- 1
- Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
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- a)a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for that Australian benefit; and
- b)a period of Australian working life residence equal to or greater than the period identified in paragraph 4 for that person,
- c)and has accumulated a period of insurance;
- then, for the purposes of a claim for that Australian benefit, that period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident
- 2
- For the purpose of paragraph 1, where a person:
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- a)has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit, and
- b)has accumulated a period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a), the total of the periods of insurance shall be deemed to be one continuous period.
- 3
- For all purposes of this Article, where a period by a person as an Australian resident and a period of insurance accumulated by that person coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.
- 4
- The minimum period of Australian working life residence to be taken into account for the purposes of paragraph 1 shall be as follows:
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- a)for the purposes of an Australian benefit claimed by a person residing outside Australia, the minimum period required shall be one year, of which at least six months must be continuous, and
- b)for the purposes of an Australian benefit claimed by an Australian resident there shall be no minimum period of Australian working life residence.
