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Social Security Amendment Act 1987

Authoritative Version
Act No. 77 of 1987 as made
An Act relating to social security
Administered by: Social Services; Employment
Date of Assent 05 Jun 1987
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

Social Security Amendment Act 1987

No. 77 of 1987

TABLE OF PROVISIONS

Section

1.           Short title etc.

2.           Commencement

3.           Application

4.           Transitional and savings

5.           Interpretation

6.           Financial hardship

7.           Indexation

8.           Certain persons deemed to continue to receive full-time education

9.           Insertion of new section:

9.         Decision to be in writing

10.          Repeal of sections 14 and 15 and substitution of new section:

14.       Review of decision and appeal to Secretary

11.          Review by Administrative Appeals Tribunal

12.          Officers to observe secrecy

13.          Incentive allowance

14.          Rate of age or invalid pension

15.          Notification by pensioner

16.          Dual entitlement

17.          Rate of widow’s pension

18.          Repeal of section 81 and substitution of new section:

81.       Restrictions as to dual pensions

19.          Interpretation

20.          Application of certain provisions

21.          Repeal of section 83ae and substitution of new section:

83ae.   Pension payable under Reciprocal Agreement


TABLE OF PROVISIONS—continued

Section

22.          Prescribed persons

23.          Rate of unemployment and sickness benefit

24.          Rent assistance

25.          Limitation of amount payable as sickness benefit

26.          Repeal of section 123

27.          Payment and calculation of instalments of certain pensions etc.

28.          Benefit not payable to full-time students

29.          Persons eligible to be paid rehabilitation allowance

30.          Interpretation

31.          Repeal of section 135sb

32.          Recovery of amounts from person liable to make compensation payments

33.          Notice to insurers

34.          Direct deposit to financial institutions etc.

35.          Notification and review

36.          Power to obtain information etc.

37.          Offences

38.          Indictable offences

39.          Insertion of new section:

138b.        Proceedings against corporations

40.          Repeal of section 139

41.          New Enterprise Incentive Scheme—effect where spouse of recipient is not in receipt of wife’s pension or carer’s pension

42.          Repeal of section 139d and substitution of new section:

139d.                Rates of certain pensions affected where certain education payments made

43.          Extra-territorial operation of certain provisions

44.          Payments of pension etc. and war pension

45.          Waiver etc.

46.          Additional amendments

47.          Schedule

48.          Insertion of Schedule 1

49.          Insertion of Schedule 3

50.          Renumbering and re-lettering of the Social Security Act

SCHEDULE 1

ADDITIONAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1947

PART 1AMENDMENTS TO COME INTO OPERATION UPON ROYAL ASSENT

PART 2AMENDMENTS TO COME INTO OPERATION ON 1 JULY 1987

SCHEDULE 2

SCHEDULE 3


Social Security Amendment Act 1987

No. 77 of 1987

 

An Act relating to social security

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Social Security Amendment Act 1987.

(2) The Social Security Act 19471 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 15, 18, 44 and 45 and paragraphs 14 (a) and 22 (a), (b) and (c) shall be deemed to have come into operation on 22 May 1986.

(2) Paragraphs 8 (a) and (b) shall be deemed to have come into operation on 1 July 1986.


(3) Sections 16 and 24 shall be deemed to have come into operation on 1 November 1986.

(4) Section 19 shall be deemed to have come into operation on 1 December 1986.

(5) Sections 28 and 42, subsection 4 (2) and paragraph 23 (b) shall be deemed to have come into operation on 1 January 1987.

(6) Sections 32, 33 and 43, subsection 4 (4) and paragraphs 23 (a), 30 (a) and 36 (a) shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 May 1987.

(7) Section 7 and paragraphs 22 (d), (e) and (f) shall come into operation, or shall be deemed to have come into operation, as the case requires, on 12 June 1987.

(8) Sections 9, 10, 11, 25 and 26, section 46 in so far as it relates to Part 2 of Schedule 1, subsections 3 (1), 4 (1) and (3) and paragraph 14 (b) shall come into operation on 1 July 1987.

(9) Section 50 shall come into operation on 2 July 1987.

(10) Paragraphs 8 (c) and (d) shall come into operation on 1 July 1988.

(11) Sections 17, 20, 27 and 41 and paragraph 30 (b) shall come into operation immediately after the Social Security (Poverty Traps Reduction) Act 1985 comes into operation.

(12) Sections 13 and 29 shall come into operation immediately after Part II of the Disability Services Act 1986 comes into operation.

(13) Sections 1, 2, 5, 6, 12, 21, 31, 34, 35, 37 to 40, inclusive, 47, 48 and 49, section 46 in so far as it relates to Part 1 of Schedule 1, subsections 3 (2) and (3) and paragraphs 36 (b) and (c) shall come into operation on the day on which this Act receives the Royal Assent.

Application

3. (1) The amendment made by paragraph 14 (b) applies in relation to each instalment or payment of pension that falls due on or after 1 July 1987.

(2) The amendments made by sections 34, 35, 37, 38 and 39 and paragraphs 36 (b) and (c) apply in relation to offences committed after the commencement of those sections and that paragraph, as the case requires.

(3) The repeal effected by section 40 does not apply in relation to an offence committed on or before the commencement of that section.

Transitional and savings

4. (1) On or after 1 July 1987, a reference in subsection 15a (1) or (2) of the Principal Act to a decision made under section 14 of that Act includes a reference to a decision made before 1 July 1987 under section 14 or 15 of that Act as in force before 1 July 1987.


 

(2) Where, after 1 January 1987, a benefit has been paid at an increased rate under subsection 112 (4e) of the Principal Act and some part of the amount of the increase should not have been paid by reason of the amendment made by section 23, the right of the Commonwealth to recover that part is waived.

(3) A direction that was, immediately before 1 July 1987, in force under section 123 of the Principal Act, as that Act was in force immediately before 1 July 1987, continues in force on and after 1 July 1987 as if it were a direction given under subsection 135tc (2) of the Principal Act.

(4) Notwithstanding:

(a) the repeal of Division 3a of Part VII of the Principal Act by the Social Security and Veterans’ Affairs (Miscellaneous Amendments) Act 1986; and

(b) the amendment made by this Act of subsections 135tf (1) and 141 (1) of the Principal Act;

those subsections continue to apply on and after 1 May 1987, in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987, as if there had been no amendment.

Interpretation

5. Section 6 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “officer” and substituting the following definition:

“officer’ means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in the case of section 17, includes:

(a) a person who has been such a person; and

(b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act;”; and

(b) by inserting after subsection (1a) the following subsection:

“(1b) For the purposes of paragraph (b) of the definition of ‘officer’ in subsection (1), a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”.

Financial hardship

6. Section 6ad of the Principal Act is amended:

(a) by omitting “and” from the end of paragraph (1) (c);

(b) by omitting from subsection (1) all the words from and including paragraph (1) (d) and substituting the following:


 

“(d) the person lodges with the Department, in a form approved by the Secretary, a request that that section apply in relation to the person; and (e) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply in relation to the person;

the Secretary shall determine that this section applies in relation to the person.”; and

(c) by inserting after subsection (1) the following subsection:

“(1a) A determination under subsection (1) takes effect:

(a) on the day on which the request under paragraph (1) (d) was lodged with the Department; or

(b) if the Secretary so determines in the special circumstances of the case—on a day not more than 6 months before the day referred to in paragraph (a).”.

Indexation

7. Section 6af of the Principal Act is amended by omitting from the definition of “relevant amount” in subsection (1) “83ca (4) (a), (c) or (d)” and substituting “83ca (4) (a) or (c)”.

Certain persons deemed to continue to receive full-time education

8 Section 6b of the Principal Act is amended:

(a) by inserting “or 133” after “section 120a” (first occurring);

(b) by omitting “section 120a” (last occurring) and substituting “sections 120a and 133”;

(c) by omitting “or 133”; and

(d) by omitting “sections 120a and 133” and substituting “section 120a”.

9. After section 8 of the Principal Act the following section is inserted:

Decision to be in writing

“9. (1) A decision of an officer under this Act shall be in writing.

“(2) A decision under this Act shall be taken to be in writing if it is:

(a) entered into; or

(b) recorded with the use of; a computer.”.

10. Sections 14 and 15 of the Principal Act are repealed and the following section is substituted:

Review of decision and appeal to Secretary

“14. (1) The Secretary may review a decision of an officer under this Act if the Secretary considers there is sufficient reason for reviewing the decision, and the Secretary may affirm, vary or set aside the decision.


 

“(2) A person affected by a decision of an officer under this Act (excluding a decision of the Secretary) may appeal to the Secretary and the Secretary may affirm, vary or set aside the decision.”.

Review by Administrative Appeals Tribunal

11. Section 15a of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

“(1) Subject to section 29 of the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of a decision which:

(a) was made by the Secretary on or after 9 September 1980 under section 14; and

(b) affirms, varies or sets aside a decision of an officer that has been reviewed by a Social Security Appeals Tribunal.

“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision which:

(a) was made by the Secretary on or after 9 September 1980 under section 14;

(b) affirms, varies or sets aside a decision of an officer that has not been reviewed by a Social Security Appeals Tribunal; and

(c) has been certified by the Secretary as involving an important principle of general application regarding entitlement to, or assessment of, a pension, benefit or allowance under this Act or regarding the operation of those provisions of the Health Insurance Act 1973 that relate to disadvantaged persons.”.

Officers to observe secrecy

12. Section 17 of the Principal Act is amended:

(a) by omitting subsections (1), (2) and (3) and substituting the following subsections:

“(1) An officer shall make an oath or declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.

“(2) An officer shall not, either directly or indirectly, except in the performance or exercise of any duty, function or power as an officer, make a record of or divulge or communicate to any person any information concerning a person obtained by reason of the performance or exercise of his or her duties, functions or powers under this Act.

“(3) An officer shall not, except for the purposes of this Act, be required:

(a) to produce in court any document in his or her possession by reason of; or


 

(b) to divulge or communicate to a court any matter or thing of which he or she had notice by reason of;

the performance or exercise of his or her duties, functions or powers under this Act.”;

(b) by omitting paragraph (4) (a) and substituting the following paragraph:

“(a) if the Minister or the Secretary certifies that it is necessary in the public interest that any information of the kind referred to in subsection (2) be divulged—divulge that information to such person as the Minister or the Secretary directs;”; and

(c) by omitting from subsection (5) all the words from and including “he were” and substituting the following words:

“the authority, person or employee were an officer who had acquired the information in the performance or exercise of duties, functions or powers under this Act.”.

Incentive allowance

13. Section 26 of the Principal Act is amended by omitting from the definition of “independent living training” in subsection (2) “, in writing,”.

Rate of age or invalid pension

14. Section 28 of the Principal Act is amended:

(a) by omitting from subsection (1ea) all the words before “is increased by subsection (1b)” and substituting the following:

“Where the maximum rate of age or invalid pension applicable to a married person whose spouse is in receipt of a pension under this Part, a benefit under Part IVaaa, an allowance under Part VIIa, an allowance under Part VIII the annual rate of which is determined by reference to this Part or a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986”; and

(b) by omitting from subsection (1ea) “$1,300” and substituting “$1,820”.

Notification by pensioner

15. Section 30b of the Principal Act is amended by omitting from subsection (2) “service” (last occurring).

Dual entitlement

16. Section 49 of the Principal Act is amended by omitting subsection (4).


 

Rate of widow’s pension

17. Section 63 of the Principal Act is amended by omitting from subsection (4) “28 (1) (a)” and substituting “28 (1a) (a)”.

18. Section 81 of the Principal Act is repealed and the following section is substituted:

Restrictions as to dual pensions

“81. (1) A woman is not entitled to receive at the same time a pension under this Part and:

(a) a pension under Part III;

(b) a pension under the Seamen’s War Pensions and Allowances Act 1940 as a dependant of a deceased Australian mariner;

(c) a pension under Part II of the Veterans’ Entitlements Act 1986 as a dependant of a deceased veteran; or

(d) a pension under Part IV of that Act as a dependant of a deceased member of the Forces or of a deceased member of a Peacekeeping Force.

“(2) A reference in subsection (1) to a dependant of a deceased person is a reference to a person (not being a child of the deceased person) who is a dependant of the deceased person for the purposes of:

(a) in the case of a reference in paragraph (1) (b)—the Seamen’s War Pensions and Allowances Act 1940; or

(b) in the case of a reference in paragraph (1) (c) or (d)—the Veterans’ Entitlements Act 1986.

Interpretation

19. Section 83aaa of the Principal Act is amended by inserting after subsection (2) the following subsection:

“(3) For the purposes of the definition of ‘unmarried person’ in subsection (1), a spouse who is undergoing a period of custody pending trial or sentencing for an offence is deemed to be a spouse who is serving a sentence of imprisonment in connection with the conviction of the spouse for the commission of an offence.”.

Application of certain provisions

20. Section 83aag of the Principal Act is amended:

(a) by omitting from subsection (1) “(1)”; and

(b) by omitting subsection (2).

21. Section 83ae of the Principal Act is repealed and the following section is substituted:

Pension payable under Reciprocal Agreement

“83ae. Except as provided by an agreement set out in a Schedule, a pension payable by virtue of such agreement is not payable in respect of any period during which the pensioner is outside Australia.”.


 

Prescribed persons

22. Section 83ca of the Principal Act is amended:

(a) by inserting in paragraph (1) (a) “or (c)” after “paragraph (b)”;

(b) by omitting “or” from the end of paragraph (1) (a);

(c) by omitting paragraph (1) (b) and substituting the following paragraphs:

“(b) in the case of a person whose annual rate of pension, benefit or allowance is determined under or by reference to paragraph 28 (2) (b), 32 (2) (b) or 63 (2) (b), not being a person to whom section 6ad applies—a person the value of whose property exceeds the prescribed property value applicable to the person; or

(c) in the case of a person whose annual rate of service pension, wife’s service pension or carer’s service pension under Part III of the Veterans’ Entitlements Act 1986 is determined under or by reference to paragraph 47 (5) (b) or 48 (4) (b) of that Act, not being a person to whom section 53 of that Act applies—a person the value of whose property calculated under subsections 35 (12) and (13) and section 50 of that Act, exceeds the prescribed property value applicable to the person under subsection 83 (2) of that Act.”;

(d) by omitting from paragraph (4) (b) “(d)” and substituting “6ae (d)”;

(e) by omitting from paragraph (4) (b) “(c)” and substituting “6ae (c)”; and

(f) by omitting from paragraph (4) (d) “$89,250” and substituting “the amount referred to in paragraph (c) increased by the difference between the amount referred to in paragraph 6ae (d) and the amount referred to in paragraph 6ae (c)”.

Rate of unemployment and sickness benefit

23. Section 112 of the Principal Act is amended:

(a) by inserting in subsection (2) “or who, but for section 135sc, would be eligible to receive a prescribed pension” after “prescribed pension”; and

(b) by omitting subsection (4g) and substituting the following subsection:

“(4g) For the purpose of paragraph (4f) (b), ‘maximum student assistance amount’ means an amount equal to 7 times the maximum amount that a person could receive, in respect of a period of one day, under the Student Assistance Act 1973 as a living allowance within the meaning of that Act if that person:

(a) undertook at an education institution an approved course within the meaning of the regulations made under that Act;

(b) were deemed to be of independent status for the purposes of the regulations made under that Act; and

(c) were under 18 years of age.”.


 

Rent assistance

24. Section 112a of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) Where:

(a) the rate of a benefit payable to a person includes an amount per week under this section; and

(b) the benefit ceases to be payable to the person:

(i) otherwise than by the operation of section 114; and

(ii) for a period of not more than 4 weeks;

any period after the end of the period referred to in subparagraph (b) (ii) and during which a benefit is payable to the person shall be taken to be a prescribed period in relation to the person.”.

Limitation of amount payable as sickness benefit

25. Section 113 of the Principal Act is amended by adding at the end the following subsection:

“(3) Where, immediately before 1 July 1987, a sickness benefit and an allowance under section 112a were payable to a person, the rate of sickness benefit per week payable to the person on and after that date shall, while that sickness benefit continues to be payable to the person, be not less than the sum of the rates per week at which sickness benefit and the allowance under section 112a were payable to the person immediately before that date.”.

Repeal of section 123

26. Section 123 of the Principal Act is repealed.

Payment and calculation of instalments of certain pensions etc.

27. Section 135tba of the Principal Act is amended by omitting from subsection (9) “Subject to subsection (10), the” and substituting “The”.

Benefit not payable to full-time students

28. Section 133 of the Principal Act is amended:

(a) by omitting from subsection (1) “a person who is under the age of 16 years and to whom subsection 112 (4e) would, if the person were a beneficiary, apply” and substituting “an eligible person”; and

(b) by inserting after subsection (1a) the following subsection:

“(1b) In subsection (1), ‘eligible person’ means a person:

(a) who is under the age of 16 years; and

(b) to whom subsection 112 (4e) would apply if:

(i) the person had attained the age of 16 years; and


 

(ii) ‘, and, for a continuous period of not less than 6 weeks has not lived,’ were omitted from subparagraph 112 (4f) (a) (i).”.

Persons eligible to be paid rehabilitation allowance

29. Section 135b of the Principal Act is amended by omitting from subparagraph (1) (a) (ii) “, in writing,”.

Interpretation

30. Section 135sa of the Principal Act is amended:

(a) by omitting the definition of “pension” in subsection (1) and substituting the following definition:

“ ‘pension’ means:

(a) an invalid pension (including any allowance under section 26 or 30a);

(b) a benefit under Part VII; or

(c) a sheltered employment allowance under Part VIIa (including any allowance under section 133ja);

being a pension, benefit or allowance that commenced to be paid on or after 1 May 1987, or a rehabilitation allowance under Part VIII that became payable in lieu of such a pension, benefit or allowance;”; and

(b) by omitting from the definition of “pension” in subsection (1) “or 30a”.

Repeal of section 135sb

31. Section 135sb of the Principal Act is repealed.

Recovery of amounts from person liable to make compensation payments

32. Section 135sd of the Principal Act is amended by inserting in subsection (4) “and except where the Secretary otherwise decides and in accordance with that decision” after “subsection (7)”.

Notice to insurers

33. Section 135se of the Principal Act is amended by inserting in subsection (4) “and except where the Secretary otherwise decides and in accordance with that decision” after “subsection (7)”.

Direct deposit to financial institutions etc.

34. Section 135td of the Principal Act is amended by omitting “$1,000” and substituting “$10,000”.

Notification and review

35. Section 135te of the Principal Act is amended:

(a) by inserting in paragraph (5) (b) “or recklessly” after “knowingly”; and


 

(b) by omitting from subsection (5) all the words from and including “Penalty” and substituting the following:

“Penalty for any contravention of this subsection:

(c) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or

(d) in the case of a body corporate—$5,000.”.

Power to obtain information etc.

36. Section 135tf of the Principal Act is amended:

(a) by omitting from subsection (1) “under subsection 11 5b (3) or (3a), 115c (5) or (6) or 115d (6) or”;

(b) by inserting in paragraph (3) (b) “or recklessly” after “knowingly”; and

(c) by omitting from subsection (3) “Penalty: $1,000 or imprisonment for 6 months.” and substituting the following:

“Penalty:

(c) in the case of a natural person—$2,000 or imprisonment for 12 months, or both; or

(d) in the case of a body corporate—$10,000.”.

Offences

37. Section 138 of the Principal Act is amended:

(a) by inserting in subsection (1) “knowingly or recklessly” before “make” (wherever occurring);

(b) by inserting in subparagraph (1) (a) (i) “a request under section 6ab or 6ad or” after “or in support of,”;

(c) by inserting in paragraph (1) (b) “knowingly” before “obtain”;

(d) by inserting in paragraph (1) (b) “or part of which is not payable” after “not payable”;

(e) by inserting in paragraph (1) (c) “knowingly or recklessly made” after “statement”; and

(f) by inserting in subsection (1a) “or both” after “months”.

Indictable offences

38. (1) Section 138a of the Principal Act is amended:

(a) by inserting in subsection (1) “or both” after “years”; and

(b) by inserting in subsection (3) “or both” after “months”.


 

39. After section 138a of the Principal Act the following section is inserted:

Proceedings against corporations

“138b. (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

“(2) Any conduct engaged in on behalf of a corporation:

(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of this Act to have been engaged in by the corporation.

“(3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.”.

Repeal of section 139

40. Section 139 of the Principal Act is repealed.

New Enterprise Incentive Scheme—effect where spouse of recipient is not in receipt of wife’s pension or carer’s pension

41. Section 139a of the Principal Act is amended by omitting from paragraph (1) (c) “person’s spouse” and substituting “person”.

42. Section 139d of the Principal Act is repealed and the following section is substituted:

Rates of certain pensions affected where certain education payments made

“139d. Where, immediately before 1 January 1987, a person:

(a) was receiving a prescribed pension (other than a benefit under Part VII or a pension under the Veterans’ Entitlements Act 1986); and

(b) was a person to whom or in respect of whom payments were being made under:

(i) the Tertiary Education Assistance Scheme;

(ii) the Adult Secondary Education Assistance Scheme; or

(iii) the Secondary Allowance Scheme;

and, on or after 1 January 1987, the person becomes eligible to receive payments under the AUSTUDY scheme, the rate of that pension, on or after becoming so eligible and while the person continues to be eligible to


 

receive payments under the AUSTUDY scheme, shall be at the rate at which it was payable immediately before 1 January 1987.”.

Extra-territorial operation of certain provisions

43. Section 141 of the Principal Act is amended by omitting from subsection (1) “115a,”.

Payments of pension etc. and war pension

44. Section 145 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

“(3) In this section, ‘war pension’ means a pension payable under Part II or IV of the Veterans’ Entitlements Act 1986 or under the Seamen’s War Pensions and Allowances Act 1940 or an allowance (not being an allowance for an attendant) payable under either of those Acts.”.

Waiver etc.

45. Section 146 of the Principal Act is amended by omitting from subsection (4) “subsection 86 (1) of the Repatriation Act 1920 and substituting “subsection 42 (1) of the Veterans’ Entitlements Act 1986.

Additional amendments

46. The Principal Act is amended as set out in Schedule 1.

Schedule

47. The Schedule to the Principal Act is amended by omitting “SCHEDULE

Reciprocal agreements”

and substituting “SCHEDULE 2”.

Insertion of Schedule 1

48. After section 149 of the Principal Act the Schedule set out in Schedule 2 to this Act is inserted.

Insertion of Schedule 3

49. The Principal Act is amended by adding at the end the Schedule set out in Schedule 3 to this Act.

Renumbering and re-lettering of the Social Security Act

50. (1) In this section:

“amended Act” means the Social Security Act 1947 as amended by the provisions of this Act (other than this section);

“provision” includes a paragraph of a section or of a subsection, a subparagraph of a paragraph and a Schedule.

(2) The amended Act is further amended as provided by this section.

(3) The several Parts of the amended Act are renumbered so that they bear consecutive capital roman numerals commencing with “I”.


 

(4) The several Divisions of each Part of the amended Act are renumbered so that they bear consecutive arabic numerals commencing with 1.

5

(5) The several sections of the amended Act are renumbered in a single series so that they bear consecutive arabic numerals commencing with “1”.

(6) The several subsections of each section of the amended Act are renumbered so that they bear consecutive arabic numerals enclosed in brackets commencing with “(1)”.

10

(7) The several paragraphs of each section, of each subsection, or of each definition, of the amended Act are re-lettered so that they bear lower case letters in alphabetical order enclosed in brackets commencing with “(a)” but omitting “(i)” and “(l)”.

15

(8) The several subparagraphs of each paragraph of each section, of each paragraph of each subsection, or of each paragraph of each definition, of the amended Act are renumbered so that they bear consecutive lower case roman numerals enclosed in brackets commencing with “(i)”.

(9) Each provision of the amended Act that refers to a provision of that Act that has been renumbered or re-lettered under this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as so renumbered or re-lettered.

(10) A reference in a provision of a law of the Commonwealth or of a Territory enacted before the commencement of this section (whether or not that provision has come into operation), or in an instrument or document, to a provision of the Social Security Act 1947 that has been renumbered or re-lettered under this section shall be construed as a reference to that provision as so renumbered or re-lettered.

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SCHEDULE 1                                      Section 46

ADDITIONAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1947

PART 1—AMENDMENTS TO COME INTO OPERATION UPON ROYAL ASSENT

Subsection 6 (1) (paragraph (c) of the definition of “Government rent”):

Omit all the words after “Jervis Bay Territory”.

Subsection 6 (1) (paragraph (a) of the definition of “income”):

Omit “or a payment under section 9 of the Tuberculosis Act 1948”.

Subsection 6 (1) (paragraphs (p), (q), (r), (s) and (t) of the definition of “income”):

Omit the paragraphs, substitute the following paragraphs:

“(p) in the case of a member of:

(i) the Australian Naval Reserve;

(ii) the Naval Emergency Reserve Forces;

(iii) the Australian Army Reserve;

(iv) the Australian Air Force Reserve;

(v) the Air Force Emergency Force; or

(vi) the Regular Army Emergency Reserve,

the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full-time service) and, in the case of a member of a Force referred to in subparagraph (ii), (v) or (vi), any gratuity paid to the person by reason of a calling out for continuous service of that Force or of a part of that Force;

(q) a payment by way of:

(i) service pension, wife’s service pension or carer’s service pension under Part III of the Veterans’ Entitlements Act 1986;

(ii) attendant allowance under section 98 of that Act;

(iii) recreation allowance under section 104 of that Act;

(iv) an allowance for the running and maintenance of a motor vehicle under the Vehicle Assistance Scheme referred to in section 105 of that Act;

(v) decoration allowance under section 102 of that Act;

(vi) Victoria Cross allowance under section 103 of that Act; or

(vii) clothing allowance under section 97 of that Act;”.

Subsection 6 (1) (paragraph (v) of the definition of “income”):

Omit “or” (last occurring).

Subsection 6 (1) (paragraph (x) of the definition of “income”):

(a) Omit “(x)”, substitute “(w)”.

(b) Omit “or”.

Subsection 6 (1) (paragraph (w) of the definition of “income”):

Omit “(w)”, substitute “(x)”.

Subsection 6 (1) (paragraph (d) of the definition of “prescribed pension”):

Add “or” at the end of the paragraph.

Subsection 6 (1) (paragraph (e) of the definition of “prescribed pension”):

Omit “or” from the end of the paragraph.

Subsection 6 (1) (paragraph (f) of the definition of “prescribed pension”):

Omit the paragraph.

SCHEDULE 1—continued

Subsection 6 (1) (definition of “Reserve Forces”):

Omit the definition.

Section 6:

Add at the end the following subsections:

“(10) Where:

(a) a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person; and

(b) either of those persons is under the age of consent applicable in the State or Territory in which those persons are living;

neither of those persons shall be treated as a married person for the purposes of this Act.

“(11) The rate of a pension, benefit or allowance under this Act payable to a person to whom subsection (10) applies shall not exceed the rate at which it would be payable to the person if the person were married to the other person.”.

Paragraph 6ab (2) (b):

Omit “, 34 (2) (b)”.

Section 6ae:

Omit “, a benefit under Part IVaaa, an allowance under Part VIIa or a rehabilitation allowance under Part VIII”, substitute “or a benefit under Part IVaaa”.

Subsection 6a (1):

(a) Omit “VII,”, substitute “VII or”.

(b) Omit “or an allowance under section 9 of the Tuberculosis Act 1948”.

Paragraph 6a (3) (b):

(a) Omit “, a service pension”, substitute “or a service pension”.

(b) Omit “or an allowance under section 9 of the Tuberculosis Act 1948”.

Paragraph 17d (1) (a):

(a) Omit “Part,”, substitute “Part or a”.

(b) Omit “or an allowance under the Tuberculosis Act 1948 the rate of which is determined having regard to residence in the remote area”.

Subsection 25 (3):

(a) Omit “child”, substitute “person”.

(b) Omit “his mother”, substitute “the person’s mother or father”.

(c) Insert “or her” before “arrival”.

Subsection 28a (1) (definition of “relevant rate”):

Omit “83ca (2) (c) or 83cA (2) (d)”, substitute “83ca (2) (a) or 83ca (2) (b)”.

Paragraph 28a (4) (c):

Omit “83ca (2) (c) or (d)”, substitute “83ca (2) (a) or (b)”.

Paragraphs 29 (1) (a) and (b):

Omit “or under the Tuberculosis Act 1948”.

Subparagraph 30a (3c) (b) (ii):

Add “or” at the end of the subparagraph.

SCHEDULE 1—continued

Subparagraph 30a (3c) (b) (iii):

Omit the subparagraph.

Paragraph 33 (1) (a):

Omit “, or a service pension under the Repatriation Act 1920”.

Paragraph 64 (1) (a):

Omit “or under the Tuberculosis Act 1948.

Subsection 64 (2):

Insert “,” after “In this section”.

Subsection 83aaa (1) (paragraph (a) of the definition of “supporting parent”):

Omit “or an allowance under the Tuberculosis Act 1948”.

Subsection 83ac (2):

Omit the subsection, substitute the following subsection:

“(2) Where a person who was absent from Australia on 1 July 1986:

(a) commences after that day to receive a pension by virtue of section 21a, subsection 31 (1a), subparagraph 33 (1) (c) (ii) or section 61a; or

(b) being a person to whom a wife’s pension was payable at a rate calculated in accordance with subsection (3), commences to receive a pension by virtue of section 61b;

the annual rate of pension payable to the person while the person is absent from Australia is the rate calculated in accordance with subsection (3).”.

Subsection 83af (1):

Omit “and paid”.

Subsection 83ag (1):

(a) Insert “, as amended by further agreements (if any),” before “between”.

(b) Omit “the” (last occurring), substitute “a”.

Subsection 83a (1) (subparagraph (c) (i) of the definition of “deceased pensioner”):

Omit “or an allowance under the Tuberculosis Act 1948”.

Subsection 83a (1) (paragraph (b) of the definition of “pensioner”):

Omit “or an allowance is payable under the Tuberculosis Act 1948”.

Subsection 83ca (2):

Omit the subsection, substitute the following subsection:

“(2) Subject to subsection (3), the prescribed rate of income applicable to a person

is:

(a) in the case of an unmarried person—$3,536 per annum; or

(b) in the case of a married person—$2,912 per annum.”.

Subsection 83ca (6):

Omit the subsection, substitute the following subsection:

“(5) In this section, ‘income’ includes, in the case of a person to whom section 6ad of this Act or section 53 of the Veterans’ Entitlements Act 1986 applies, any amount


 

SCHEDULE 1—continued

per annum that is taken into account under subsection (3) of that section in relation to the person.”.

Subsection 97 (3):

Omit “(3)”, substitute “(2)”.

Subsection 103 (6):

Omit “to a person”.

Subsection 107 (6):

Omit the subsection, substitute the following subsection:

“(6) Where the Secretary is satisfied that:

(a) a person who:

(i) has attained the age of 55 years and, in the case of a man, has not attained the age of 64 years and 6 months or, in the case of a woman, has not attained the age of 59 years and 6 months;

(ii) is in receipt of an unemployment benefit and has, for the preceding 12 months, been in continuous receipt of a benefit;

(iii) is not indebted to the Commonwealth under or as a result of this Act; and

(iv) in the opinion of the Secretary:

(a) is not likely to be employed; and

(b) will comply with the requirements of this Act;

(b) a person who is in receipt of an unemployment benefit that was granted before 1 November 1977; or

(c) a person who is in receipt of an unemployment benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;

may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive an unemployment benefit in respect of that period.”.

Subsection 108 (1c):

Omit the subsection, substitute the following subsection:

“(1c) Where the Secretary is satisfied that:

(a) a person who is in receipt of a sickness benefit that was granted before 2 August 1982;

(b) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of an unemployment benefit that was granted before 1 November 1977; or

(c) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;

may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive a sickness benefit in respect of that period.”.

Section 108:

Add at the end the following subsection:

“(3) For the purposes of this section, the income of a person includes:

(a) a payment received by the person under the New Enterprise Incentive Scheme; and

SCHEDULE 1—continued

(b) any amount payable to the person or to the person’s spouse under Part V.”.

Subsection 112a (1) (subparagraph (b) (ii) of the definition of “prescribed period”):

Add “or” at the end of the subparagraph.

Subsection 112a (1) (subparagraph (b) (iii) of the definition of “prescribed period”):

Omit the subparagraph.

Paragraph 112a (3c) (b):

(a) Add “or” at the end of subparagraph (ii).

(b) Omit subparagraph (iii).

Subsection 120 (1):

Omit “employment” (last occurring), substitute “unemployment”.

Section 121:

Repeal the section.

Section 134 (definition of “claimant”):

Omit the definition.

Subsection 135 (1):

(a) Omit “, claimants for allowances and claimants for pensions”, substitute “ and persons who are eligible or qualified to receive pensions or allowances”.

(b) Omit “and claimants for benefits”, substitute “and persons who are qualified to receive benefits”.

Subparagraph 135 (1) (a) (iii):

Omit the subparagraph.

Paragraph 135b (1) (b):

Omit “a claimant for”, substitute “a person who is eligible or qualified to receive”.

Subparagraph 135ba (1) (a) (ii):

(a) Omit “a claimant for”, substitute “eligible or qualified to receive”.

(b) Omit “for which he was such a claimant”.

Subsection 135ba (2):

Omit “or, in the case of a claimant, for which the person was a claimant”.

Sections 135m and 135n:

Repeal the sections.

Paragraph 135te (4) (b):

Omit the paragraph, substitute the following paragraph:

“(b) in the case of a notice given under subsection (2):

(i) where the notice relates to the payment of a benefit under Part VII— such period as is specified in the notice; or

(ii) in any other case—not less than 14 days.”.


 

SCHEDULE 1—continued

Subsections 135tj (1a) and (1b):

Omit the subsections.

Subsection 135tja (3):

(a) Insert “a widow’s pension, a supporting parent’s benefit or” after “in receipt or’.

(b) Omit “that benefit” (wherever occurring), substitute “that pension or benefit”.

After section 135tja:

Insert the following section:

Secretary may impose certain requirements

“13stjb. (1) In this section, ‘pension’ means an invalid pension, a benefit under Part VII or a sheltered employment allowance under Part VIIa.

“(2) If, in the opinion of the Secretary, a person who is in receipt of a pension or a person who is eligible or qualified to receive a pension should:

(a) undergo a medical or psychological examination;

(b) receive medical or other treatment;

(c) undertake a course of training to improve the person’s physical or intellectual capacity;

(d) undertake a course of vocational training; or

(e) do any work suitable to be done by the person;

the Secretary may refuse to grant or pay the pension to the person, or suspend or cancel the pension, as the case may be, unless the person complies with the reasonable requirements of the Secretary with respect to any such matter.”.

Subsection 135u (1) (definition of “pension”):

(a) Add “or” at the end of paragraph (c).

(b) Omit “or” from the end of paragraph (d).

(c) Omit paragraph (e).

Subsection 135u (1) (definition of “prescribed pensioner”):

Omit “or an allowance under section 9 of the Tuberculosis Act 1948”.

Section 137:

Repeal the section.

Paragraph 146 (1) (b):

Omit “or defer”.

PART 2—AMENDMENTS TO COME INTO OPERATION ON 1 JULY 1987

Subsection 6 (1):

After the definition of “claim”, insert the following definitions:

“computer’ means a device that is used by the Department for storing or processing information;

‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975;”.

Subsection 6 (1) (paragraph (b) of the definition of “married person”):

Omit “determines in writing”, substitute “decides”.


 

SCHEDULE 1—continued

Subsection 6 (1) (definition of “mental hospital”):

Omit “, in writing,”.

Subsection 6 (8):

Omit “, by writing, determine”, substitute “decide”.

Subsection 6 (9):

Omit “, by determination in writing,”.

Subparagraph 6aa (1) (a) (iiia):

Omit “determines in writing”, substitute “decides”.

Subsections 6ab (10), (13) and (14):

Omit “determines in writing”, substitute “decides”.

Paragraph 6ac (8) (e):

Omit “determines in writing”, substitute “decides”.

Subsection 6ac (11):

Omit “determines in writing”, substitute “decides”.

Paragraph 6ad (1) (b):

Omit “determines in writing”, substitute “decides”.

Subsection 6ad (1):

Omit “determine”, substitute “decide”.

Subsection 6ad (1b):

Omit “determine in writing”, substitute “decide”.

Subsection 6ad (3):

Omit “determines in writing”, substitute “decides”.

Paragraph 6ad (5) (b):

Omit “determines in writing”, substitute “decides”.

Paragraph 16 (a):

Omit the paragraph, substitute the following paragraph:

“(a) the Secretary has, under section 14, set aside a decision; or”.

Section 16:

Omit all the words after “but for the”, substitute “decision having been made.”.

Subsection 17d (3):

Omit “determines in writing”, substitute “decides”.

Paragraph 33 (2) (b):

Omit “approves in writing”, substitute “decides”.

Paragraph 83aaa (6) (d):

Omit the paragraph.


 

SCHEDULE 1—continued

Subsection 83ad (2):

Omit “, by instrument in writing, determine”, substitute “decide”.

Subsection 84 (1) (definition of “allowance pay day”):

Omit “determination”, substitute “decision”.

Subsection 86 (4):

Omit “determine in writing”, substitute “decide”.

Subsection 86 (5):

Omit “determination”, substitute “decision”.

Subsection 88 (3):

Omit “determine in writing”, substitute “decide”.

Paragraph 93 (2) (b):

Omit “direct in writing”, substitute “decide”.

Subsections 93 (3) and (4):

Omit “direction” (wherever occurring), substitute “decision”.

Subsections 94 (1b) and (1c):

Omit “direct in writing”, substitute “decide”.

Section 95a:

(a) Omit “determine in writing”, substitute “decide”.

(b) Omit “determination” (wherever occurring), substitute “decision”.

Subsection 99a (2):

Omit “, by writing signed by him,”.

Subsection 99a (3):

Omit “by writing signed by him”.

Paragraph 102 (2) (b):

Omit “determines in writing”, substitute “decides”.

Subsection 105ka (2):

Omit “direct in writing”, substitute “decide”.

Subsections 105ka (3) and (4):

(a) Omit “direction” (wherever occurring), substitute “decision”.

(b) Omit “given” (wherever occurring), substitute “made”.

Subsections 106 (1aa), (2) and (2a):

Omit the subsections.

Subsection 107 (1a):

(a) Omit “determine in writing”, substitute “decide”.

(b) Omit “determination”, substitute “decision”.

Subsection 112 (3):

Omit “, by instrument in writing, determine”, substitute “decide”.


 

SCHEDULE 1—continued

Paragraph 112 (4f) (b):

Omit “of any allowance”.

Subsection 114 (1b):

Omit the subsection.

Section 114:

Add at the end the following subsections:

“(6) For the purposes of this section, the definition of ‘income’ in subsection 6 (1) shall be construed as if paragraphs (u) and (v) were omitted and the following paragraph were substituted:

‘(u) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made to reimburse a person in respect of medical, dental or similar expenses paid by the person;’.

“(7) Where a person is entitled to receive income by way of periodical payments made at intervals longer than one week, the person shall be deemed to receive in each week an amount proportionate to the number of weeks in each period in respect of which the person is entitled to receive payment.

“(8) Where a person who is qualified to receive a benefit is entitled to be paid a lump sum by the person’s former employer in consequence of the termination of the person’s employment, the person shall be deemed to have received the lump sum on the day on which the person’s employment was terminated.”.

Section 132:

Add at the end the following subsection:

“(4) Where the weekly rate of a benefit payable to a person would, but for this subsection, include 0.5 cent, that rate shall be increased by 0.5 cent.”.

Paragraph 135ta (1) (f):

Omit “(not including an allowance under section 112a)”.

Paragraph 135tja (1) (a):

Omit “in accordance with section 45, 74 or 83aah or”.

Subsection 135tja (1):

Omit “in accordance with section 45, 74, 83aah or”.

Paragraph 135tja (2) (a):

Omit “in accordance with section 30b, 45, 65b, 74 or 83aah or”.

Section 135tk:

Repeal the section.

Subsection 135u (1) (definition of “pension”):

Omit “, 30a, 112a”.

Subsection 140 (2):

Omit “determined in writing”, substitute “decided”.

Subsection 146 (1):

Omit “by determination in writing”, substitute “decide to”.

––––––––


 

SCHEDULE 2                                 Section 48

SCHEDULE 1                              Section 83ag

PART A

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;


 

SCHEDULE 2—continued

(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.

SCHEDULE 2—continued

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 marriage 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.

SCHEDULE 2—continued

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 at 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 has left Australia or when she ceased to be qualified to receive a widowed mother’s allowance.


 

SCHEDULE 2—continued

(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

SCHEDULE 2—continued

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.


 

SCHEDULE 2—continued

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


 

SCHEDULE 2—continued

(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


 

SCHEDULE 2—continued

(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 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 virture of the last preceding paragraph, treated as if he had become qualified to receive a benefit at a time after his departure from Australia

SCHEDULE 2—continued

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.


 

SCHEDULE 2—continued

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 of 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

SCHEDULE 2—continued

(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

SCHEDULE 2—continued

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


 

SCHEDULE 2—continued

(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                                   For the Government of the

the United Kingdom of Great Britain             Commonwealth of Australia:

and Northern Ireland:

HAROLD MACMILLAN                               ROBERT MENZIES

–––––––

PART B

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


 


SCHEDULE 2—continued

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


SCHEDULE 2—continued

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 recieve 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


SCHEDULE 2—continued

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:—

“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 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


 

SCHEDULE 2—continued

(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:—

“ARTICLE 23

Family benefit for the period of the journey and after

“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:—


 

SCHEDULE 2—continued

“ARTICLE 29a

Meaning of ‘gainfully occupied under a contract of service in Australia’

“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. ROBERTSON

–––––––

PART C

NOTES DATED 6 MARCH 1975 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958

British High Commission,

Canberra

6 March 1975

Sir,

I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, (which for the purposes of this Note are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social Services Act (No. 2) 1973 and the


 

SCHEDULE 2—continued

Australian Social Services Act 1974, which allow Australian pensions to be paid abroad, the National Insurance Act 1971, which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for invalidity benefit in Northern Ireland and the National Insurance (Isle of Man) Order 1972, which made similar provision for invalidity benefit in the Isle of Man.

Pending the outcome of these discussions the Government of the United Kingdom takes the view that some immediate steps are necessary to prevent the possibility of duplicate payments of United Kingdom and Australian pensions by virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without prejudice to any other amendments which may be agreed subsequently between the United Kingdom and Australian Governments:

(a) Article 17 of the Agreement shall be amended in the heading and in paragraphs (1) and (2) by inserting the words “or invalidity” after the word “sickness”, and in paragraph (3) by substituting the words “sickness or invalidity benefit is payable” for the words “sickness benefit is payable for an indefinite period”.

(b) Where a person is entitled to receive a benefit by virtue of the provisions of Article 3 or 9, or of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph:

(i) the rate of benefit which he would otherwise be entitled to receive, but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 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; and

(ii) the rate of benefit which he would be entitled to receive, but for this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of 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.

(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:

(i) omit the words “, “wife’s allowance” “ and substitute the words “and “wife’s pension” “;

(ii) omit the words “and “Child’s alowance”“.

(d) Article 1 of the Agreement shall be amended as follows:

(i) omit the full-stop after paragraph (q) and substitute a semi-colon;

(ii) after paragraph (q) insert the following paragraph:

“(r) “invalidity benefit” means, in relation to the United Kingdom, invalidity benefit as defined under the legislation of the United Kingdom.”.

(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting the words from “wife’s allowance” to the end of the paragraph and substituting the words “wife’s pension.”.

(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:

(i) omit the words “, wife’s allowance and child’s allowance” and substitute the words “and wife’s pension”;

(ii) omit the word “sickness” and substitute the word “invalidity”.

(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting the words “or more”.

(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by omitting the words “allowance, a child’s allowance” and substituting the word “pension”.

SCHEDULE 2—continued

(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting the words “and children’s allowances” and substituting the word “pensions”.

(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting the word “allowances” and substituting the word “pensions”.

(k) Article 26 of the Agreement shall be amended by inserting the words “or invalidity” after the word “sickness”.

I have the honour to suggest that, if these proposals are acceptable to the Government of Australia, this Note and your reply to that effect shall constitute an Agreement between our two Governments to enter into force on the date of your reply.

Either Government may terminate this Agreement within six months of the date of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice.

I avail myself of this opportunity, Sir, to renew to you the assurance of my highest consideration.

MORRICE JAMES

The Honourable W. G. Hayden MP

Minister for Social Security

Department of Social Security

CANBERRA

––––––

Minister for Social Security

6 March 1975

Sir,

I have the honour to acknowledge the receipt of your Note of today’s date which reads as follows:

“I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, (which for the purposes of this Note are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974, which allow Australian pensions to be paid abroad, the National Insurance Act 1971, which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for invalidity benefit in Northern Ireland and the National Insurance (Isle of Man) Order 1972, which made similar provision for invalidity benefit in the Isle of Man.

Pending the outcome of these discussions the Government of the United Kingdom takes the view that some immediate steps are necessary to prevent the possibility of duplicate payments of United Kingdom and Australian pensions by virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without prejudice to any other amendments which may be agreed subsequently between the United Kingdom and Australian Governments:

(a) Article 17 of the Agreement shall be amended in the heading and the paragraphs (1) and (2) by inserting the words “or invalidity” after, the word “sickness”, and in paragraph (3) by substituting the words “sickness or invalidity benefit is payable” for the words “sickness benefit is payable for an indefinite period”.


 

SCHEDULE 2—continued

(b) Where a person is entitled to receive a benefit by virtue of the provisions of Article 3 or 9, or of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph:

(i) the rate of benefit which he would otherwise be entitled to receive, but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 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; and

(ii) the rate of benefit which he would be entitled to receive, but for this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of 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.

(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:

(i) omit the words “, “wife’s allowance” ” and substitute the words “and “wife’s pension” ”;

(ii) omit the words “and “child’s allowance” ”.

(d) Article 1 of the Agreement shall be amended as follows:

(i) omit the full-stop after paragraph (q) and substitute a semi-colon;

(ii) after paragraph (q) insert the following paragraph:

“(r) “Invalidity benefit” means, in relation to the United Kingdom, invalidity benefit as defined under the legislation of the United Kingdom.”.

(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting the words from “wife’s allowance” to the end of the paragraph and substituting the words “wife’s pension.”.

(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:

(i) omit the words “, wifes’ allowance and child’s allowance” and substitute the words “and wife’s pension”;

(ii) omit the word “sickness” and substitute the word “invalidity”.

(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting the words “or more”.

(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by omitting the words “allowance, a child’s allowance” and substituting the word “pension”.

(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting the words “and children’s allowances” and substituting the word “pensions”.

(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting the word “allowances” and substituting the word “pensions”.

(k) Article 26 of the Agreement shall be amended by inserting the words “or invalidity” after the word “sickness”.

I have the honour to suggest that, if these proposals are acceptable to the Government of Australia, this Note and your reply to that effect shall constitute an Agreement between our two Governments to enter into force on the date of your reply.

Either Government may terminate this Agreement within six months of the date of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice.”

I have the honour to inform you that these proposals are acceptable to the Government of Australia, and that they agree that your Note and this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

SCHEDULE 2—continued

Please accept, Sir, the assurance of my highest consideration.

W. G. HAYDEN

His Excellency the Right Hon. Sir Morrice James, G.C.M.G., C.V.O., M.B.E.,

High Commissioner,

British High Commission,

Canberra, A.C.T.

–––––––

PART D

NOTES DATED 29 DECEMBER 1986 AND 31 DECEMBER 1986 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958

Foreign and Commonwealth Office

London SW1A 2AH

29 December 1986

His Excellency

Mr A. R. Parsons

Australian High Commission

Strand

London

Your Excellency

I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, and by an Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this Note, are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia, concerning the need further to amend the Agreement so as to preclude working holidaymakers form receiving unemployment benefit under the Agreement and to make other minor modifications.

I now have the honour to propose the following amendments to the Agreement:

(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to paragraph (4).

(b) Article 17 shall be amended by inserting after paragraph (3) the following new paragraph:

“(4) For the purposes of any claim to invalidity pension under the legislation of the United Kingdom, any period in respect of which a person was qualified to receive a sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit or invalidity pension completed under the legislation of the United Kingdom.”.

(c) Article 18 shall be amended—

(i) by inserting after paragraph (2) the following new paragraph:

“(3) The provisions of this Article shall not apply to a person—

(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working holiday; or

(b) who is in the United Kingdom by virtue only of his having obtained leave to enter that country given in accordance with any provision of the immigration rules (as defined in section 33 (1) of

SCHEDULE 2—continued

the Immigration Act 1971 of the United Kingdom) which required him to satisfy an immigration officer at the date upon which that obligation last arose that—

(i) he was seeking permission to enter the United Kingdom for an extended holiday, and

(ii) he intended to take only employment within the United Kingdom which was incidental to that holiday.”;

(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting the word and figure “paragraph (2)” and substituting the words and figures “paragraphs (2) and (3)”.

(d) Article 22 shall be amended by deleting from paragraph (1) the words:

“unless the dependant is a child for whom child endowment is payable under the legislation of Australia”.

If the foregoing proposals are acceptable to the Government of Australia I have the honour to propose that this Note and Your Excellency’s reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

A. E. FURNESS

(for the Secretary of

State for Foreign and

Commonwealth Affairs)

–––––––

AUSTRALIAN HIGH COMMISSION

AUSTRALIA HOUSE

STRAND

LONDON WC2B 4LA

01-438 8000

31 December 1986

Dear Sir Geoffrey,

I have the honour to acknowledge receipt of your Note of 29 December 1986 which reads as follows:

‘I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, and by an Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this Note, are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia, concerning the need further to amend the Agreement so as to preclude working holidaymakers from receiving unemployment benefit under the Agreement and to make other minor modifications. ‘I now have the honour to propose the following amendments to the Agreement:

(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to paragraph (4)

(b) Article 17 shall be amended by inserting after paragraph (3) the following new paragraph:

“(4) For the purposes of any claim to invalidity pension under the legislation of the United Kingdom, any period in respect of which a person was qualified

SCHEDULE 2—continued

to receive a sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit of invalidity pension completed under the legislation of the United Kingdom”.

(c) Article 18 shall be amended—

(i) by inserting after paragraph (2) the following new paragraph:

“(3) The provisions of this Article shall not apply to a person—

(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working holiday; or

(b) who is in the United Kingdom by virtue only of his having obtained leave to enter that country given in accordance with any provision of the immigration rules (as defined in section 33 (1) of the Immigration Act 1971 of the United Kingdom) which required him to satisfy an immigration officer at the date upon which that obligation last arose that—

(i) he was seeking permission to enter the United Kingdom for an extended holiday, and

(ii) he intended to take only employment within the United Kingdom which was incidental to that holiday.”;

(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting the word and figure “paragraph (2)” and substituting the words and figures “paragraphs (2) and (3)”.

(d) Article 22 shall be amended by deleting from paragraph (1) the words:

“ unless the dependant is a child for whom child endowment is payable under the legislation of Australia”.

‘If the foregoing proposals are acceptable to the Government of Australia I have the honour to propose that this Note and Your Excellency’s reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.

‘I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.’

I have the honour to confirm that the foregoing proposals are acceptable to the Government of Australia, who therefore agree that your Note together with this reply, shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.

Yours sincerely

A. R. PARSONS

The Rt Hon. Sir Geoffrey Howe, QC, MP,

Secretary of State for Foreign and Commonwealth Affairs,

Foreign and Commonwealth Office,

Downing Street,

LONDON SW1A 2AL

––––––––


 

SCHEDULE 3                                         Section 49

SCHEDULE 3                                       Section 83ag

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND PROVIDING FOR RECIPROCITY IN MATTERS RELATING TO SOCIAL SECURITY

The Government of Australia, and The Government of New Zealand,

WISHING to strengthen the existing friendly relations between the two countries, and DESIRING to co-ordinate the operation of their respective social security systems and to enhance the equitable access by people who move between Australia and New Zealand to social security benefits provided for under the laws of both countries,

HAVE agreed as follows:

PART I—INTERPRETATION AND SCOPE

ARTICLE 1

Interpretation

1. In this Agreement, unless the context otherwise requires:

(a) “Australian benefit” means a benefit referred to in Article 2 in relation to Australia;

(b) “benefit” means Australian benefit or New Zealand benefit;

(c) “competent authority” means, in the case of Australia, the Secretary to the Department of Social Security or an authorised representative of the Secretary and, in the case of New Zealand, the Social Security Commission of New Zealand or, if either no longer exists, such other officer or body as the responsible Minister for the Contracting Party concerned notifies to the responsible Minister for the other Contracting Party;

(d) “New Zealand benefit” means a benefit referred to in Article 2 in relation to New Zealand; and

(e) “social security laws” means:

(i) in relation to Australia, the Social Security Act 1947, and any Act passed in substitution for that Act, as amended, but not including amendments effected by laws made by Australia for the purposes of giving effect to an agreement on social security; and

(ii) in relation to New Zealand, the Social Security Act 1964, and any Act passed in substitution for that Act, as amended.

2. This Agreement applies:

(a) in relation to Australia, to its external territories in the same manner as the social security laws of Australia apply to those territories; and

(b) in relation to New Zealand, to New Zealand only and not to the Cook Islands, Niue or Tokelau,

and references to “Australia”, “New Zealand” or “territory” in relation to either of them shall be read accordingly.

3. In the application of this Agreement by a Contracting Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which


 

SCHEDULE 3—continued

it has under the legislation within the scope of this Agreement, in relation to that Contracting Party, by virtue of Article 2.

ARTICLE 2

Legislative Scope

1. The legislation within the scope of this Agreement is:

(a) in relation to Australia: the Social Security Act 1947 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits:

(i) age pensions;

(ii) invalid pensions;

(iii) wives’ pensions;

(iv) carers’ pensions;

(v) widows’ pensions;

(vi) supporting parents’ benefits;

(vii) unemployment benefits;

(viii) sickness benefits;

(ix) double orphans’ pensions; and

(x) family allowances; and

(b) in relation to New Zealand: the Social Security Act 1964 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits:

(i) national superannuation;

(ii) invalids’ benefits;

(iii) widows’ benefits;

(iv) domestic purposes benefits;

(v) unemployment benefits;

(vi) sickness benefits;

(vii) orphans’ benefits; and

(viii) family benefits.

2. Notwithstanding the provisions of paragraph 1, the legislation within the scope of this Agreement shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any bilateral agreement on social security entered into by either Contracting Party.

3. The competent authorities of the Contracting Parties shall notify each other of legislation that amends, supplements or replaces the legislation within the scope of this Agreement in relation to their respective Contracting Parties, promptly after the first-mentioned legislation is enacted.

ARTICLE 3

Personal Scope

This Agreement shall apply to persons who move between Australia and New Zealand and who are residing in either or both of Australia and New Zealand.


 

SCHEDULE 3—continued

ARTICLE 4

Equality of Treatment

1. The persons to whom this Agreement applies shall be treated equally by each of the Contracting Parties in regard to rights and obligations which arise by virtue of this Agreement in relation to each Contracting Party.

2. Subject to this Agreement, the citizens of each of the Contracting Parties shall be treated equally in the application of the social security laws of Australia and of New Zealand and, in any case in which entitlement to a benefit payable under those laws by a Contracting Party depends, in whole or in part, on citizenship of that Contracting Party, a person who is a citizen of the other Contracting Party shall, for the purposes of a claim for that benefit, deemed to be a citizen of the first-mentioned Contracting Party.

PART II—RESIDENCE

ARTICLE 5

Entitlement to Benefits During Residence or Presence in a Country

A person shall not be entitled, by virtue of this Agreement, to the benefits payable by a Contracting Party unless that person:

(a) is residing permanently in the territory of that Contracting Party; or

(b) has been in that territory for a period of 6 months (without regard to any earlier periods spent in that territory),

and otherwise meets the requirements of the social security laws of that Contracting Party in relation to those benefits.

ARTICLE 6

Recognition by One Country of Residence in the Other Country

1. Where a person is residing in the territory of one of the Contracting Parties and is a claimant for a benefit payable by that Contracting Party, each period of residence accumulated by that claimant or, as appropriate, by a related person in the territory of the other Contracting Party shall be deemed, for the purposes of the claim for that benefit, to be a period of residence by that claimant or related person in the territory of the first-mentioned Contracting Party.

2. In paragraph 1:

(a) “related person” means:

(i) the spouse of the claimant;

(ii) the last deceased spouse of the claimant;

(iii) a child in respect of whom the benefit referred to in paragraph 1 is claimed; or

(iv) the last surviving parent, or the deceased parent formerly responsible for the care and control, of the claimant,

as the circumstances require; and

(b) “benefit” does not include unemployment benefit.

3. For the purposes of the social security laws of Australia relating to family allowance, a period of residence accumulated in New Zealand by a person, and by a child in respect of whom that benefit is claimed by that person, shall be deemed to be a period in which the person and the child had been in Australia.


 

SCHEDULE 3—continued

ARTICLE 7

Country of Residence

1. Subject to paragraph 2, the question whether a person is or, at any past time, was residing in the territory of one of the Contracting Parties for the purposes of this Agreement shall be determined by reference to the domestic laws of that Contracting Party.

2. Where, for a period, a person is a resident of both Australia and New Zealand, that period shall be counted:

(a) in relation to a claim for an Australian benefit, only as a period of residence in Australia; and

(b) in relation to a claim for a New Zealand benefit, only as a period of residence in New Zealand.

PART III—PROVISIONS RELATING TO BENEFITS

ARTICLE 8

Commencement of Benefits

Where a person:

(a) moves permanently from the territory of one Contracting Party to the territory of the other Contracting Party and arrives in the last-mentioned territory not more than 12 weeks after his or her departure from the first-mentioned territory; and

(b) immediately prior to his or her departure, was paid a benefit by the first-mentioned Contracting Party,

any benefit that is payable, whether by virtue of this Agreement or otherwise, to that person by that other Contracting Party shall be paid with effect from a date conforming with the pattern of payments for the benefit payable to the person, being a date not later than the date succeeding that on which the first-mentioned benefit ceased to be paid.

ARTICLE 9

Payment of Supplementary and Additional Amounts

Where a benefit is payable by a Contracting Party by virtue of this Agreement to or in respect of a person, there shall also be payable any supplement or additional amount that is payable, in addition to that benefit, to or in respect of a person who qualifies for that supplement or additional amount under the social security laws of that Contracting Party.

ARTICLE 10

Entitlement to Payment by New Zealand of National Superannuation

1. A person shall be entitled by virtue of this Agreement to the payment by New Zealand of national superannuation only if:

(a) that person is of an age at which an age pension may be payable to the person; and

(b) the income and assets of the person are such as would entitle the person to the payment of an age pension,

under the social security laws of Australia.

2. The rate of national superannuation payable by New Zealand by virtue of this Agreement to a person shall be subject to deduction of the amount of any Australian benefit payable to that person, in the same manner as the rate of national superannuation may be reduced under the social security laws of New Zealand by the amount of any


 

SCHEDULE 3—continued

overseas benefit, pension or periodical allowance, or part thereof, that is payable to a person entitled to receive a benefit under those laws.

ARTICLE 11

New Zealand Widows’, Domestic Purposes and Orphans’ Benefits

Where a widow’s benefit, a domestic purposes benefit or an orphan’s benefit would be payable by New Zealand but for the fact that a child to whom that benefit would relate was born in Australia, that child shall, for the purposes of a claim for that benefit, be deemed to have been born in New Zealand.

ARTICLE 12

Restriction on Dual Entitlement to Certain Benefits

Where a benefit specified in one of the columns set out in the following table has been paid by the Contracting Party named at the head of that column to or in respect of a person who is residing in the territory of that Contracting Party, that benefit shall cease to be payable if the other Contracting Party pays, to or in respect of that person while he or she is in the territory of the other Contracting Party, a benefit specified in the other column of that table.

Table

Australian Benefit                                               New Zealand Benefit

Family Allowance                                               Family Benefit

Double Orphan’s Pension                                   Orphan’s Benefit

ARTICLE 13

Unemployment Benefit

1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party.

2. Subject to paragraph 4, a person to whom this Article applies shall be entitled to the payment of unemployment benefit by a Contracting Party only if the person:

(a) has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory;

(b) is residing in that territory on the date on which the person lodges a claim for that benefit and resides or has resided there throughout the period in respect of which the claim is lodged;

(c) satisfies the competent authority of that Contracting Party, by reference to the person’s circumstances, or his or her work history in that territory, that the person has permanently settled in that territory; and

(d) meets those criteria which are specified for that benefit by the social security laws of that Contracting Party in regard to age, unemployment, capability and willingness to undertake suitable work, efforts to obtain such work and non-receipt of other benefits.

3. For the purposes of sub-paragraph 2 (c):

(a) a person shall be deemed to satisfy the requirements in relation to work history in the territory of a Contracting Party if, since the date referred to in sub-paragraph 2 (a), the person has undertaken:

(i) in relation to Australia, paid work for 8 weeks of at least 30 hours per week; or

(ii) in relation to New Zealand, 8 weeks full employment;

(b) consideration of a person’s circumstances shall include consideration of:

(i) the person’s family arrangements;


 

SCHEDULE 3—continued

(ii) the housing or accommodation arrangements of the person and, if applicable, of the spouse and children of the person, whether in the territory of the Contracting Party concerned, of the other Contracting Party or elsewhere, including actions such as the purchase or lease of a home in the first-mentioned territory and the disposal of a former home in the other territory or elsewhere; and

(iii) the arrangements made by the person in regard to any bank or comparable accounts, the transfer, disposal or location of any property, and taxation clearances.

4. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim for unemployment benefit in that territory, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party.

5. For the purposes of paragraph 4, a period of residence in the territory of a Contracting Party in relation to a person shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence.

ARTICLE 14

Supporting Parents’ Benefit and Domestic Purposes Benefit

1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party.

2. Subject to paragraph 3, a person to whom this Article applies shall not be granted a supporting parents’ benefit or a domestic purposes benefit by a Contracting Party unless, in addition to meeting the requirements for that benefit of the social security laws of that Contracting Party, the person has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory.

3. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim, in Australia, for supporting parents’ benefit or, in New Zealand, for domestic purposes benefit, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party.

4. For the purposes of paragraph 3, a period of residence in the territory of a Contracting Party in relation to a person:

(a) shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence; and

(b) shall not include any period deemed by Article 6 to be a period of residence by the person in that territory.

ARTICLE 15

Wife’s Pension and Carer’s Pension

A person who receives from Australia a wife’s pension or a carer’s pension by virtue of the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall, for the purposes of this Agreement, be deemed to receive that pension by virtue of this Agreement.


 

SCHEDULE 3—continued

PART IV—MISCELLANEOUS PROVISIONS

ARTICLE 16

Lodgement of Claims

1. Subject to paragraph 3, a claim for a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Contracting Parties, in accordance with administrative arrangements made pursuant to Article 20, at any time after the Agreement enters into force.

2. Where a claim for a benefit payable by one of the Contracting Parties is lodged in the territory of the other Contracting Party in accordance with paragraph 1, the date on which the claim is lodged shall be the date of lodgement of the claim for all purposes relating to the claim.

3. Paragraph 1 applies, in relation to Australia, only to those Australian benefits described as sickness benefit, double orphan’s pension and family allowance.

ARTICLE 17

Portability of Benefits for Temporary Absences

Where a benefit is payable by one of the Contracting Parties by virtue of this Agreement, that benefit shall be payable, up to a period of 26 weeks, while the beneficiary is in the territory of the other Contracting Party or outside the territory of both, subject to the provisions of this Agreement and of the social security laws of the first-mentioned Contracting Party other than, in relation to Australia, those provisions precluding the payment of benefits outside Australia.

ARTICLE 18

Exclusion of New Zealand Benefits from Australian Income Test

Where a benefit is paid by Australia to a person who is in New Zealand and a benefit is also paid by New Zealand to that person, the amount of the benefit paid by New Zealand shall not be included in the income of that person for the purposes of the social security laws of Australia.

ARTICLE 19

Recovery of Overpayments

1. Where:

(a) an amount paid by one of the Contracting Parties to a person in respect of a benefit exceeds the amount, if any, that is properly payable, whether by virtue of this Agreement or otherwise, in respect of that benefit; and

(b) a benefit is payable by the other Contracting Party to that person, whether by virtue of this Agreement or otherwise,

the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, and in accordance with this Article, deduct the amount equivalent to the excess payment referred to in sub-paragraph (a) from amounts due in respect of the last-mentioned benefit.

2. The amount of an excess payment referred to in paragraph 1 shall be the amount determined by the competent authority of the Contracting Party by whom the excess payment was made.

3. The rate of deductions made in accordance with paragraph 1 from amounts due in respect of a benefit, and any incidental or related matters, shall be determined by the competent authority of the Contracting Party by whom that benefit is payable, in accordance with the social security laws of that Contracting Party, including in particular those provisions which relate to deduction from, in the case of Australia, family allowance and, in the case of New Zealand, family benefit.


 

SCHEDULE 3—continued

4. Where, in a case such as that described in sub-paragraph 1 (a), the person to whom the excess amount was paid by one of the Contracting Parties is in the territory of the other Contracting Party and is not in receipt of a benefit from that other Contracting Party, the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, endeavour to arrange with the person for the repayment to the first-mentioned Contracting Party of that excess amount.

5. Amounts deducted by one of the Contracting Parties in accordance with paragraph 1, and any amounts received by that Contracting Party pursuant to arrangements referred to in paragraph 4, shall be remitted to the other Contracting Party as agreed between the competent authorities or in administrative arrangements made pursuant to Article 20.

6. In this Article, “benefit” is not limited to those benefits specified in Article 2.

ARTICLE 20

Administrative Arrangements

1. The competent authorities of the Contracting Parties shall make whatever administrative arrangements are necessary from time to time in order to implement this Agreement, and to enable benefits payable by one of the Contracting Parties, whether by virtue of this Agreement or otherwise, to persons who are residing in or in the territory of the other Contracting Party to be paid to those persons on behalf of the first-mentioned Contracting Party by that other Contracting Party.

2. Where arrangements of the kind referred to in paragraph 1 are required to be made on a mutual basis, the competent authorities shall co-operate, both in regard to matters affecting the operation of both social security systems and of each of them.

3. A benefit payable by one of the Contracting Parties by virtue of this Agreement shall be paid by that Contracting Party without deduction for administrative fees and charges.

ARTICLE 21

Exchange of Information

1. The competent authorities of the Contracting Parties shall, without limitation by Article 3, exchange such information as is necessary for the operation of this Agreement or of the social security laws of the Contracting Parties concerning all matters arising under this Agreement or under those laws other than those matters referred to in the social security laws of New Zealand as “Contributions Towards Cost of Domestic Purposes Benefits for Solo Parents” and “Medical and Hospital Benefits and other Related Benefits”.

2. Any information received by the competent authority of a Contracting Party pursuant to sub-paragraph 1 shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with matters, including the determination of appeals, arising under the provisions of this Agreement or the social security laws of the Contracting Parties and shall be used for other purposes or disclosed to other persons only with the prior consent of the competent authority who provided the information.

3. In no case shall the provisions of paragraph 1 and 2 be construed so as to impose on the competent authority of a Contracting Party the obligation:

(a) to carry out administrative measures at variance with the laws of the administrative practice of that or the other Contracting Party; or

(b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Contracting Party.


 

SCHEDULE 3—continued

4. Unless there are reasonable grounds for believing the contrary, any information received by a competent authority from the other competent authority shall be accepted as valid or true, as the case requires.

5. A Contracting Party shall not raise any charges against the other Contracting Party for services of an administrative nature rendered by that first-mentioned Contracting Party to the other in accordance with this Agreement or the administrative arrangements made pursuant to Article 20, but that other Contracting Party shall meet any costs or expenses which are reasonably incurred for those services and are payable to another person or organisation.

ARTICLE 22

Appeals

1. Any person who is affected by a determination, direction, decision or approval made or given by the competent authority or an institution of a Contracting Party, in relation to a matter arising by virtue of this Agreement, shall have the same rights to the review, by administrative and judicial bodies of that Contracting Party, of that determination, direction, decision or approval as are provided under the domestic laws of that Contracting Party.

2. Documents relating to appeals that may be made to administrative bodies established by, or administratively for the purposes of, the social security laws of Australia or New Zealand may be lodged in the territory of the other Contracting Party, respectively, in accordance with administrative arrangements made pursuant to Article 20 and any documents duly lodged in that manner shall be regarded as duly lodged for the purposes of those laws.

3. The date on which the document is duly lodged in the territory of one of the Contracting Parties in accordance with paragraph 2 shall determine whether that document is lodged within any time limit specified by the laws or administrative practices of the other Contracting Party which govern the appeal concerned.

ARTICLE 23

Review of Agreement

The Contracting Parties may agree at any time to review any of the provisions of this Agreement and, in any case, shall, within the period of 3 years commencing on the date of signature of this Agreement, review the present limitation on continuation of payment by a Contracting Party of benefits to beneficiaries who move outside the territory of that Contracting Party.

PART V—FINAL PROVISIONS

ARTICLE 24

Entry into Force

1. This Agreement shall enter into force on the date on which the Contracting Parties exchange notes through the diplomatic channel notifying each other that the last of such things has been done as is necessary to give this Agreement the force of law in Australia and in New Zealand, as the case may be, and thereupon this Agreement shall have effect on and from the date specified for that purpose in that exchange of notes.

2. When this Agreement commences to have effect, the Agreement on Social Security between the Government of Australia and the Government of New Zealand, signed at Sydney on 15 April 1949, shall terminate but shall continue to have effect in relation to all persons who, immediately prior to its termination, were in receipt of a benefit paid by either or both of Australia and New Zealand by virtue of that Agreement but such a person may elect to have his or her future entitlement in respect of that benefit determined in accordance with this Agreement.


 

SCHEDULE 3—continued

ARTICLE 25

Termination

1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from the other written notice through the diplomatic channel of the intention of the other Contracting Party to terminate this Agreement.

2. In the event that this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who:

(a) at the date of termination, are in receipt of benefits; or

(b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,

by virtue of this Agreement.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement.

Done in duplicate at Melbourne this fifth day of October 1986.

FOR THE GOVERNMENT             FOR THE GOVERNMENT

OF AUSTRALIA:                            OF NEW ZEALAND:

B. HOWE.                               G. ANSELL

 

NOTE

1. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; and Nos. 5, 28, 33, 106, 130 and 152, 1986.

[Minister’s second reading speech made in—

House of Representatives on 25 March 1987

Senate on 4 May 1987]