Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1995 No. 1, 1996 - SCHEDULE 8

                          SCHEDULE 8                Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO THE
AGREEMENT SET OUT IN SCHEDULE 4 TO THE ACT
PART 1-AMENDMENTS TAKEN TO HAVE COMMENCED ON 1 JANUARY 1995 1. Subsection
1208(2): Omit "the agreement", substitute "the provision". 2. Schedule 4:
Under "SCHEDULE 4" insert "PART A". 3. Schedule 4: Add at the end:

"PART B
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND WISHING to amend
and supplement the Agreement on Social Security between the two States signed
at Wellington on the nineteenth day of July 1994, have agreed as follows:
Article I 1. In this Protocol "Agreement" means the Agreement between the
Government of New Zealand and the Government of Australia on Social Security
signed on the nineteenth day of July 1994 at Wellington. 2. In the application
of this Protocol (the first Protocol to the Agreement) any term defined in the
Agreement shall, unless the context otherwise requires, have the same meaning.
3. In the application of this Protocol any term not defined in the Agreement
or this Protocol shall, unless the context otherwise requires, have the
meaning assigned to it by the legislation of either Party.
Article II Subparagraph (j) of paragraph 1 of Article 1 of the Agreement shall
be deleted and substituted by the following:

"(j) "period of New Zealand working life residence" means, in relation to New
Zealand, a period of ordinary residence in New Zealand between the ages of 16
and 65, but includes any period during which the person to whom it relates
relied on Article 4(2)(b) of the Agreement between the Government of Australia
and the Government of New Zealand providing for reciprocity in matters
relating to Social Security signed at Canberra on 31 October 1988 or relies on
Article 7(2)(b)(ii) or (iii) of the Agreement to be eligible for a New Zealand
benefit."
Article III Subparagraph (a) of paragraph 1 of Article 2 of the Agreement
shall be deleted and substituted by the following:

"(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)  widow B pension;

        (iv)   sole parent pension;

        (v)    wife pension;

        (vi)   partner allowance payable to the female partner of a person in
               receipt of an age pension or a disability support pension
               (referred to in this Agreement as partner allowance);

        (vii)  parenting allowance payable to the female partner of a person
               in receipt of an age pension or a disability support pension
               (referred to in this Agreement as parenting allowance); and

        (viii) additional family payment payable to persons in receipt of the
               above benefits; and"
Article IV In order to clarify the original intentions of the Parties when
first drafting Article 3 of the Agreement, paragraph 1 of Article 3 of the
Agreement shall be deleted and substituted by the following:

"1. This Agreement shall apply to any person who:

   (a)  is or has been an Australian resident; or

   (b)  is or has been ordinarily resident in the territory of New Zealand;
        and to any other person who derives rights to a benefit from a person
        who is eligible for a benefit under this Agreement."
Article V Subparagraph (b) of paragraph 1 of Article 12 of the Agreement shall
be deleted and substituted by the following:

"(b) by multiplying the nominal benefit rate (as calculated below) by the
smaller of:

        (i)    the result obtained under subparagraph (a); or

        (ii)   one."
Article VI Paragraph 3 of Article 14 of the Agreement shall be deleted and
substituted by the following:

"3. Subject to paragraph 4, the amount determined in paragraph 1 shall be
payable in equal quarterly instalments by the competent institution of a Party
to the competent institution of the other Party on 1 July, 1 October, 1
January and 1 April or, if those dates are not banking days, on the first
banking day thereafter."
Article VII Paragraph 4 of Article 15 of the Agreement shall be deleted and
substituted by the following:

"4. For the purposes of this Article only, benefits for the unemployed means,
in relation to Australia:

        (i)    job search allowance; and

        (ii)   newstart allowance; and in relation to New Zealand:

        (i)    unemployment benefit;

        (ii)   job search allowance;

        (iii)  training benefit; and

        (iv)   independent youth allowance."
Article VIII Upon an exchange of notes by the Parties through the diplomatic
channel notifying each other that all matters as are necessary to give effect
to this Protocol have been finalised, this Protocol shall be deemed to have
entered into force on 1 January 1995, except for Article III which shall be
deemed to have entered into force on 1 July 1995. IN WITNESS WHEREOF, the
undersigned, being duly authorized thereto by their respective Governments,
have signed this Protocol. DONE in duplicate at Sydney this seventh day of
September 1995. FOR THE GOVERNMENT AUSTRALIA: FOR THE GOVERNMENT OF
PETER BALDWIN                     OF NEW ZEALAND:

GRAHAM FORTUNE".
PART 2-AMENDMENT COMMENCING ON ROYAL ASSENT 4. Schedule 4: Add at the end:

"PART C
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND WISHING to amend
and supplement the Agreement on Social Security between the two States signed
at Wellington on the nineteenth day of July 1994, have agreed as follows:
Article I 1. In this Protocol "Agreement" means the Agreement between the
Government of New Zealand and the Government of Australia on Social Security
signed on the nineteenth day of July 1994 at Wellington as amended by the
first Protocol signed on the seventh day of September 1995 at Sydney. 2. In
the application of this Protocol (the second Protocol to the Agreement) any
term defined in the Agreement shall, unless the context otherwise requires,
have the same meaning. 3. In the application of this Protocol any term not
defined in the Agreement or this Protocol shall, unless the context otherwise
requires, have the meaning assigned to it by the legislation of either Party.
Article II 1. The heading to Article 7 of the Agreement shall be amended to
read "Eligibility for New Zealand Benefits". 2. Paragraphs 4 and 5 of Article
7 of the Agreement shall be deleted and the remaining paragraph shall be
renumbered as paragraph 4.
Article III 1. The heading to Article 8 of the Agreement shall be amended to
read "Eligibility for Australian Benefits". 2. Paragraphs 4 and 5 of Article 8
of the Agreement shall be deleted and the remaining paragraphs shall be
renumbered as paragraphs 4, 5 and 6.
Article IV A new Article shall be inserted after Article 8 of the Agreement,
to read as follows:

"Article 8A Portability of Benefits New Zealand benefits 1. Except as provided
in paragraphs 2 and 3, the temporary absence provisions under the legislation
of New Zealand shall apply to a person who is receiving a New Zealand benefit
under this Agreement. 2. A person who is in receipt of New Zealand
Superannuation and who is present in Australia but not an Australian resident,
shall be eligible to continue to receive that benefit for up to 26 weeks:

   (a)  where that person is temporarily absent from New Zealand for up to 26
        weeks; or

   (b)  where that person is temporarily absent from New Zealand for over 26
        weeks and in the opinion of the New Zealand Competent Authority that
        person has sufficient reason for remaining outside New Zealand for
        more than 26 weeks. 3. A person who is in receipt of an invalid's
        benefit, a widow's benefit or a domestic purposes benefit and who is
        present in Australia but not an Australian resident, shall be eligible
        to continue to receive that benefit for up to 4 weeks during a
        temporary absence from New Zealand. Australian benefits in New Zealand
        4. A person who, by virtue of this Agreement or otherwise, is in
        receipt of an age pension and who is present but not ordinarily
        resident in New Zealand, shall be eligible to continue to receive that
        benefit for up to 26 weeks during a temporary absence from Australia.
        5. A person who, by virtue of this Agreement or otherwise, is in
        receipt of a disability support pension, a wife pension, a widow B
        pension or a sole parent pension and who is present but not ordinarily
        resident in New Zealand, shall be eligible to continue to receive that
        benefit for up to 4 weeks during a temporary absence from Australia.
        6. A person who, by virtue of this Agreement or otherwise, is in
        receipt of a partner or parenting allowance and who is present but not
        ordinarily resident in New Zealand, shall be eligible to continue to
        receive that benefit during a temporary absence from Australia for the
        period allowed under the legislation of Australia, except where the
        partner of that person is in receipt of a disability support pension
        in which case the person shall be eligible to receive his or her
        benefit for up to 4 weeks during a temporary absence from Australia.
        Australian benefits in a Third Country 7. A person who, by virtue of
        this Agreement, is in receipt of an age pension and who is not present
        or ordinarily resident in New Zealand shall be eligible to continue to
        receive that benefit for up to 26 weeks during a temporary absence
        from Australia. 8. A person who, by virtue of this Agreement, is in
        receipt of a disability support pension, a wife pension, a widow B
        pension, or a sole parent pension who is not present or ordinarily
        resident in New Zealand shall be eligible to continue to receive that
        benefit for up to 4 weeks during a temporary absence from Australia.
        9. A person who, by virtue of this Agreement, is in receipt of a
        partner or parenting allowance who is not present or ordinarily
        resident in New Zealand shall be eligible to continue to receive that
        benefit during a temporary absence from Australia for the period
        allowed under the legislation of Australia, except where the partner
        of that person is in receipt of a disability support pension in which
        case the person shall be eligible to receive his or her benefit for up
        to 4 weeks during a temporary absence from Australia. Dual Payments
10.   A person who is in New Zealand shall not be eligible for any
pension, benefit or allowance paid under the social security laws of Australia
where that person would otherwise be eligible for a New Zealand benefit under
this Agreement or any payment (other than an emergency benefit, a special
benefit or a benefit payable in respect of specified costs) under the social
security laws of New Zealand.
11.   A person who is in Australia shall not be eligible for any
payment made under the social security laws of New Zealand where that person
is eligible for an Australian benefit under this Agreement or any payment made
under the social security laws of Australia."
Article V 1. Subparagraph (e) of paragraph 1 of Article 11 of the Agreement
shall be deleted and substituted by the following:

"(e) is an Australian resident or is in receipt of a benefit by virtue of
Article 8 or Article 8A; and" 2. Subparagraph (e) of paragraph 2 of Article 11
of the Agreement shall be deleted and substituted by the following:

"(e) is ordinarily resident in New Zealand or is in receipt of a benefit by
virtue of Article 7 or Article 8A; and" 3. Paragraph 5 of Article 11 of the
Agreement shall be deleted and substituted by the following:

"5. Neither Party shall be required to reimburse the other Party for a benefit
paid to a person who is outside the territory of the Party paying the benefit
except:

   (a)  during a period of absence as provided in Article 8A; and

   (b)  in the case of a benefit which is not paid by virtue of this Agreement
        and is not paid into the territory of either Party, for a period up
        to:

        (i)    26 weeks for age pension and New Zealand superannuation;

        (ii)   13 weeks for partner and parenting allowance payable to the
               partner of a person in receipt of an age pension; and

        (iii)  4 weeks for all other benefits."
Article VI This Protocol shall enter into force on the first day of the month
following the month in which notes are exchanged by the Parties through the
diplomatic channel notifying each other that all matters as are necessary to
give effect to this Protocol have been finalised. IN WITNESS WHEREOF, the
undersigned, being duly authorized thereto by their respective Governments,
have signed this Protocol. DONE in duplicate at Sydney this seventh day of
September 1995.
FOR THE GOVERNMENT AUSTRALIA:    FOR THE GOVERNMENT OF

OF NEW ZEALAND:
PETER BALDWIN                         GRAHAM FORTUNE".