Commonwealth: Social Security (International Agreements) Act 1999 (Cth)

Social Security (International Agreements) Act 1999 No. 173, 1999 Compilation No. 55 Compilation date: 1 February 2024 Includes amendments: F2023L01176 Registered: 5 February 2024 This compilation is in 2 volumes Volume 1: sections 1–25 Schedules 2–15 Volume 2: Schedules 16–33 Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Social Security (International Agreements) Act 1999 that shows the text of the law as amended and in force on 1 February 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Social security law 4A Norfolk Island Part 2—International social security agreements 5 Scheduled international social security agreements 6 Overriding of social security law by scheduled international social security agreements 7 Amendment of Schedules by regulations 8 Addition of new scheduled international social security agreements 9 Repeal of Schedule 10 Parenting payment claimed under agreement 11 Portability of international agreement pension or allowance 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia Part 3—Calculation of international agreement portability rates Division 1—Overall rate calculation process 13 Overall calculation process 14 Amounts to be treated as income 14A Additional child amounts Division 2—Australian working life residence 15 Working life 16 Australian working life residence generally 17 Calculation of period of residence 21 Australian working life residence: recipient of pension PP (single) Division 3—Residence factor 23 Residence factor: Australian working life residence of 35 years or more 24 Residence factor: Australian working life residence of less than 35 years Part 4—Regulations 25 Regulations Schedule 2—Italy Schedule 3—New Zealand Schedule 4—Canada Schedule 5—Spain Schedule 6—Malta Schedule 7—Netherlands Schedule 8—Ireland Schedule 9—Portugal Schedule 10—Austria Schedule 11—Cyprus Schedule 12—Denmark Schedule 13—United States of America Schedule 14—Germany Schedule 15—Chile An Act to give effect to international social security agreements, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Social Security (International Agreements) Act 1999. 2 Commencement This Act commences on 20 March 2000. 3 Interpretation Unless a contrary intention appears, an expression that is used in the Social Security Act 1991 has the same meaning, when used in this Act, as in the Social Security Act 1991. 4 Social security law This Act forms part of the social security law. 4A Norfolk Island This Act extends to Norfolk Island. Part 2—International social security agreements 5 Scheduled international social security agreements (1) For the purposes of a provision of the social security law, an agreement is a scheduled international social security agreement if: (a) the agreement is between Australia and another country; and (b) the agreement relates to reciprocity in social security or superannuation matters; and (c) the text of the agreement is set out in a Schedule to this Act. (2) The reference in subsection (1) to a scheduled international social security agreement includes a reference to such an agreement as amended, or otherwise affected in its operation, by a further agreement or further agreements between Australia and the other country concerned. 6 Overriding of social security law by scheduled international social security agreements (1) The provisions of a scheduled international social security agreement have effect despite anything in the social security law. (2) Subsection (1) applies to a provision of an agreement only in so far as the provision is in force and affects the operation of the social security law. (3) If: (a) immediately before he or she reaches pension age, a person is receiving a social security payment (other than age pension) solely because of the operation of a scheduled international social security agreement; and (b) on reaching pension age, the person becomes qualified for age pension because of the operation of paragraph 43(1)(c) of the Social Security Act 1991; the age pension is taken to be payable to the person under the agreement referred to in paragraph (a). 7 Amendment of Schedules by regulations (1) The regulations may make provision amending a Schedule to this Act so as to set out in the Schedule the text of an agreement (the amending agreement) that amends, or otherwise affects the operation of, another agreement set out in the Schedule. (2) Regulations making provision by virtue of subsection (1) must not come into operation on a day earlier than the day on which the amending agreement comes into force for Australia. 8 Addition of new scheduled international social security agreements (1) The regulations may add to this Act a Schedule setting out the terms of an agreement between Australia and another country if the agreement relates to reciprocity in social security or superannuation matters. (2) Regulations made by virtue of subsection (1) must not come into operation on a day earlier than the day on which the agreement concerned comes into operation for Australia. 9 Repeal of Schedule The regulations may repeal a Schedule to this Act. 10 Parenting payment claimed under agreement (1) If: (a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and (b) the person, while outside Australia, lodges a claim for parenting payment; and (c) the person is not a member of a couple; and (d) the person would qualify for parenting payment if the following provisions had not been enacted: (i) paragraph 500(1)(b) or (c) of the Social Security Act 1991; (ii) subparagraph 500(1)(d)(ii) of that Act; (iii) subsection 5(21), (23) or (24) of that Act; then: (e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and (f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement. (2) If: (a) a person who is in Australia lodges a claim for parenting payment; and (b) the person is not a member of a couple; and (c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; then: (d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and (e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement. 11 Portability of international agreement pension or allowance A social security payment payable under a scheduled international social security agreement is not payable to a person for a period when the person is outside Australia unless the agreement provides that the pension or allowance is payable outside Australia. 12 Rate of pension or allowance payable under agreement where rate to be determined under law of Australia (1) If: (a) a social security payment is payable to a person under a scheduled international social security agreement; and (b) the person is outside Australia; and (c) the agreement provides for the rate of the social security payment to be determined according to the law of Australia; the rate of the social security payment is the person's international agreement portability rate worked out in accordance with Part 3. (2) A reference in the agreement to a person's period of residence in Australia is to be taken to be a reference to the period of the person's Australian working life residence for the purposes of this Act. Part 3—Calculation of international agreement portability rates Division 1—Overall rate calculation process 13 Overall calculation process (1) A person's international agreement portability rate is worked out as follows: (a) the period of the person's Australian working life residence in Australia (the residence period) is worked out according to Division 2; (b) the person's residence factor is worked out according to Division 3; (c) the person's notional agreement pension rate is worked out by calculating the rate that would be the person's social security payment rate if this section did not apply to the person but taking into account section 14; (d) if the person's notional agreement pension rate is nil, the international agreement portability rate is also nil; (e) if the person's notional agreement pension rate is not nil, add the additional child amount or amounts (that are applicable in accordance with section 14A) to the person's notional agreement pension rate. This new amount is the person's total notional rate; (f) multiply the person's total notional rate by the person's residence factor: the result is the person's international agreement portability rate. (2) If a person's international agreement portability rate as calculated under subsection (1) would exceed the rate (the notional rate) that would be the person's notional agreement pension rate under that subsection if the person had a residence factor of 1, the person's international agreement portability rate is the rate that equals the notional rate. 14 Amounts to be treated as income (1) If a scheduled international social security agreement provides that certain amounts are to be treated as income of a person—those amounts are to be treated as income of the person for the purposes of this Part. (2) If a scheduled international social security agreement provides that certain amounts are to be treated as not being income of a person—those amounts are to be treated as not being income of the person for the purposes of this Part. 14A Additional child amounts For the purpose of the step in the calculation of a person's international agreement portability rate that is described in paragraph 13(1)(e), the additional child amounts that may be applicable are set out in the following table. They are annual amounts. The amount in item 3 is only applicable if an amount in item 1 or 2 is to be paid to a person without a partner. Additional child amounts Item Family situation Additional child amount 1 For each dependent child under 13 years of age $1,957.80 2 For each dependent child who has reached 13, but is under 16, years of age $2,732.60 3 For a person without a partner $962.00 Note: Additional child amounts are indexed annually in line with CPI increases (see sections 1190 and 1191 of the Social Security Act 1991). Division 2—Australian working life residence 15 Working life For the purposes of this Division, a person's working life is the period beginning when the person turns 16 and ending when the person reaches pension age. 16 Australian working life residence generally Subject to sections 17 and 21, a person's period of Australian working life residence at a particular time is the number of months in the period, or the aggregate of the periods, during the person's working life during which the person has, up to that time, been an Australian resident. 17 Calculation of period of residence (1) If a person's period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month. (2) If a person's period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month. 21 Australian working life residence: recipient of pension PP (single) If: (a) a person is receiving a pension PP (single); and (b) the person became qualified for the pension because the person's former partner died; and (c) the partner's period of Australian working life residence (immediately before the partner's death) is longer than the period that would now be the person's period of Australian working life residence under section 17; the person's period of Australian working life residence is to be equal to the partner's period of Australian working life residence (immediately before the partner's death). Division 3—Residence factor 23 Residence factor: Australian working life residence of 35 years or more If a person's period of Australian working life residence is 420 months (35 years) or more, the person's residence factor is 1. 24 Residence factor: Australian working life residence of less than 35 years If a person's period of Australian working life residence is less than 420 months (35 years), the person's residence factor is the fraction represented by: Part 4—Regulations 25 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient for carrying out or giving effect to this Act. Schedule 2—Italy PART A Note: See section 5. AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY Australia and the Republic of Italy, Wishing to strengthen the existing friendly relations between the two countries, and Desiring to review the Agreement providing for reciprocity in matters relating to Social Security signed on 23 April 1986, and Acknowledging the need to co‑ordinate further the operation of their respective social security systems and to enhance the equitable access by people who move between Australia and Italy 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) "supplement for children" means, in relation to Australia, the additional family payment and, if applicable, the guardian allowance that would be payable to a person in addition to a benefit under the legislation of Australia if that person were an Australian resident in Australia and qualified for that payment and, if applicable, that allowance; (b) "Australian resident" means an Australian resident as defined in the legislation of Australia; (c) "benefit" means, in relation to a Party, a pension or allowance for which provision is made in the legislation of that Party and includes any additional amount, increase or supplement payable in addition to that pension or allowance to a person who qualifies for that additional amount, increase or supplement under the legislation of that Party; (d) "competent authority" means, in relation to Australia: the Secretary to the Department of Social Security; and, in relation to Italy: the Ministry of Labour and Social Welfare; (e) "dependants" means, in relation to Italy, persons who are within the categories of family members of an insured person or pensioner under the legislation of Italy and who are recognised by that legislation as the dependants of that person or pensioner; (f) "disability support pension" means, in relation to Australia, the payment made under the legislation of Australia to people who are considered to be severely disabled under that legislation; (g) "institution" means, in relation to Australia: the Department of Social Security; and in relation to Italy: an institution, apart from the competent authority, which is responsible for the application of this Agreement as specified in the administrative arrangements for this Agreement; (h) "Italian integration" means the integrazione al minimo paid to increase the amount of a benefit derived from contributions or otherwise to the minimum amount specified under the legislation of Italy; (i) "Italian social supplement" means that welfare benefit granted in addition to the pensions of those people who have incomes lower than the amount fixed by Italian legislation; (j) "legislation" means the laws specified in Article 2; (k) "period of Australian working life residence" means a period defined as such in the legislation of Australia; (l) "period of credited contributions" means a period or the total of two or more periods of contributions used to acquire an entitlement to a benefit and any period deemed to be a period of contributions under the legislation of Italy; (m) "spouse carer pension" means a carer pension payable, under the legislation of Australia, to the partner of a person who is in receipt of a disability support pension or of an age pension; (n) "survivors" means, in relation to Italy, persons who are within the categories of family members of a person who was insured or was a pensioner under the legislation of Italy and is now deceased, and who are recognised by that legislation as survivors of that person or pensioner; (o) "widow" means a de jure widow; 2. In the application of this Agreement by a Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the legislation within the scope of this Agreement, in relation to that Party, by virtue of Article 2. ARTICLE 2 Legislative Scope 1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or replace them: (a) in relation to Australia: the Social Security Act 1991 in so far as the Act provides for, applies to or affects the following benefits: (i) age pension; (ii) disability support pension (iii) wife pension; (iv) pensions payable to widows; (v) widowed person allowance; (vi) spouse carer pension; (vii) double orphan pension; and (viii) supplements for children. (b) in relation to Italy: the legislation in force at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that legislation, concerning the compulsory general insurance scheme for employees in regard to invalidity, old age and survivors; special insurance schemes for self‑employed persons and other categories of workers; family benefits for dependants of pensioners and unemployment insurance and, in particular, the following benefits: (i) old age pensions; (ii) seniority pensions; (iii) anticipated pensions; (iv) invalidity allowances; (v) inability pensions; (vi) privileged invalidity allowances; (vii) privileged inability pensions; (viii) invalidity attendance allowance; (ix) survivors' pensions; (x) family benefit for dependants of pensioners; and (xi) unemployment allowances. 2. Notwithstanding the provisions of paragraph 1, and unless otherwise specified in this Agreement, the legislation of Australia and Italy shall not include any laws made at any time for the purpose of giving effect to any agreement on social security. 3. The competent authorities of the Parties shall advise each other of legislation that amends, supplements or replaces the legislation within the scope of this Agreement promptly after the first‑mentioned legislation is enacted. ARTICLE 3 Personal Scope This Agreement shall apply to any person who: (a) is or has been an Australian resident; and/or (b) has credited contributions under the legislation of Italy, and, where applicable, to dependants and survivors in regard to entitlements they may derive from the person mentioned in this Article. ARTICLE 4 Equality of Treatment 1. The citizens of each of the Parties shall be treated equally in the application of the legislation of Australia and of Italy respectively and, in any case where qualification for a benefit under the legislation of a Party depends, in whole or in part, on citizenship of that Party, a person who is a citizen of the other Party shall, for the purposes of a claim for that benefit, be deemed to be a citizen of the first mentioned Party. 2. All persons to whom this Agreement applies shall be treated equally by the Parties in regard to entitlements and obligations derived from the legislation of the Parties and from this Agreement. 3. A Party shall not be required to apply paragraphs 1 and 2 of this Article to a person who is present in the territory of that Party without lawful authority. PART II — PROVISIONS RELATING TO BENEFITS AUSTRALIAN BENEFITS ARTICLE 5 Residence or Presence in Italy or in a Third Country 1. Subject to paragraph 2, where a person would be qualified for a benefit under the legislation of Australia or under this Agreement except for not being an Australian resident and in Australia on the date on which the claim for that benefit is lodged, but: (a) is an Australian resident or residing in the territory of Italy or of a third country with which Australia has implemented an agreement that includes provision for co‑operation in the lodgement and determination of claims for benefits, and (b) is in Australia, the territory of Italy or the territory of that third country, that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purpose of lodging that claim, to be an Australian resident and in Australia. 2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims a double orphan pension in accordance with Article 9. ARTICLE 6 Partner‑related Australian benefits A person who receives or is qualified to receive a benefit under the legislation of Australia due to the fact that his or her partner receives or is qualified to receive an Australian benefit by virtue of this Agreement, shall receive a rate calculated under this Agreement. ARTICLE 7 Totalisation of Periods of Residence and Periods of Contributions Totalisation for Australia 1. Where a person to whom this Agreement applies has accumulated: (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the legislation of Australia for a benefit; and (b) a period of Australian working life residence equal to or greater than the minimum period identified for that person in paragraph 4; and (c) a period of credited contributions in Italy; then that period of credited contributions shall be deemed, only for the purposes of meeting any minimum qualifying period for that benefit set out in the legislation of Australia, to be a period when that person was an Australian resident. 2. For the purposes of paragraph 1, where a person: (a) has been an Australian resident for a continuous period which is less than the minimum period of continuous residence required by the legislation of Australia for entitlement of that person to a benefit; and (b) has accumulated a period of credited contributions in Italy in 2 or more separate periods that equals or exceeds in total the period referred to in sub‑paragraph (a); the total of the periods of credited contributions shall be deemed to be one continuous period. 3. For the purposes of this Article, where a period as an Australian resident and a period of credited contributions coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident. 4. The minimum period of Australian working life residence to be taken into account for the purposes of sub‑paragraph 1(b) shall be as follows: (a) for the purposes of an Australian benefit payable to a person outside Australia: the minimum period required shall be 12 months, of which at least 6 months must be continuous; and (b) for the purposes of an Australian benefit payable to an Australian resident in Australia: no minimum period of Australian working life residence shall be required. 5. For the purposes of paragraphs 1 and 2 and for the purpose of a claim by a woman for a pension payable to a widow, that woman shall be deemed to have accumulated a period of credited contributions for any period her late husband accumulated a period of credited contributions, but any period during which the woman and her late husband both accumulated periods of credited contributions shall be taken into account once only. ARTICLE 8 Calculation of Australian Benefits 1. Subject to the provisions of this Article, where an Australian benefit, other than a double orphan pension, is payable under this agreement or otherwise to a person who is outside Australia, the rate of that benefit shall be determined according to the legislation of Australia but, when assessing the income of that person for the purposes of calculating the rate of the Australian benefit, benefits paid or due under the legislation of Italy shall be assessed in the following way: (a) any Italian integration and/or social supplement and family benefit for the dependants of pensioners included in the total amount of that Italian benefit shall be disregarded; (b) the social pension paid by Italy as non‑contributory welfare support shall be disregarded; and (c) only a proportion of any other Italian benefit shall be assessed by multiplying the number of whole months of Australian working life residence used for that person (but not exceeding 300) by the amount of that other Italian benefit and by dividing the result by 300. 2. A person referred to in paragraph 1 shall be entitled to receive the concessional treatment of income described in sub‑paragraph (c) only for any period during which the rate of that person's Australian benefit is proportionalised. 3. Subject to the related provisions in this Article, where an Australian benefit, other than a double orphan pension, is payable under this agreement to a person who is an Australian resident and in Australia, the rate of that benefit shall be determined by: (a) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Italian benefit (including any Italian integration and/or social supplement and family benefit for dependants of pensioners) to which that person is entitled; (b) deducting that Italian benefit (including any Italian integration and/or social supplement and family benefit for dependants of pensioners) from the maximum rate of the Australian benefit; and (c) applying to the Australian benefit remaining, after the application of sub‑paragraph (b), the relevant rate calculation set out in the legislation of Australia, using as the person's income the result from the application of sub‑paragraph (a). 4. For the purposes of this Article and for the application of the legislation of Australia, where a member of a couple is, or both his or her partner are, entitled to receive an Italian benefit or benefits, each of them shall be deemed to be in receipt of one half of either the amount of that benefit or of the total of the benefits, as the case may be. ARTICLE 9 Double Orphan Pension and Spouse Carer pension 1. Where a double orphan pension would be payable to a person under the legislation of Australia, in respect of a young person whose sole surviving parent died while that young person was an Australian resident, if that person and that young person were inhabitants of Australia, that pension shall, subject to the provisions of those laws, be payable while that person and that young person are residents of Italy. 2. For the purposes of qualification for a spouse carer pension under this Agreement, a person who is in Italy shall be regarded as being in Australia. ARTICLE 10 Exclusion of Specified Italian Payments from the Australian Income Test 1. Subject to paragraph 3 of Article 8 and paragraph 2 of this Article, where a person receives or is entitled to receive a benefit under the legislation of Australia by virtue of this Agreement or otherwise and that person and or that person's partner receive an Italian benefit or benefits which include Italian integration and/or Italian social supplement and/or family benefits for dependants of pensioners, that integration, social supplement and family benefits for dependants of pensioners shall not be included as income for the purposes of assessing the rate of that Australian benefit. 2. For the purposes of this Article only, the term "benefit" shall include job search, newstart and sickness allowances payable under the social security laws of Australia. ITALIAN BENEFITS ARTICLE 11 Totalisation of Periods of Contributions and Periods of Residence Totalisation for Italy 1. Where a person to whom this Agreement applies has accumulated: (a) a period of credited contributions in Italy that is less than the period required to qualify that person under the legislation of Italy for a benefit; and (b) a period of credited contributions equal to or greater than the minimum period identified for that benefit for that person in paragraph 2; and (c) a period of Australian working life residence; then that period of Australian working life residence shall be deemed, for the purposes of meeting any minimum qualifying period for that benefit set out in the legislation of Italy, to be a period of credited contributions. 2. The minimum period of credited contributions in Italy to be taken into account for the purposes of paragraph 1 shall be as follows: (a) for old age pension: 1 year; (b) for anticipated pension: 1 year; (c) for seniority pension: 15 years; (d) for invalidity allowance: 1 year; (e) for inability pension: 1 year; (f) for privileged invalidity pension allowance: 1 year; (g) for privileged inability pension: 1 year; and (h) for survivor's pension: 1 year. 3. For the purposes of voluntary insurance under the legislation of Italy, a period of credited contributions in Italy in relation to a person shall be combined, where necessary, with any period of Australian working life residence accumulated by that person, provided the first‑mentioned period totals at least one year. 4. For all purposes of this Article, where a period of credited contributions and a period of Australian working life residence coincide, the period of coincidence shall be taken into account once only by Italy as a period of contributions. ARTICLE 12 Italian Pro‑Rata Benefits 1. The amount of Italian benefit payable to a person through the application of Article 11 shall be determined as follows: (a) the amount of the theoretical benefit to which the person concerned would be entitled shall be established as if the period of credited contributions in Italy, and the period of Australian working life residence referred to in sub‑paragraph 1(c) of Article 11, and accumulated to the date from which the benefit would be payable to that person, had accumulated under the legislation of Italy; and (b) the amount of benefit payable shall be that amount which bears to the amount referred to in sub‑paragraph (a) the same ratio as that period of credited contributions bears to the sum of that period of credited contributions and that period of Australian working life residence for that person. 2. If the sum of the periods referred to in sub‑paragraph 1(b) exceeds the maximum period provided for by the legislation of Italy for entitlement to the maximum rate of the benefit concerned, the maximum period shall be substituted for that sum in calculations made in accordance with that sub‑paragraph. 3. The calculation of a rate in relation to a person in accordance with paragraph 1 shall take into account only the salary or income of that person which was subject to contributions under the legislation of Italy. 4. If a person resides in Italy and is entitled to benefits under the legislation of both Parties and the total of these benefits is less than the minimum pension amount (trattamento minimo di pensione) specified under the legislation of Italy, the Italian institution shall pay, in addition to its benefit, the Italian integration needed to reach the said minimum pension amount. ARTICLE 13 Exclusion of Specified Australian Payments from the Italian Income Test Where a person receives or is entitled to receive a benefit under the legislation of Italy by virtue of this Agreement or otherwise and that benefit includes an Italian integration, Italian social supplement and or family allowance for dependants of pensioners, any supplements for children paid to that person and or that person's partner under the social security laws of Australia shall not be included as income for the purposes of assessing the rate of that Italian integration, Italian social supplement and or family benefit. ARTICLE 14 Unemployment Allowance For the purposes of eligibility by a citizen of Australia or of Italy for unemployment allowance under the social security laws of Italy, any periods of employment accumulated in Australia by that person, other than periods of self‑employment, shall be totalised with periods of credited contributions in Italy for that person, if those last‑mentioned periods total one year or more. ARTICLE 15 Family Benefits Family benefits payable under the legislation of Italy: (a) shall be payable under this Agreement to Australian residents who are receiving an Italian benefit payable under the social security laws of Italy, whether those persons are citizens of Australia or of Italy; and (b) shall not preclude the payment of family payments under the social security laws of Australia, including those laws as modified or adapted by laws giving effect to an agreement on social security with a third country, and shall, for the purpose of reciprocity under this Agreement, be regarded as the Italian benefit equivalent to those Australian benefits described as: (c) wife pension; (d) spouse carer pension; and (e) supplements for children. PART III — MISCELLANEOUS PROVISIONS ARTICLE 16 Lodgement of Claims 1. A claim for benefit, under this Agreement or otherwise, may be lodged: (a) in the territory of either Party in accordance with the administrative arrangements for this Agreement; or (b) in a third country if that country is of the kind referred to in Article 5, at any time after the Agreement enters into force. 2. Where a claim for a benefit of a Party is lodged in the territory of the other Party or in a third country 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. ARTICLE 17 Determination of Claims 1. In determining the entitlement of a person to a benefit under this Agreement: (a) a period of Australian residence and a period of credited contributions; and (b) any event relevant to that entitlement, shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force. 2. The start date for the payment of a benefit under this Agreement shall be determined by the legislation of the Party concerned and in no case shall that date be a date earlier than the entry into force of this Agreement. 3. Where: (a) a claim is made for a benefit payable by one of the Parties, whether by virtue of this Agreement of otherwise; and (b) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to a benefit (in this Article called "assumed benefit"), that is payable by the other Party and that, if paid, would affect the amount of the first‑mentioned benefit, that claim may be determined by the first‑mentioned Party as if the assumed benefit were in fact being paid to that claimant. 4. Where a claim for a benefit is determined in accordance with the preceding paragraph 3 and it is subsequently established that the amount of the assumed benefit in relation to that person was not in fact paid, any deficiency in the payment of the first‑mentioned benefit shall be adjusted retrospectively. 5. Where: (a) it appears that a person who is entitled to the payment of a benefit by one of the Parties might also be entitled to the payment of a benefit by the other Party, in either case whether by virtue of this Agreement or otherwise; (b) the amount of the benefit that might be paid by that other Party would affect the amount of the benefit payable by the first‑mentioned Party; and (c) the amount that could be due in respect of the benefit by that other Party, whether by virtue of this Agreement or otherwise, is likely to include an adjustment for arrears of that benefit, then (d) that other Party shall, if the first‑mentioned Party so requests, pay the amount of those arrears to the first‑mentioned Party; and (e) the first mentioned Party may deduct from the amount of those arrears any excess amount of the benefit paid by it and shall pay any balance remaining to that person. ARTICLE 18 Portability of Benefits 1. Benefits of one Party are also payable in the territory of the other Party. 2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable under this Agreement, is also payable outside the territories of both Parties. 3. Where qualification for a benefit of one Party is subject to limitations as to time, then references to that Party in those limitations shall be read also as references to the territory of the other Party. 4. A benefit payable by a Party under this Agreement shall be paid by that Party without deduction for government administrative fees and charges for processing and paying that benefit whether paid in the territory of the other Party or outside the respective territories of both Parties. ARTICLE 19 Administrative Arrangements The competent authorities of the Parties shall make whatever administrative arrangements are necessary to implement this Agreement. ARTICLE 20 Exchange of Information and Mutual Assistance 1. The competent authorities and institutions responsible for the application of this Agreement: (a) shall communicate to each other any information necessary for the application of this Agreement and of their respective social security laws; (b) shall lend their good offices and furnish assistance to one another, including the communication to each other of any necessary information, with regard to the determination or payment of any benefit under this Agreement or under the social security laws of either Party as if the matter involved the application of their own legislation; (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation in so far as those changes affect the application of this Agreement; and (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the parties with third countries, to the extent and in the circumstances specified in the administrative arrangements for this Agreement. 2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any administrative arrangements made pursuant to Article 19. 3. Any information about a person transmitted under this Agreement to an institution shall be protected in the same manner as information obtained under the legislation of that Party. 4. In no case shall the provisions of paragraph 1 be construed so as to impose on the competent authority or the institution of a Party the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or the other Party. 5. In the application of the Agreement, the competent authorities and the institutions of a Party may communicate in its official language with the other Party. ARTICLE 21 Appeals 1. Any person affected by a determination, direction, decision or approval made or given by the competent authority or institution of a Party, in relation to a matter arising under this Agreement, shall have the same rights to a review by administrative and judicial bodies of that Party of that determination, direction, decision or approval as are provided under the laws of that Party. 2. An appeal and documents related to an appeal in accordance with paragraph 1, may be lodged in the territory of either Party in line with the administrative arrangements for this agreement. 3. Subject to paragraph 4, the date on which appeals and related document are lodged in accordance with paragraph 2 with the institution of one Party shall be regarded as the date of lodgement of those appeals and related documents with the institution of the other Party. 4. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by the social security laws of Australia. ARTICLE 22 Review of Agreement 1. The Parties may agree at any time to review the whole or any part of this Agreement. 2. Subject to paragraph 1, the Parties shall consult regarding a review of this Agreement and its implementation after the Agreement has been in force for 4 years. 3. Where a party amends, supplements or replaces its legislation, the Parties shall, if one Party so requests, consult on any consequences of that change to the legislation and on the continuing implementation of the Agreement including on whether an amendment to the Agreement is necessary. PART IV — FINAL PROVISIONS ARTICLE 23 Entry into Force and Transitional Provisions 1. This Agreement shall be ratified by both Parties in accordance with their respective procedures and shall enter into force on the first day of the month following that in which there has been an exchange of instruments of ratification. 2. When this Agreement enters into force the Agreement between Australia and the Republic of Italy on Social Security signed on 23 April 1986 shall, subject to paragraph 3, terminate. 3. Subject to paragraph 4, where, on the date on which this Agreement enters into force, a person: (a) is in receipt of a benefit under the legislation of either Party by virtue of the Agreement which was signed on 23 April 1986; or (b) is qualified to receive a benefit referred to in subparagraph (a) and, where a claim for that benefit is required, has claimed that benefit, no provision of this Agreement shall affect that person's qualification to receive that benefit. 4. Th rate of a benefit for which a person is qualified by virtue of paragraph 3 shall, subject to this Agreement, be assessed in accordance with the provisions of the legislation of the relevant Party. 5. Where a resident of Italy: (a) was in receipt of a widow B pension from Australia and had that pension cancelled because of the enactment of section 1215 of the Social Security Act 1991; or (b) had applied for a widow B pension on or before 30 June 1992 but that application had not been determined by that date, then that cancelled pension shall be reinstated back to the date of cancellation or that application shall be determined as if section 1215 had not been enacted. The rate of the reinstated widow B pension or of the widow B pension paid under any successful application shall be calculated under the provisions of the Agreement mentioned in paragraph 2 of this Article until this Agreement comes into force and thereafter shall be calculated under this Agreement. ARTICLE 24 Termination 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other written notice through the diplomatic channel of the intention to terminate this Agreement. 2. In the event 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 under this Agreement; or (b) before the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits under this Agreement. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement. Done in duplicate at Rome the thirteenth day of September 1993, in the English and Italian languages, both texts being equally authoritiative. FOR AUSTRALIA FOR THE REPUBLIC OF ITALY [Signatures omitted] PART B EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT, DONE AT CANBERRA ON 31 MAY 2000, AMENDING AND CLARIFYING THE AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY OF 13 SEPTEMBER 1993 The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Italy and has the honour to refer to the Agreement on Social Security between Australia and the Republic of Italy, done at Rome on 13 September 1993 ("the Agreement") and to recent discussions between the relevant authorities of Australia and the Republic of Italy. The Department notes that since the agreement was signed there have been changes to the legislation of both Parties which affect the interpretation and implementation of the Agreement. Therefore the Department has the honour to propose the following amendments to, and clarifications of the Agreement: 1. The definition in Article 1.1(g) of the Agreement shall be read as follows: "(g) institution – means an institution apart from the competent authority, which is responsible for the application of this Agreement as specified in the administrative arrangements for this Agreement." 2. The definition in Article 1.1(h) of "Italian integration" shall be read so as to include also the differential amount according to Law 335/95 of Italy in addition to that which is already covered in that definition. 3. The benefit referred to as "carer pension" in Article 1.1(m) shall read "carer payment". 4. The benefit referred to as "widowed person allowance" in sub‑paragraph (v) of Article 2.1(a) shall read "bereavement allowance". 5. In the interpretation of Article 8.1 where reference is made to the rate of the benefit being determined under Australian legislation, that rate shall always be read so as not to exceed the rate payable to the relevant person if that person were in Australia and had met the residential requirements for that benefit. If the foregoing proposal is acceptable to the Embassy of Italy, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the reply from the Embassy of Italy to that effect, shall constitute an agreement between the Government of Australia and the Government of the Republic of Italy, which shall enter into force on the same day as the Agreement enters into force. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Italy the assurance of its highest consideration. The Embassy of Italy presents its compliments to the Department of Foreign Affairs and Trade and has the honour to refer to the Department's Note No. LGB 00/838 of 31 May 2000 which reads as follows: "The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Italy and has the honour to refer to the Agreement on Social Security between Australia and the Republic of Italy, done at Rome on 13 September 1993 ("the Agreement") and to recent discussions between the relevant authorities of Australia and the Republic of Italy. The Department notes that since the Agreement was signed there have been changes to the legislation of both Parties which affect the interpretation and implementation of the Agreement. Therefore the Department has the honour to propose the following amendments to and clarifications of the Agreement: 1. The definition in Article 1.1(g) of the agreement shall be read as follows: "(g) institution – means an institution apart from the competent authority which is responsible for the application of this Agreement as specified in the administrative arrangements for this Agreement," 2. The definition in Article 1.1(h) of "Italian integration" shall be read so as to include also the differential amount according to Law 335/95 of Italy in addition to that which is already covered in that definition. 3. The benefit referred to as "carer pension" in Article 1.1(m) shall read "carer payment". 4. The benefit referred to as "widowed person allowance" in sub‑paragraph (v) of Article 2.1(a) shall read "bereavement allowance". 5. In the interpretation of Article 8.1 where reference is made to the rate of the benefit being determined under Australian legislation, that rate shall always be read so as not to exceed the rate payable to the relevant person if that person were in Australia and had met the residential requirements for that benefit. If the foregoing proposal is acceptable to the Embassy of Italy, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the reply from the Embassy of Italy to that effect, shall constitute an agreement between the Government of Australia and the Government of the Republic of Italy, which shall enter into force on the same day as the Agreement enters into force. The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Italy the assurance of its highest consideration." The Embassy of Italy has the honour to confirm that the foregoing is acceptable to the Government of the Republic of Italy and that the Department's Note and this reply shall together constitute an agreement between the Government of the Republic of Italy and the Government of Australia which shall enter into force on the date the Agreement enters into force. The Embassy of Italy avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration. Embassy of Italy Canberra 31 May 2000 Schedule 3—New Zealand Note: See section 5. PART A AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND The Government of Australia, and The Government of New Zealand Referred to in this Agreement as "the Parties" WISHING to strengthen the existing friendly relations between the two countries, and DESIRING to coordinate the operation of their respective social security systems and to enhance the equitable access by people covered by this Agreement to specified social security benefits provided for under the laws of both countries, and WISHING to modify and replace the Agreement providing for matters relating to social security entered into at Canberra on 28 March 2001, as amended on 21 February 2002 HAVE agreed as follows: PART I DEFINITIONS AND SCOPE ARTICLE 1 Definitions 1. In this Agreement unless the context otherwise requires: (a) "Australian resident" has the meaning given to it under Article 5; (b) "benefit", in relation to a Party, means the benefits as listed and defined in Article 2 and, unless otherwise stated, includes any amount, increase or supplement that is payable in addition to that benefit or in respect of a person who is eligible for that amount, increase or supplement under the social security law of that Party; (c) "competent authority", in relation to New Zealand, means the chief executive of the department for the time being responsible for the implementation of the Social Security Act 2016 and in relation to Australia, the Secretary of the Australian Government department responsible for the legislation specified in Article 2(1)(a); (d) "competent institution", in relation to a Party, means the institution or institutions that are responsible for the administration or implementation of the social security law of that Party; (e) "date of severe disablement" means the date a person who applies for a disability support pension or supported living payment was first assessed as meeting the criteria for a disability support pension or supported living payment under this Agreement or, where evidence supports an earlier date, the competent institutions may agree on an earlier date; (f) "legislation" in relation to a Party, means the laws, orders and regulations of that Party specified in Article 2; (g) "living alone", in relation to New Zealand superannuation or veteran's pension, has the meaning given to it under the social security law of New Zealand; and "not living alone" has a corresponding meaning; (h) "month", in relation to New Zealand, means a calendar month, but where fractions of a month are to be aggregated, a month means 30 days; (i) "New Zealand resident" has the meaning given to it under Article 5; (j) "pension age", means the qualifying age for New Zealand superannuation or the qualifying age for the Australian age pension, whichever is the higher age at the relevant time. For the avoidance of doubt, the "pension age" so determined will operate as the qualifying age wherever the "pension age" is referred to in this Agreement, irrespective of whether it is in the Australian or New Zealand context; (k) "permanent resident of Australia" has the meaning given to it under Article 5; (l) "present long term" means when a person is physically present in the territory of either Party and either has been in the territory of that Party for at least 26 weeks, or intends to remain in the territory of that Party for one year or more; (m) "severely disabled" means a person who: (i) has a physical impairment, a psychiatric impairment, an intellectual impairment, or two or all of such impairments, which makes the person, without taking into account any other factor, totally unable: (ii) to work for at least the next 2 years; and (iii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or (iv) is permanently blind; For the avoidance of doubt, a person can be severely disabled even if they are not of working age. (n) "social security law" means, (i) in relation to Australia, the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Social Security (International Agreements) Act 1999; and (ii) in relation to New Zealand the New Zealand Superannuation and Retirement Income Act 2001, the Social Security Act2016 and the Orders in Council and Regulations made under those Acts; (o) "supported living payment" means a New Zealand payment on the grounds of sickness, injury, disability, or total blindness but does not include a payment on the grounds of caring for a person requiring full‑time care; (p) "territory", in relation to New Zealand, means: New Zealand only and not the Cook Islands, Niue or Tokelau; and, in relation to Australia, means: Australia as defined in the social security law of Australia; and references to "New Zealand", "Australia" or the "territory" of either shall be read accordingly; (q) "third country" means a country other than Australia or New Zealand; (r) "third country pension" in relation to New Zealand, means an overseas pension as defined in the social security law of New Zealand and, in relation to Australia, means a comparable foreign payment as defined in the social security law of Australia; (s) "third country residence" has the meaning given to it under Article 5; (t) "working age residence" has the meaning given to it under Article 5; (u) "year" means 12 calendar months; (v) "1994 Agreement" means the Agreement on Social Security between the Government of New Zealand and the Government of Australia done at Wellington on 19 July 1994, as amended on 7 September 1995 and 2 July 1998; (w) "1994 Agreement benefit" means a benefit defined in the 1994 Agreement in Article 2, paragraph 1, subparagraphs (a)(i), (ii), (iii), (iv), (v), (vi) and (vii); and (x) "2001 Agreement" means the Agreement on social security between the Government of Australia and the Government of New Zealand, signed on the twenty‑eighth day of March 2001 as amended by an Exchange of Notes completed on the twenty‑first day of February 2002 (entered into force 1 July 2002). 2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the social security law of either Party. ARTICLE 2 Legislative Scope 1. Except as provided under paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any legislation that subsequently amends, supplements, consolidates or replaces them: (a) in relation to Australia: the Acts forming the social security law in so far as those Acts provide for, apply to or affect the following benefits: (i) age pension; (ii) disability support pension; (iii) carer payment in respect of the partner of a person who is in receipt of a disability support pension; and (b) in relation to New Zealand: the social security law and the Veteran's Support Act 2014 insofar as they provide for, apply to or affect the following benefits: (i) New Zealand superannuation; (ii) veteran's pension; and (iii) supported living payment. 2. For the purposes of this Agreement an Australian disability support pension and a New Zealand supported living payment shall be limited to cases where: (a) the person is severely disabled; (b) the person was a resident of one of the Parties at the date they became severely disabled; and (c) the person, prior to the date of severe disablement, was residing in the territory of the other Party for a period of not less than one year at any time. ARTICLE 3 Personal Scope This Agreement shall apply to any person who: (a) is or has been an Australian resident; or (b) is or has been a New Zealand resident. ARTICLE 4 Equality of Treatment Except as provided for in this Agreement, the persons to whom this Agreement applies shall be treated equally by each of the Parties in regards to rights and obligations that arise under the social security law of that Party or as a result of this Agreement. ARTICLE 5 Residence Definitions 1. "Australian resident" has the meaning given to that term in the social security law of Australia but for the purposes of the Agreement also includes a New Zealand citizen who is not the holder of an Australian permanent visa but is lawfully residing in Australia on a special category visa. In deciding whether a person is residing in Australia, regard must be had to the following factors: (a) the nature of the accommodation used by the person in Australia; (b) the nature and extent of the family relationships the person has in Australia; (c) the nature and extent of the person's employment, business or financial ties with Australia; (d) the nature and extent of the person's assets located in Australia; (e) the frequency and duration of the person's travel outside Australia; and (f) any other matter relevant to determining whether the person intends to remain permanently in Australia; and "residence in Australia" has a corresponding meaning. 2. "New Zealand resident" means, a person who has or had New Zealand as their principal place of residence except where that person was unlawfully resident or present in New Zealand or lawfully resident or present in New Zealand only by virtue of: (a) a visitor's permit; (b) a temporary work permit; or (c) a permit to be in New Zealand for the purposes of study at a New Zealand school or university or other tertiary educational establishment; and "residence in New Zealand" has a corresponding meaning. 3. "permanent resident of Australia" means a person who resides in Australia and is one of the following: (a) an Australian citizen; (b) the holder of a permanent visa; or (c) a protected special category visa holder as defined under the social security law of Australia. 4. "third country residence" means a period of residence when a person was not either an Australian resident or a New Zealand resident. 5. "working age residence" means a period of residence in the territory of a Party from the age of 20 until the qualifying age for age pension in Australia or the qualifying age for New Zealand Superannuation, whichever is relevant, (up to a maximum of 45 years). It does not include any period deemed pursuant to Article 8 or Article 12 to be a period in which a person was an Australian resident or a New Zealand resident. For the purposes of Articles 9, 10 and 13, if a person's period of working age residence would, apart from this point, be a number of whole months, or a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month. PART II PROVISIONS RELATING TO NEW ZEALAND BENEFITS ARTICLE 6 Residence in Australia 1. Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8) except that he or she is not ordinarily resident and resident and present in New Zeal