(a) has resided in Australia without interruption for a period less than the minimum period of uninterrupted residence required by Australian social security legislation for that person`s entitlement to an Australian benefit; and “or (w) as much of a payment received from the person as it is applied under an agreement between the Commonwealth and a foreign country to reduce the amount of the pension, benefit or allowance that would otherwise have to be paid to the person under this Act;”. (i) he is staying in Australia and was entitled to receive that benefit under Australian social security legislation; If, under this Agreement or otherwise, a person is entitled to a benefit under Italian legislation and includes Italian integration, an Italian social allowance and/or a family allowance for dependent pensioners, any increases paid to that person and/or his partner under Australian social security legislation shall not be considered income for the purposes of the fixing of the Italian Integration Rate, the Italian Social Supplement and/or the family benefit. If a benefit is paid by a Party under this Agreement or in respect of a person, in addition to that benefit or a person entitled to such increase or additional amount under the social security law of that Party. A person established in Australia, Italy or in a third country with which Australia concludes a social security agreement and who is physically present in that third country may, if this Agreement contains provisions on cooperation in the assessment and award of entitlement to benefits, apply for an Australian benefit in that third country; and that person is deemed to be resident in Australia for the purposes of this claim and physically present in Australia on the day the claim is made. 2. The competent authorities of the Parties shall, at the request of a Party, help each other in the implementation of social security agreements concluded by one of the Parties with other countries. For the purposes of the right of an Australian or Italian citizen to unemployment benefits provided for by Italian social security legislation, all periods of employment accumulated by that person in Australia, with the exception of periods of self-employment, shall be supplemented by periods of contributions imputed in Italy for that person if those latter periods are one year or more. (a) the amount of the theoretical benefit to which the person concerned would be entitled shall be fixed as if the duration of the contributions charged in Italy and the duration of the Australian stay during working life were cumulated, in accordance with Article 7 (1) (d), and until the date from which the benefit is to be paid; that person had accumulated under Italian social security legislation; and 2. Documents relating to legal remedies which may be lodged with administrative bodies established by the social security legislation of one Contracting Party or for social security purposes may be lodged in the territory of the other Party in accordance with the administrative arrangements concluded pursuant to Article 19, and all documents so duly filed shall be deemed to be in due form for the purposes of the other Party. . . .
(Last Updated On: October 8, 2021)