legislation" means, according to the context, the laws, orders and
regulations specified in Article 2 which are or have been or may hereafter be in force in any part of one (or the other) country;
(k) "means test" means any provision of the legislation of Australia which
affects the payment or rate of a benefit on account of income or property;
(l) "pension age" means, in relation to any person, the age at which that
person is treated as reaching pensionable age under the legislation of the
United Kingdom;
(m) "qualified to receive" means, in relation to the United Kingdom,
entitled to receive subject to any disqualification or any provision about
giving notice, claiming, earnings, hospital treatment or overlapping benefits
which may be appropriate and, in relation to Australia, qualified to receive
after taking into account any means test which may be appropriate;
(n) "retirement pension" has the same meaning as in the legislation of the
United Kingdom and includes a contributory old age pension payable under that
legislation;
(o) "United Kingdom" means England, Scotland, Wales, Northern Ireland and
the Isle of Man;
(p) "widow's benefit" means in relation to the United Kingdom, a widow's
allowance, widowed mother's allowance or widow's pension payable under the
legislation of that country or a widow's basic pension so payable to a woman who became a widow before the 5th July, 1948;
(q) "widow's pension ", in relation to the United Kingdom, means a widow's
pension payable under the legislation of the United Kingdom other than a widow's basic pension, and, in relation to Australia, has the same meaning as in the
legislation of Australia.
ARTICLE 2
Legislation
(1) The provisions of this Agreement shall apply-
(a) in relation to the United Kingdom-
(i) to the National Insurance Act, 1946, the National Insurance Act
(Northern Ireland), 1946, the National Insurance (Isle of Man) Act, 1948, and
the legislation in force before the 5th July, 1948, which was replaced by those
Acts; and
(ii) to the Family Allowances Act, 1945, and the Family Allowances (Isle
of Man) Act, 1946; and
(b) in relation to Australia, to the Social Services Act 1947-1957.
(2) Subject to the provisions of paragraph (4) of this Article, this Agreement shall apply also to laws, orders and regulations which carry into effect, amend, supplement or consolidate the legislation specified in paragraph (1) of this
Article.
(3) This Agreement shall apply to laws, orders and regulations which amend or
supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to it or to any agreement on social security which
any two of the competent authorities of the United Kingdom have made with one
another.
(4) Subject to the provisions of paragraph (2) of Article 32, this Agreement
shall apply, only if the Contracting Parties so agree, to laws, orders and
regulations which amend or supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to any other reciprocal
agreement on social security which one (or the other) Party has made with the
Government of a third country or which any of the competent authorities of the
United Kingdom has made with the authority administering any scheme of social
security in a third country.
PART II-Retirement Pensions and Age Pensions
ARTICLE 3
United Kingdom retirement pensions by virtue of residence in Australia
(1) For the purposes of any claim to receive a retirement pension, a person
who is permanently resident in the United Kingdom shall be treated as if he, or, in the case of a claim made by a married woman or a widow by virtue of her
husband's insurance, her husband, had paid contributions under the legislation
of the United Kingdom for any period during which he was resident in Australia,
and for any period during which he was proceeding from either country to the
other if he arrived in the latter country within thirteen weeks after leaving
the former country.
(2) Where the person claiming a retirement pension is a married woman claiming by virtue of her own insurance, the provisions of paragraph (1) of this Article
shall not apply to her unless-
(a) she has paid one hundred and fifty-six contributions under the
legislation of the United Kingdom (other than contributions which would not be
taken into account for the purposes of any claim to receive a benefit under that legislation) for any period after the date of her mariage and before the date
when she reaches pension age; or
(b) at the time when she was last in Australia, she was being treated as a
widow for the purposes of her right to receive a widow's pension under the
legislation of Australia, or would have been so treated but for her earnings.
(3) Where the person claiming a retirement pension is a widow claiming by
virtue of her own insurance and she has chosen to have her husband's
contributions taken into account, the provisions of paragraph (1) shall apply
both to her husband and to herself.
(4) Where a person who is permanently resident in the United Kingdom was
receiving an age pension, otherwise than by virtue of this Agreement or the
former Agreement, at the time when he was last in Australia, and was over
pension age at that time, he shall, if he is not qualified by virtue of
paragraphs (1), (2) and (3) of this Article to receive a retirement pension at
the full standard rate, be treated as if he satisfied the contribution
conditions for such a pension: Provided that a married woman who does not
satisfy either of the conditions specified in paragraph (2) of this Article
shall be treated for the purposes of this paragraph as if her husband and not
she satisfied the said contribution conditions.
(5) Subject to the provisions of Article 21, any pension which is awarded by
virtue of this Article shall cease to be payable if the pensioner ceases to be
permanently resident in the United Kingdom.
ARTICLE 4
Australian age pensioner deemed to have retired
For the purposes of any claim to receive a retirement pension, a person shall
be deemed to have retired from regular employment if, at any time within the
four months before his arrival in the United Kingdom, he was receiving an age
pension.
ARTICLE 5
United Kingdom contributions payable after pension age
For the purposes of those provisions of the legislation of the United Kingdom
which concern the payment of contributions for any period after the insured
person has reached pension age and the increase of the weekly rate of retirement pension by virtue of those contributions, a person who was resident in Australia for any period shall be treated as if he had become an insured person at the
beginning of that period.
ARTICLE 6
Restoration of retirement pension rights
A person who at any time before the 7th January, 1954, chose not to qualify
for a retirement pension but to have a refund of part of the contributions which he had paid under the legislation of the United Kingdom may, if he was resident
in Australia for any period before or after that time, cancel that choice by
giving notice to the competent authority of the United Kingdom and repaying the
sum which he received by way of refund of contributions.
ARTICLE 7
United Kingdom retirement pensions in Australia
(1) Where a person would be qualified to receive a retirement pension,
otherwise than by virtue of this Agreement or the former Agreement, if he were
in the United Kingdom, he shall be qualified to receive that pension while he is in Australia.
(2) This Article shall have effect subject to the provisions of Article 24.
ARTICLE 8
Australian age pensions by virtue of residence in the United Kingdom
(1) For the purposes of any claim to receive an age pension, a person who is
permanently resident in Australia shall be treated as if he had been resident
there during any period-
(a) during which he was resident in the United Kingdom; or
(b) during which he was proceeding from the United Kingdom to Australia, if
he arrived in Australia within thirteen weeks after leaving the United Kingdom.
(2) This Article shall have effect subject to the provisions of Article 25.
PART III-Widows' Benefits and Widows' Pensions
ARTICLE 9
United Kingdom widows' benefits by virtue of residence in Australia
(1) For the purposes of any claim to receive a widow's benefit under the
legislation of the United Kingdom, a widow who is permanently resident in the
United Kingdom shall be treated as if her husband had paid contributions under
that legislation for any period during which he was resident in Australia, and
for any period during which he was proceeding from either country to the other
if he arrived, in the latter country within thirteen weeks after leaving the
former country.
(2) Where a widow who is permanently resident in the United Kingdom was
receiving a widow's pension under the legislation of Australia, otherwise than
by virtue of this Agreement or the former Agreement, at the time when she was
last in that country, and is not qualified by virtue of paragraph (1) of this
Article to receive a widowed mother's allowance or widow's pension at the full
standard rate under the legislation of the United Kingdom, she shall be
qualified to receive at the full standard rate-
(a) a widowed mother's allowance if she has a child in her family or if she
has residing with her a person under the age of eighteen years and the widow's
pension which she was receiving at the time when she was last in Australia was
being paid to her on the basis that she had the custody, care and control of
that child or of that person; or
(b) a widow's pension or retirement pension, as the case may require, if she
is not qualified to receive a widowed mother's allowance but had reached the age of fifty years either before she last left Australia or when she ceased to be
qualified to receive a widowed mother's allowance.
(3) Subject to the provisions of Article 21, any widow's benefit which is
awarded by virtue of this Article shall cease to be payable if the widow ceases
to be permanently resident in the United Kingdom.
ARTICLE 10
United Kingdom widow or widow's child in Australia
(1) Where a woman would be qualified to receive a widow's benefit under the
legislation of the United Kingdom, otherwise than by virtue of this Agreement or the former Agreement, if she were in the United Kingdom, she shall be qualified
to receive that benefit while she is in Australia.
(2) Where a woman would be qualified under the legislation of the United
Kingdom, otherwise than by virtue of this Agreement or the former Agreement, to
receive a widowed mother's allowance, including an allowance for a child, if her child were in the United Kingdom, she shall be qualified to receive that
allowance for any period-
(a) during which the child is in Australia; or
(b) during which the child is proceeding from one country to the other, if he arrives in the latter country within thirteen weeks after leaving the former
country.
(3) This Article shall have effect subject to the provisions of Article 24.
ARTICLE 11
Australian widows' pensions by virtue of residence in the United Kingdom
(1) For the purposes of any claim to receive a widow's pension under the
legislation of Australia, a woman who is permanently resident in that country
shall be treated as if she had been resident in Australia during any period-
(a) during which she was resident in the United Kingdom;
(b) during which she was absent from the United Kingdom, if her husband paid
contributions or had contributions credited to him for that period under the
legislation of the United Kingdom; or
(c) during which she was proceeding from the United Kingdom to Australia, if
she arrived in Australia within thirteen weeks after leaving the United Kingdom.(2) This Article shall have effect subject to the provisions of Article 25.
PART IV-Family Allowances, Guardians' Allowances and Child Endowment
ARTICLE 12
Family benefit paid in one country by virtue of residence in the other
(1) If a person is in the United Kingdom but is treated, otherwise than by
virtue of this Agreement, for the purposes of the legislation of Australia as
being in Australia, he shall be qualified to receive family benefit for a child
in accordance with the provisions of that legislation; and no family benefit for that child shall be paid under the legislation of the United Kingdom.
(2) Subject to the provisions of paragraph (1) of this Article-
(a) if a person who has claimed family benefit under the legislation of one
country or the child for whom family benefit has been so claimed is permanently
resident in that country, then, for the purposes of any right to receive that
benefit, any period during which he was resident or present in the other country shall be treated as a period during which he was, respectively, resident or
present in the former country and, if he was born in the latter country, he
shall be treated as if he had been born in the former country; and
(b) if a person who has claimed family benefit under the legislation of one
country is temporarily absent from that country, he shall, for the purposes of
any right to receive that benefit, be treated during any period during which he
is in the other country as if he were in the former country, provided that the
said period begins within thirteen weeks after the time when he was last in the
former country; but he shall be qualified to receive only the amount of family
benefit which he would have received under the legislation of the latter country if that amount is less than the amount which he would have received under the
legislation of the former country.
(3) Where the circumstances in which a person is receiving education or
undergoing training in Australia are such that, if they had occurred in the
United Kingdom, they would have enabled that person to be treated, for the
purposes of the legislation of the United Kingdom, as undergoing full-time
instruction in a school or as undergoing full-time training, as the case may be, that person shall, for the purposes of any right to receive family benefit under the legislation of the United Kingdom, be treated as undergoing full-time
instruction in a school or as undergoing full-time training, as the case may be.(4) Any child born to a woman while she is temporarily absent from one country in circumstances in which she is treated, in accordance with sub-paragraph (b)
of paragraph (2) of this Article, as if she were in that country shall, for the
purposes of any right to receive family benefit under the legislation of that
country, be treated as if the child had been born in that country and, so long
as the woman or her husband is so temporarily absent, as if the child were in
that country during any period during which the child is in the other country.
(5) Where any person is qualified to receive family benefit for a child under
the legislation of one country by virtue of the provisions of paragraph (2) of
this Article, no family benefit for that child shall be paid under the
legislation of the other country.
ARTICLE 13
Guardians' allowances
Where a person who is permanently resident in the United Kingdom claims a
guardian's allowance for a child who is permanently resident there, any parent
of that child who, after reaching the age of fifteen years, was resident in
Australia on or after the 5th July, 1948, shall be treated as if he had been
insured under the legislation of the United Kingdom.
ARTICLE 14
Family allowances in Northern Ireland
The Contracting Parties agree that the Reciprocal Arrangements relating to
Family Allowances in Northern Ireland and Child Endowment in Australia, a
Memorandum of which is set out in the Schedule to the former Agreement, shall
continue to have effect.
PART V-Sickness Benefits and Invalid Pensions
ARTICLE 15
Australian sickness benefits by virtue of United Kingdom residence
If a person in Australia claims a sickness benefit under the legislation of
that country, he shall be treated, for the purposes of that claim, as if he had
been resident in Australia-
(a) during any period during which he was resident in the United Kingdom; and
(b) during the period after his departure from the United Kingdom until his
arrival in Australia, if that period does not exceed thirteen weeks.
ARTICLE 16
Australian invalid pensions by virtue of United Kingdom residence
(1) If a person who is permanently resident in Australia claims an invalid
pension under the legislation of that country, he shall be treated for the
purposes of that claim-
(a) as if he had been resident in Australia during any period-
(i) during which he was resident in the United Kingdom; or
(ii) during which he was proceeding from the United Kingdom to Australia,
if he arrived in Australia within thirteen weeks after leaving the United
Kingdom; and
(b) as if he had become permanently incapacitated for work or permanently
blind while in Australia, if he became permanently incapacitated for work or
permanently blind, as the case may be, while in the United Kingdom or while
proceeding from the United Kingdom to Australia.
(2) If a person is qualified to receive an invalid pension by virtue of the
provisions of paragraph (1) of this Article, then, subject to the provisions of
paragraph (3) of this Article and to the provisions of the legislation of
Australia, his wife shall be qualified to receive a wife's allowance and he or
his wife shall be qualified to receive a child's allowance.
(3) Where a person, at the time when he arrives in Australia, is qualified to
receive an invalid pension by virtue of the provisions of paragraph (1) of this
Article-
(a) he shall not receive more by way of such pension than the amount of the
sickness benefit which he would have received under the legislation of the
United Kingdom if he had remained in that country and any provision of that
legislation about overlapping benefits which would have been appropriate in his
case had not been applied;
(b) his wife shall not receive more by way of a wife's allowance than the
amount by which the amount of the sickness benefit which he would have received
under the legislation of the United Kingdom exceeds the amount of the invalid
pension which he is qualified to receive; and
(c) any child's allowance which he or his wife is qualified to receive shall
not exceed the amount by which the amount of the sickness benefit which he would have received under the legislation of the United Kingdom exceeds the total
amount of the invalid pension and the wife's allowance which he and his wife are respectively qualified to receive.
ARTICLE 17
United Kingdom sickness benefit by virtue of gainful occupation in Australia
(1) Where a person, who is, or would but for his incapacity for work be,
ordinarily gainfully occupied, claims a sickness benefit under the legislation
of the United Kingdom or applies for contributions to be credited to him under
that legislation for any period during which he is incapable of work, he shall
be treated-
(a) as if he had paid a contribution-
(i) under the legislation of the United Kingdom concerning National
Health Insurance in force before the 5th July, 1948, for any week before that
date during which he was gainfully occupied under a contract of service in
Australia;
(ii) as an employed person for any week after that date during which he
was gainfully occupied under a contract of service in Australia;
(iii) as a self-employed person for any other week after that date during
which he was gainfully occupied in Australia; and
(iv) as a non-employed person for any week after that date during which he was proceeding from either country to the other, if he arrived in the latter
country within thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him-
(i) as an employed person for any week during which he was resident in
Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied.
(2) Nothing in paragraph (1) of this Article shall diminish any right which a
person has, apart from this Agreement, to receive a sickness benefit under the
legislation of the United Kingdom.
(3) Where a person who is permanently resident in the United Kingdom was
receiving-
(a) a sickness benefit, an invalid pension or a rehabilitation allowance
under the legislation of Australia; or
(b) a payment under the Tuberculosis Act 1948 of the Commonwealth of
Australia,
when he was last in Australia and is incapable of work at the time when he
arrives in the United Kingdom, he shall be treated under the legislation of the
United Kingdom as if, at that time and for so long as he continues from that
time to be incapable of work, he satisfied the contribution conditions under
which sickness benefit is payable for an indefinite period.
PART VI-Unemployment Benefits
ARTICLE 18
(1) If a person in one country claims an unemployment benefit under the
legislation of that country, he shall be treated for the purposes of his claim
as if he had been resident in that country during any period-
(a) during which he was resident in the other country; or
(b) during which he was proceeding from the latter country to the former
country, if that period does not exceed thirteen weeks.
(2) Where a person claims an unemployment benefit under the legislation of the United Kingdom or applies for contributions to be credited to him under that
legislation for any period during which he is unemployed, he shall be treated-
(a) as if he had paid a contribution-
(i) as an employed person for any week during which he was gainfully
occupied under a contract of service in Australia;
(ii) as a self-employed person for any other week during which he was
gainfully occupied in Australia; and
(iii) as a non-employed person for any week during which he was proceeding from either country to the other, if he arrived in the latter country within
thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him-
(i) as an employed person for any week during which he was resident in
Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied.
(3) Nothing in paragraph (2) of this Article shall diminish any right which a
person has, apart from this Agreement, to receive an unemployment benefit under
the legislation of the United Kingdom.
PART VII-Beneficiaries moving from one Country to the other
ARTICLE 19
Australian pensioner migrating to the United Kingdom
Where a person-
(a) leaves Australia to become permanently resident in the United Kingdom and arrives in the United Kingdom within thirteen weeks after leaving Australia; and
(b) was qualified to receive and was receiving an age pension, an invalid
pension, a wife's allowance, a child's allowance or a widow's pension under the
legislation of Australia, whether by virtue of this Agreement or otherwise,
immediately before leaving Australia,
that pension shall not cease to be payable, and may be paid, for the period
during which he is proceeding to the United Kingdom.
ARTICLE 20
Australian pensioner visiting the United Kingdom
(1) The provisions of this Article shall apply only to age pensions, invalid
pensions, wives' and children's allowances and widows' pensions payable under
the legislation of Australia, whether by virtue of this Agreement or otherwise.
(2) Where a person-
(a) is temporarily absent from Australia and arrives in the United Kingdom
within thirteen weeks after leaving Australia; and
(b) was qualified to receive, and was receiving, a benefit immediately before leaving Australia,
that benefit shall not cease to be payable, and may be paid, during that
temporary absence, but payment for the period after his departure from the
United Kingdom until his arrival in Australia shall not be made unless that
period does not exceed thirteen weeks.
(3) A person-
(a) who is temporarily absent from Australia and arrives in the United
Kingdom within thirteen weeks after leaving Australia;
(b) who, if he had not left Australia, would have become qualified to receive a benefit at a time during that temporary absence; and
(c) who, if that time is between the date of his departure from the United
Kingdom and the date of his arrival in Australia, arrives in Australia within
thirteen weeks after leaving the United Kingdom,
shall be treated as if he had become qualified to receive that benefit at that
time, and the benefit shall be payable, and may be paid, during his temporary
absence, but payment for the period after his departure from the United Kingdom
until his arrival in Australia shall not be made unless that period does not
exceed thirteen weeks.
(4) Where-
(a) a person is, by virtue of the last preceding paragraph, treated as if he
had become qualified to receive a benefit at a time after his departure from
Australia but before his arrival in the United Kingdom or after his departure
from the United Kingdom but before his arrival in Australia; and
(b) he lodges a claim for that benefit within fourteen days after his arrival in the United Kingdom or Australia, as the case may be,
the claim shall be treated, for the purposes of determining the date from which
the benefit may be paid, as if it had been lodged at the time when he is treated as having become so qualified.
ARTICLE 21
United Kingdom beneficiary proceeding to or from Australia
(1) Where a person-
(a) leaves the United Kingdom to become permanently resident in Australia and arrives in Australia within thirteen weeks after leaving the United Kingdom; and
(b) was qualified to receive a retirement pension or a widow's benefit under
the legislation of the United Kingdom, whether by virtue of this Agreement or
otherwise, immediately before his departure from the United Kingdom,
that person shall continue to be so qualified for the period of the journey.
(2) Where a person to whom the provisions of paragraph (1) of this Article do
not apply would be qualified, if he were in the United Kingdom, to receive a
retirement pension or a widow's benefit under the legislation of that country,
otherwise than by virtue of this Agreement or the former Agreement, he shall be
qualified to receive that pension or benefit for any period during which he is
proceeding from one country to the other.
(3) This Article shall have effect subject to the provisions of Article 24.
PART VIII-Miscellaneous Provisions
ARTICLE 22
United Kingdom beneficiary with dependant in Australia
(1) Where a person, who is qualified to receive any benefit under the
legislation of the United Kingdom, other than a retirement pension payable by
virtue of Article 3 of this Agreement, would be qualified to receive also an
increase of that benefit for a dependant if the dependant were in the United
Kingdom, he shall be qualified to receive that increase while the dependant is
in Australia unless the dependant is a child for whom child endowment is payable under the legislation of Australia.
(2) Where the dependant of any person is proceeding from one country to the
other, and arrives in the latter country within thirteen weeks after leaving the former country, the provisions of paragraph (1) of this Article shall apply to
that person as if the dependant were in Australia.
ARTICLE 23
Family benefit for period of journey
Where a person was qualified under the legislation of either country, whether
by virtue of this Agreement or otherwise, to receive family benefit for a child
immediately before he or the child or both left one of the two countries and
would have remained so qualified if he or the child or both, as the case may be, had not left that country, the benefit shall not cease to be payable, and may be paid, for any period (not exceeding thirteen weeks in the case of any one
journey) during which he or the child or both, as the case may be, are
proceeding to the other country.
ARTICLE 24
Rate of United Kingdom benefit in Australia
Where a person who is not resident in the United Kingdom is in Australia and
is qualified to receive any benefit under the legislation of the United Kingdom, the rate of that benefit shall be determined in accordance with those provisions of that legislation which concern the payment of benefit to persons who are not
resident in the United Kingdom.
ARTICLE 25
United Kingdom beneficiary qualified to receive Australian benefit
(1) The provisions of this Article shall apply, in relation to the United
Kingdom, only to retirement pensions and widows' benefits, and, in relation to
Australia, only to age pensions, invalid pensions, wives' allowances and widows' pensions, whether they are payable by virtue of this Agreement or otherwise;
and, for the purposes of applying those provisions, the effect of any provision
of the legislation of the United Kingdom which concerns overlapping benefits
shall be disregarded.
(2) Subject to the provisions of paragraph (4) of this Article, where a person is qualified to receive a benefit under the legislation of Australia, the amount of any benefit which he is entitled to receive under the legislation of the
United Kingdom shall be disregarded in the computation of his income and shall
be deducted from the amount of benefit which would otherwise be payable to him
under the legislation of Australia.
(3) Where a married woman is qualified to receive a benefit under the
legislation of Australia, the amount of any increase of benefit which her
husband is entitled to receive for her under the legislation of the United
Kingdom shall be disregarded in the computation of his income and her income,
and shall be deducted from the amount of benefit which would otherwise be
payable to her under the legislation of Australia.
(4) Where a man and his wife are both entitled to receive benefits under the
legislation of Australia, the provisions of paragraph (2) of this Article shall
not apply to any increase of benefit which he is entitled to receive for her
under the legislation of the United Kingdom, but the provisions of paragraph (3) shall apply to that increase of benefit.
ARTICLE 26
Widow receiving invalid or widow's pension before migration to the United
Kingdom
Where a widow who is permanently resident in the United Kingdom was receiving
an invalid pension or a widow's pension under the legislation of Australia,
otherwise than by virtue of this Agreement or the former Agreement, from the
time when her husband died until the time when she was last in Australia, she
shall, for the purposes of any claim to receive a sickness benefit, an
unemployment benefit or a retirement pension under the legislation of the United Kingdom, be treated as if, at the time when she arrived in the United Kingdom,
she ceased to be entitled to a widow's allowance under that legislation.
ARTICLE 27
Meaning of "permanently resident "
For the purposes of applying the provisions of Articles 3, 8, 9, 11, 12, 13,
16, 17, 19, 20, 21 and 26, a person shall be treated as permanently resident in
one country and shall not be treated as temporarily absent from the other
country-
(a) if the competent authority of the former country is satisfied that he is
likely to remain there for at least three years; or
(b) if he has been temporarily resident in the former country for at least
one year and the competent authorities of the two countries have not agreed that he should not be treated as permanently resident in that country.
ARTICLE 28
Meaning of "resident in the United Kingdom "
For the purposes of applying the provisions of Articles 8, 11, 12, 15, 16, and 18, a person shall be treated as having been resident in the United Kingdom
during any period of absence from that country during which he was not resident
in Australia and for which he paid contributions voluntarily or compulsorily
under the legislation of the United Kingdom or for which he had contributions
credited to him under that legislation.
ARTICLE 29
Meaning of "resident in Australia "
(1) For the purposes of applying the provisions of Articles 3, 5, 6, 9, 12,
13, 17 and 18, a person shall be treated as having been resident in Australia
during any period of absence from that country if he was treated, otherwise than by virtue of this Agreement or the former Agreement, as being resident there
during that period for the purposes of the legislation of that country.
(2) For the purposes of applying the provisions of Articles 3, 5, 6, 9, 17 and 18, no account shall be taken of any period during which a person was resident
in Australia before he reached the age of fifteen years or after he reached
pension age.
PART IX-Administration
ARTICLE 30
Administrative arrangements
The competent authorities-
(a) shall make such administrative arrangements as may be required for the
purposes of giving effect to this Agreement and shall determine all matters of
an incidental and supplementary nature which in their opinion are relevant for
that purpose;
(b) shall communicate to each other information regarding any measure taken
by them to give effect to this Agreement;
(c) shall supply to each other, on request, information regarding the
circumstances of any person who claims a benefit in accordance with the
provisions of this Agreement; and
(d) shall communicate to each other, as soon as possible, information
regarding any changes made in the legislation of their countries which affect
the application of this Agreement.
ARTICLE 31
Agency payments
Where, under the provisions of Articles 7, 10, 12, 19, 20, 21 or 23 of this
Agreement, any benefit is payable under the legislation of one country to a
person who is in the other country, the payment may, at the request of the
competent authority of the former country, be made by the competent authority of the latter country as agent for the competent authority of the former country.
PART X-Extension of Agreement to other Territories
ARTICLE 32
(1) Where any territory for whose international relations the Government of
the United Kingdom is responsible has a scheme of social insurance which
provides benefits comparable with the benefits provided by the schemes of
National Insurance of the United Kingdom and is linked with those schemes by
means of a reciprocal agreement, the Contracting Parties, at the request of the
Government of that Territory, may agree to extend this Agreement by means of an
Exchange of Notes so that it applies to that territory.
(2) If this Agreement is extended to any territory in accordance with the
provisions of paragraph (1) of this Article, it shall apply, subject to such
modifications as may be agreed by the Contracting Parties and specified in the
Exchange of Notes-
(a) to periods of residence in that territory or insurance under that
territory's scheme of social insurance, in the same way as it applies to periods of residence in the United Kingdom or insurance under the legislation of the
United Kingdom; and
(b) in relation to persons in that territory or resident in that territory,
to that territory's scheme of social insurance, in the same way as it applies,
in relation to persons in the United Kingdom or resident in the United Kingdom,
to the legislation of the United Kingdom,
and, subject as aforesaid, the legislation of the United Kingdom shall be deemed to include any Order in Council giving effect to the reciprocal agreement which
links that territory's scheme of social insurance with the schemes of National
Insurance of the United Kingdom.
PART XI-Transitional and Final Provisions
ARTICLE 33
Transitional provisions
(1) No provision of this Agreement shall confer any right to receive any
payment of a benefit for a period before the date of the entry into force of
this Agreement.
(2) Any contribution which a person has paid under the legislation of the
United Kingdom before the date of the entry into force of this Agreement, and
any period during which a person has been resident in either country before that date, shall be taken into account for the purposes of determining the right to
receive a benefit in accordance with the provisions of this Agreement.
(3) No provision of this Agreement shall diminish any rights which a person
has acquired under the legislation of either country before the date of the
entry into force of this Agreement, whether by virtue of the former Agreement or otherwise, and a person who, before the 7th January, 1959, makes a claim to
receive an age pension, an invalid pension or a wife's allowance shall have the
right to have his claim determined without regard to the provisions of this
Agreement or the former Agreement.
ARTICLE 34
Termination of Agreement
In the event of the termination of this Agreement, any rights acquired by a
person in accordance with its provisions shall be maintained, and the
Contracting Parties shall negotiate for the settlement of any rights then in
course of acquisition by virtue of those provisions.
ARTICLE 35
Entry into force of Agreement
(1) This Agreement shall enter into force on the 1st April, 1958, and shall
remain in force for a period of one year from that date. Thereafter it shall
continue in force from year to year unless-
(a) the Parties agree to terminate it; or
(b) either Party gives notice of termination in writing at least six months
before the expiry of any such yearly period.
(2) Subject to the provisions of Articles 14 and 33, the former Agreement
shall be terminated on the date of entry into force of this Agreement.
IN WITNESS whereof the undersigned, duly authorized by their respective
Governments, have signed this Agreement.
DONE in duplicate at Canberra, this twenty-ninth day of January, Nineteen
hundred and fifty-eight.
For the Government of the For the Government of the
United Kingdom of Great Britain Commonwealth of Australia:
and Northern Ireland:
HAROLD MACMILLAN ROBERT MENZIES
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Substituted by 1962 No. 85 r. 3
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SCHEDULE SCH
SECOND SCHEDULE
Regulation 4
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF
THE COMMONWEALTH OF AUSTRALIA
Canberra, 16th August, 1962
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Desiring to modify and extend the Agreement on Social Security which was
signed on their behalf at Canberra on the 29th January, 1958,
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement, the expression "the Principal Agreement " means the Agreement on Social Security between the Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of the
Commonwealth of Australia which was signed at Canberra on behalf of those
Governments on the 29th January, 1958.
ARTICLE 2
Article 1 of the Principal Agreement shall be amended-
(a) by inserting after paragraph (d) the following paragraph:
"(da) 'contribution', in relation to the legislation of the United
Kingdom, does not include a graduated contribution within the meaning of that
legislation; ";
(b) by omitting paragraph (n) and substituting the following paragraph:
"(n) 'retirement pension' means a retirement pension under the
legislation of the United Kingdom and includes a contributory old age pension
under that legislation and any graduated retirement benefit constituted by an
increase in the weekly rate of a retirement pension under that legislation; ";
and
(c) by omitting paragraph (p) and substituting the following paragraph:
"(p) 'widow's benefit', in relation to the United Kingdom, means a
widow's allowance, a widowed mother's allowance (including any graduated
retirement benefit constituted by an increase in the weekly rate of a widowed
mother's allowance) or a widow's pension under the legislation of that country
or a widow's basic pension payable under the legislation of that country to a
woman who became a widow before the 5th July, 1948; ".
ARTICLE 3
Article 2 of the Principal Agreement shall be amended by inserting in clause
(ii) of sub-paragraph (a) of paragraph (1), after the words "the Family
Allowances Act, 1945, ", the words "the Family Allowances Act (Northern
Ireland), 1945 ".
ARTICLE 4
Article 3 of the Principal Agreement shall be amended-
(a) by inserting in paragraph (2), before the word "unless ", the words "in respect of any period during which she was a married woman "; and
(b) by omitting paragraph (3) and substituting the following paragraphs:
"(3) Where-
(a) a woman claiming a retirement pension by virtue of her own insurance
has been, but is not at the time of the claim, married and chooses to have her
former husband's contributions taken into account for the purposes of her claim; and
(b) her former husband had been resident in Australia for any period,
her former husband shall be treated, for the purposes of her claim, as if he had paid contributions under the legislation of the United Kingdom for any
period referred to in sub-paragraph (b) of this paragraph and for any other
period commencing immediately after, or ending immediately before, that period
during which he was proceeding on a journey between Australia and the United
Kingdom that was completed within thirteen weeks.
"(3A) Where a person claiming a retirement pension is a woman who-
(a) would have been qualified to receive a widow's benefit, other than a
widow's basic pension, for any period by virtue of Article 9 of this Agreement,
if this Agreement had been in force during that period; or
(b) would be qualified, under the arrangements made for crediting
contributions to widows claiming retirement pensions under the legislation of
the United Kingdom, to have contributions credited to her for any period if this Agreement had been in force during that period,
she shall be treated, for the purposes of her claim, as if contributions had been credited to her for that period. ";
(c) by omitting from paragraph (4) the words and figures "paragraphs (1),
(2) and (3)" and substituting the words "the preceding paragraphs "; and
(d) by omitting the proviso to paragraph (4) and substituting the following
proviso:
"Provided that, if that person is a married woman who does not satisfy
either of the conditions specified in paragraph (2) of this Article, she shall
be treated as if her husband and not she satisfied the said contribution
conditions. ".
ARTICLE 5
Article 5 of the Principal Agreement shall be amended by inserting after the
word "contributions" (first occurring) the words ", including graduated
contributions, ".
ARTICLE 6
Article 8 of the Principal Agreement shall be amended by inserting after
paragraph (1) the following paragraph:
"(1A) For the purposes of any claim to receive an age pension, a woman who is permanently resident in Australia and who is, or has been, married shall be
treated as if she had been resident in Australia during any period of absence
from the United Kingdom during her marriage, if her husband paid contributions
or had contributions credited to him for that period under the legislation of
the United Kingdom. ".
ARTICLE 7
Article 12 of the Principal Agreement shall be amended-
(a) by omitting paragraph (2) and substituting the following paragraph:
"(2) Subject to the provisions of paragraph (1) of this Article-
(a) if a person who has claimed family benefit under the legislation of
one country is permanently resident in that country, then, for the purposes of
any right to receive that benefit, any period during which he was in the other
country shall be treated as a period during which he was in the first-mentioned
country, and, if he was born in the other country, he shall be treated as if he
had been born in the first-mentioned country;
(b) if a child for whom family benefit has been claimed under the
legislation of one country is permanently resident in that country, then, for
the purposes of any right to receive that benefit, any period during which he
was resident in the other country shall be treated as a period during which he
was resident in the first-mentioned country, and, if he was born in the other
country, he shall be treated as if he had been born in the first-mentioned
country;
(c) if a person who has claimed family benefit for a child under the
legislation of one country is in the other country and is not qualified to
receive family benefit for that child under the legislation of the other
country, he shall be treated for the purposes of his claim as if he were in the
first-mentioned country; and
(d) if a person who has claimed family benefit under the legislation of
one country is temporarily absent from that country and, during that absence, is in the other country for a period commencing within thirteen weeks after his
departure from the first-mentioned country, he shall, for the purposes of any
right to receive that benefit, be treated as if during that period he were in
the first-mentioned country, but he shall not be qualified to receive during
that period an amount of family benefit greater than the amount that he would
have been qualified to receive during that period under the legislation of the
other country if that legislation had applied in relation to him and his family
during that period. "; and
(b) by omitting from paragraph (4) the word and letter "sub-paragraph (b) "
and substituting the word and letter "sub-paragraph (d) ".
ARTICLE 8
Article 14 of the Principal Agreement shall be omitted.
ARTICLE 9
Article 16 of the Principal Agreement shall be amended-
(a) by omitting from paragraph (2) the word and figure "paragraph (3)" and
substituting the words and figures "paragraph (3) and (4) "; and
(b) by omitting paragraph (3) and substituting the following paragraphs:
"(3) Where a person is permanently incapacitated for work or permanently
blind at the time when he arrives in Australia, the fortnightly amount of any
invalid pension, or the sum of the fortnightly amounts of any invalid pension,
wife's allowance and child's allowance, payable in his case by virtue of the
provisions of paragraphs (1) and (2) of this Article, shall not exceed twice the full standard weekly rate of sickness benefit which would be payable to him
under the legislation of the United Kingdom if he and his family (if any) had
remained in that country and none of the provisions of that legislation about
overlapping benefits were applied to him.
"(4) Where the sum of the fortnightly amounts of two or more benefits is
reduced by virtue of the provisions of paragraph (3) of this Article, the
fortnightly amount payable by way of each of those benefits shall bear the same
relation to the maximum fortnightly amount of that benefit as the
first-mentioned sum, thus reduced, bears to the sum of the maximum fortnightly
amounts of those benefits.
"(5) For the purposes of this Article, a person shall be deemed to be
permanently incapacitated for work if the degree of his permanent incapacity for work is not less than 85 per centum as determined under the legislation of
Australia. ".
ARTICLE 10
Sub-paragraph (b) (ii) of paragraph (1) of Article 17 and sub-paragraph (b)
(ii) of paragraph (2) of Article 18 of the Principal Agreement shall be omitted
and in their places there shall be substituted the following sub-paragraph:
"(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied or if he was having
contributions credited to him on grounds of incapacity for work under the
legislation of the United Kingdom immediately before the time when he last left
that country before that week. ".
ARTICLE 11
Article 19 of the Principal Agreement shall be omitted and in its place there
shall be substituted:
Australian pensioner migrating to the United Kingdom
"ARTICLE 19
"Where a person-
(a) leaves Australia to become permanently resident in the United Kingdom and arrives in the United Kingdom within thirteen weeks after leaving Australia; and
(b) was qualified to receive and was receiving an age pension, an invalid
pension, a wife's allowance, a child's allowance or a widow's pension under the
legislation of Australia, whether by virtue of this Agreement or otherwise,
immediately before leaving Australia,
that pension or allowance shall not cease to be payable, and may be paid, for
the period during which he is proceeding to the United Kingdom and, if he makes
a claim within fourteen days after the day of his arrival in the United Kingdom
for a benefit under the legislation of the United Kingdom corresponding to that
pension or allowance and that benefit is payable to him under the legislation of the United Kingdom, for the period from the day of his arrival in the United
Kingdom till the day immediately before the day from which the benefit that he
claims becomes payable to him. ".
ARTICLE 12
Article 20 of the Principal Agreement shall be amended-
(a) by inserting in sub-paragraph (a) of paragraph (2), after the word
"Australia" (first occurring), the words "for the primary purpose of visiting the United Kingdom "; and
(b) by inserting in sub-paragraph (a) of paragraph (3), after the word
"Australia" (first occurring), the words "for the primary purpose of visiting the United Kingdom ".
ARTICLE 13
Article 21 of the Principal Agreement shall be amended by omitting paragraph
(1) and substituting the following paragraph:
"(1) Where a person-
(a) leaves the United Kingdom to become permanently resident in Australia and arrives in Australia within thirteen weeks after leaving the United Kingdom; and
(b) was qualified, whether by virtue of this Agreement or otherwise, to
receive a retirement pension or a widow's benefit under the legislation of the
United Kingdom immediately before his departure from the United Kingdom,
that person shall continue to be so qualified for the period of the journey and, if he makes a claim within fourteen days after the day of his arrival in
Australia for a benefit under the legislation of Australia corresponding to that retirement pension or widow's benefit and that benefit is payable to him under
the legislation of Australia, for the period from the day of his arrival in
Australia till the day immediately before the day from which the benefit that he claims becomes payable to him. ".
ARTICLE 14
Article 23 of the Principal Agreement shall be omitted and in its place there
shall be substituted:
Family benefit for the period of the journey and after
"ARTICLE 23
"Where-
(a) a person was qualified under the legislation of one country, whether by
virtue of this Agreement or otherwise, to receive family benefit for a child
immediately before he or the child or both left that country to travel to the
other country; and
(b) the person or the child or both, as the case may be, completes the
journey within thirteen weeks,
any family benefit that would have been payable under the legislation of the
first-mentioned country if the person or the child or both, as the case may be,
had not left the first-mentioned country shall not cease to be payable, and may
be paid, for the period of the journey and, if a claim is made within six months after the day of arrival in the other country for a family benefit for the child under the legislation of the other country and that benefit is payable, for the
period from the day of arrival in the other country till the day immediately
before the day from which the benefit claimed becomes payable. ".
ARTICLE 15
Article 25 of the Principal Agreement shall be amended-
(a) by inserting in paragraph (1), after the words "widows' benefits ", the
words ", other than graduated retirement benefit "; and
(b) by omitting from paragraph (1) the words "whether they are payable by
virtue of this Agreement or otherwise" and substituting the words "being
benefits payable under the legislation of Australia by virtue of this
Agreement ".
ARTICLE 16
After Article 29 of the Principal Agreement there shall be added the following Article:
Meaning of 'gainfully occupied under a contract of service in Australia'
"ARTICLE 29A
"For the purposes of Articles 17 and 18, a person shall be treated as having
been gainfully occupied under a contract of service in Australia during-
(a) any period of service, whether in Australia or elsewhere, in the Defence
Force of Australia; and
(b) any period of absence from Australia during which he was an employee and
was treated as being a resident of Australia within the meaning of any Act
relating to the imposition, assessment and collection of a tax upon incomes in
force in Australia. ".
ARTICLE 17
Article 33 of the Principal Agreement shall be amended by omitting paragraph
(3) and substituting the following paragraph:
"(3) No provision of this Agreement shall diminish any rights which a person
has acquired under the legislation of either country before the date of the
entry into force of this Agreement, whether by virtue of the former Agreement or otherwise, and a person who makes a claim to receive any benefit under the
legislation of either country may choose to have his claim determined without
regard to the provisions of this Agreement. ".
ARTICLE 18
This Agreement shall enter into force on the 1st October, 1962, and shall be
read and construed as one with the Principal Agreement.
In witness whereof the undersigned, duly authorized by their respective
Governments, have signed this Agreement.
Done in duplicate at Canberra, this sixteenth day of August, nineteen hundred
and sixty-two.
For the Government of the United For the Government of the
Kingdom of Great Britain and Commonwealth of Australia:
Northern Ireland:
W. P. OLIVER HUGH S. ROBERTON
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Added by 1975 No. 176 r. 3
SOCIAL SERVICES (RECIPROCITY WITH UNITED KINGDOM) REGULATIONS - SCHEDULE SCH
THIRD SCHEDULE
Regulation 4
AMENDMENTS MADE TO AMENDED PRINCIPAL AGREEMENT BY THE SECOND AMENDING
AGREEMENT
------------------------------------------------------------------------------ --
Provision
amended Amendment
------------------------------------------------------------------------------ -- Article 1 Omit from paragraph (a) ", 'wife's allowance' and 'child's
allowance' ", substitute "and 'wife's pension' ".
Omit from paragraph (q) "of Australia. ", substitute "of
Australia; ".
Add, at the end, the following paragraph:
"(r) 'invalidity benefit' means, in relation to the United
Kingdom, invalidity benefit as defined under the legislation of the United Kingdom. ".
Article 3 Add, at the end, the following paragraph:
"(6) Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which he would
otherwise be entitled to receive, but for this paragraph, shall be
reduced by the amount of benefit which is payable by virtue of the
Australian Social Services Act (No. 2) 1973 and the Australian
Social Services Act 1974. ".
Article 9 Add, at the end, the following paragraph:
"(4) Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which she would otherwise be entitled to receive, but for this paragraph, shall be
reduced by the amount of benefit which is payable by virtue of the
Australian Social Services Act (No. 2) 1973 and the Australian
Social Services Act 1974. ".
Article 16 Omit from paragraph (2) "allowance and he or his wife shall be
qualified to receive a child's allowance ", substitute "pension ". Omit from paragraph (3) ", wife's allowance and child's
allowance ", substitute "and wife's pension ".
Omit from paragraph (3) "sickness ", substitute "invalidity ".
Omit from paragraph (4) "or more ".
Article 17 Insert in paragraph (1), after "sickness ", "or invalidity ".
Insert in paragraph (2), after "sickness ", "or invalidity ".
Omit from paragraph (3) "sickness benefit is payable for an
indefinite period ", substitute "sickness or invalidity benefit is payable ".
Add, at the end, the following paragraph:
"(4) Where a person is entitled to receive a benefit by virtue of the provisions of paragraph (1) or (3) the rate of benefit which he would be entitled to receive, but for this paragraph, shall be
reduced by the total amount of invalid pension and wife's pension
which may be payable by virtue of the Australian Social Services
Act (No. 2) 1973 and the Australian Social Services Act 1974. ".
Article 19 Omit from paragraph (b) "allowance, a child's allowance ",
substitute "pension ".
Article 20 Omit from paragraph (1) "and children's allowances ", substitute
"pensions ".
Article 25 Omit from paragraph (1) "allowances ", substitute "pensions ".
Article 26 Insert, after "sickness ", "or invalidity ".
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