Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SCHEDULE 8

                            SCHEDULE 8                     Section 155

NEW INTERNATIONAL AGREEMENT
                           SCHEDULE 12                    Section 1208

AGREEMENT
ON SOCIAL SECURITY
BETWEEN
AUSTRALIA
AND
THE REPUBLIC OF CYPRUS Australia and the Republic of Cyprus, Wishing to
strengthen the existing friendly relations between the two countries, and
Resolved to coordinate their social security systems; Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
Definitions 1. In this Agreement, unless the context otherwise requires:

   (a)  "benefit" means in relation to a Party, a benefit, pension or
        allowance for which provision is made in the legislation of that
        Party, and includes any additional amount, increase or supplement that
        is payable in addition to that benefit, pension or allowance to or in
        respect of a person who qualifies for that additional amount, increase
        or supplement under the legislation of that Party;

   (b)  "carer pension" means a carer pension payable to the partner of a
        person who is in receipt of a disability support pension for the
        severely disabled or an age pension where that partner is legally
        married to that person;

   (c)  "Competent Authority" means; in relation to Australia: the Secretary
        to the Department of Social Security; and, in relation to Cyprus: the
        Minister of Labour and Social Insurance;

   (d)  "Competent Institution" means; in relation to Australia: the
        Department of Social Security; and, in relation to Cyprus: the
        Department of Social Insurance Services, Ministry of Labour and Social
        Insurance;

   (e)  "legislation" means the laws specified in Article 2;

   (f)  "period of Australian working life residence", in relation to a
        person, means a period defined as such in the legislation of
        Australia;

   (g)  "period of insurance" means a period for which contributions have been
        paid or credited or a period of paid or credited insurable earnings
        under the legislation of Cyprus;

   (h)  "territory" means; in relation to Australia: Australia as defined in
        the legislation of Australia; and in relation to Cyprus: the island of
        Cyprus;

        (i)    "welfare benefit" means, in relation to Cyprus, any benefit
               payable under the Public Assistance Law of 1991 and any law to
               provide a similar means tested benefit from public funds that
               subsequently amends, supplements or replaces it and any rent
               allowance payable out of the Fund established under the Rent
               Control Laws of 1983 and 1991 and any law to provide a similar
               means-tested rent allowance from public funds that subsequently
               amends, supplements or replaces them; and

   (j)  "widow" means, in relation to Australia, a de jure widow but does not
        include a woman who has a partner. 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 legislation of either Party or, in the event of
        a conflict of meaning, by whichever of those laws is the more
        applicable to the circumstances of that person.
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 for the severely disabled;

        (iii)  pensions payable to widows;

        (iv)   widowed person allowance; and

        (v)    carer pension; and

   (b)  in relation to Cyprus: the Social Insurance Laws of 1980 to 1990 in so
        far as the Laws provide for, apply to or affect social insurance
        benefits for:

        (i)    age;

        (ii)   invalidity and work-related disablement;

        (iii)  survivorship; and

        (iv)   funerals. 2. Notwithstanding the provisions of paragraph 1,
               neither the legislation of Australia nor the legislation of
               Cyprus shall include any laws made at any time for the purpose
               of giving effect to any agreement on Social Security. 3. This
               Agreement shall apply to laws which extend the legislation of
               either Party to new categories of beneficiaries only if the two
               Parties so agree in a Protocol to this Agreement.
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 subject to the legislation of Cyprus, and, where
        applicable, to other persons in regard to the rights they derive from
        the person described above.
ARTICLE 4
Equality of treatment Subject to this Agreement, all persons to whom this
Agreement applies shall be treated equally by a Party in regard to rights and
obligations which arise whether directly under the legislation of that Party
or by virtue of this Agreement.
ARTICLE 5
Application of the legislation of Cyprus 1. Subject to the following
paragraphs, where a person to whom this Agreement applies is gainfully
occupied in the territory of Cyprus the person's liability to be insured under
the legislation of Cyprus shall be determined under that legislation, even if
the person's place of residence and/or the employer's place of business is in
Australia. 2. Where a person insured under the legislation of Cyprus is sent
by an employer to work temporarily in Australia the person shall continue to
be subject to the legislation of Cyprus during the first 24 months of
employment in Australia. 3. A person who is employed as a member of the crew
of a seagoing ship flying the Cyprus flag shall be subject to the legislation
of Cyprus if the person is ordinarily resident in Cyprus. 4. Subject to the
provisions of paragraph 5, a person employed by the Government or other public
corporation of Cyprus sent by that Government or corporation to work in
Australia shall continue to be subject to the legislation of Cyprus as if
employed in Cyprus. A person employed by the Government or other public
corporation of Australia in Cyprus shall be subject to the legislation of
Cyprus if ordinarily a resident of Cyprus. 5. This Article does not apply to
any person who falls within the scope of the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations. 6. The Competent
Authorities of the two Parties may provide, by agreement with one another,
exceptions to the provisions of this Article where this is in the interest of
persons affected thereby. 7. Where in accordance with the provisions of this
Article a person is insured under the legislation of Cyprus while gainfully
occupied in Australia, that legislation shall apply to that person as if he or
she were gainfully occupied in Cyprus.
PART II
PROVISIONS RELATING TO BENEFITS
AUSTRALIAN BENEFITS
ARTICLE 6
Residence of presence in Cyprus or a Third State 1. Where a person would be
qualified under the legislation of Australia or by virtue of this Agreement
for a benefit 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 Cyprus or a
        third State with which Australia has concluded an agreement on social
        security that includes provision for co-operation in the assessment
        and determination of claims for benefits; and

   (b)  is in Australia, or the territory of Cyprus or that third State, that
        person shall be deemed, for the purposes of lodging that claim, to be
        an Australian resident and in Australia on that date. 2. Paragraph 1
        shall not apply to a claimant for a carer pension who has never been
        an Australian resident.
ARTICLE 7
Partner related Australian benefits A person who receives from Australia any
Australian pension, benefit or allowance under the social security laws of
Australia due to the fact that the partner of that person receives, by virtue
of this Agreement, an Australian benefit, shall be deemed to be receiving that
pension, benefit or allowance by virtue of this Agreement but shall cease to
qualify for that pension, benefit or allowance, if he or she is not physically
present in Australia but, when that person is receiving a carer pension, he or
she shall not cease to qualify for that pension while he or she is physically
present in Cyprus.
ARTICLE 8
Totalisation for Australia 1. Where a person to whom this Agreement applies
has claimed an Australian benefit under this Agreement and 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 period identified in accordance with paragraph 5 for that person;
        and

   (c)  a period of insurance; then for the purposes of a claim for that
        Australian benefit, that period of insurance shall be deemed, only for
        the purposes of meeting any minimum qualifying periods for that
        benefit set out in the legislation of Australia, to be a period in
        which that person was an Australian resident. 2. For the purposes of
        paragraph 1, where a person:

   (a)  has been an Australian resident for a continuous period which is less
        than the minimum continuous period required by the legislation of
        Australia for entitlement of that person to a benefit; and

   (b)  has accumulated a period of insurance in two or more separate periods
        that equals or exceeds in total the period referred to in subparagraph
        (a), the total of the periods of insurance shall be deemed to be one
        continuous period. 3. For the purposes of converting a person's period
        of insurance to a period when that person was an Australian resident:

   (a)  each week of insurance completed before 6 October 1980 under the
        legislation of Cyprus shall be treated as a week when that person was
        an Australian resident under the legislation of Australia; and

   (b)  the insurable earnings for any period of insurance completed from 6
        October 1980 under the legislation of Cyprus shall be divided by the
        weekly amount of the basic insurable earnings applicable in the
        relevant contribution year. The figure so calculated, subject to the
        maximum number of weeks during which the person was subject to that
        legislation in that year, shall be treated as representing the number
        of weeks in the insurance period. Each week shall be treated as
        equivalent to one week when that person was an Australian resident. 4.
        For all purposes of this Article, where a period by a person as an
        Australian resident and a period of insurance coincide, the period of
        coincidence shall be taken into account once only by Australia as a
        period as an Australian resident. 5. The minimum period of Australian
        working life residence to be taken into account for the purposes of
        paragraph 1 shall be as follows:

   (a)  for the purposes of an Australian benefit that is payable to a person
        who is not an Australian resident, the minimum period required shall
        be 12 months, of which at least six months must be continuous; and

   (b)  for the purposes of an Australian benefit that is payable to an
        Australian resident no minimum period shall be required.
ARTICLE 9
Calculation of Australian benefits 1. Subject to paragraph 2, where an
Australian benefit is payable, whether by virtue of 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, only a proportion of any Cyprus social insurance
benefit received by that person shall be regarded as income. That proportion
shall be calculated by multiplying the number of whole months accumulated by
that person in a period of residence in Australia (not exceeding 300) by the
amount of that Cyprus social insurance benefit and dividing that product by
300. 2. Only a person receiving a proportionalised Australian benefit under
the legislation of Australia shall be entitled to receive the concessional
assessment of income described in paragraph 1. 3. Where an Australian benefit
is payable, whether payable by virtue of this Agreement or otherwise, to a
person who is a resident of Cyprus, Australia shall disregard, when assessing
the income of that person, any welfare benefit paid to that person by Cyprus.
4. Subject to the provisions of paragraph 5, where an Australian benefit is
payable only by virtue of this Agreement to a person who is 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 the Cyprus benefit
        received by that person;

   (b)  deducting the amount of the Cyprus benefit received by that person
        from the maximum rate of that Australian benefit; and

   (c)  applying to the remaining benefit obtained under subparagraph (b) the
        relevant rate calculation set out in the legislation of Australia,
        using as the person's income the amount calculated under subparagraph
        (a). 5. Where a member of a couple is, or both that member and his or
        her partner are, in receipt of a Cyprus benefit or benefits, each of
        them shall be deemed, for the purpose of paragraph 4 and for the
        legislation of Australia, to be in receipt of one half of either the
        amount of that benefit or total of both of those benefits, as the case
        may be. 6. If a person would receive an Australian benefit except for
        the operation of paragraph 4 or except for that person's failure to
        claim the benefit, then for the purposes of a claim by that person's
        partner for a payment under the legislation of Australia that person
        shall be deemed to receive that benefit. 7. The reference in paragraph
        6 to a payment under the legislation of Australia to the partner of a
        person is a reference to a payment of any pension, benefit or
        allowance payable under the social security laws of Australia and
        whether payable by virtue of this Agreement or otherwise.
PART III
PROVISIONS RELATING TO CYPRUS BENEFITS
ARTICLE 10
Totalisation for Cyprus 1. Subject to paragraph 4, if a person is not entitled
to benefit on the basis of insurance periods completed under the legislation
of Cyprus alone entitlement for that benefit shall be determined by totalising
these periods with periods of Australian working life residence to the extent
necessary for entitlement to benefit. 2. In applying the provisions of
paragraph 1, no account shall be taken of any period of working life residence
in Australia completed prior to 7 January 1957. 3. For the purposes of this
Article where a period of insurance and a period of Australian working life
residence coincide, the period of coincidence shall be taken into account once
only as a period of insurance. 4. Paragraph 1 shall not apply if the period of
insurance is less than 52 weeks, except where the required period of insurance
for entitlement to a benefit under the legislation of Cyprus is less than 52
weeks. 5. For the purpose of converting a period of Australian working life
residence into a period of insurance under the legislation of Cyprus, a person
shall be treated for each week of working life residence in Australia as
having insurable earnings under the legislation of Cyprus equal to the weekly
amount of basic insurable earnings.
ARTICLE 11
Calculation of Cyprus benefits 1. Subject to paragraph 2, the amount of
benefit payable under the provisions of Article 10 shall be determined as
follows:

   (a)  the Competent Institution of Cyprus shall calculate the theoretical
        basic benefit that would be payable if the periods of insurance
        completed under the legislation of Cyprus and the periods of
        Australian working life residence, totalised as provided in paragraph
        1 of Article 10, had been periods of insurance under the legislation
        of Cyprus alone;

   (b)  it shall then prorate the theoretical basic benefit so calculated by
        the fraction which represents the ratio of the insurance periods
        completed under the legislation of Cyprus in relation to the total of
        the insurance periods completed under that legislation and the periods
        of Australian working life residence which are taken into account; and

   (c)  the amount of the supplementary benefit shall be determined
        exclusively on the basis of periods of insurance completed under the
        legislation of Cyprus. 2. The amount of the funeral benefit payable
        under the legislation of Cyprus shall be calculated as if the periods
        of residence, which are taken into account as provided in paragraph 1
        of Article 10, were periods of insurance under the legislation of
        Cyprus alone.
ARTICLE 12
Work-related disablement 1. Subject to paragraph 2, pensions for work-related
disablement under the legislation of Cyprus shal be paid by virtue of this
agreement in respect of disablement which occurs while a person is insured
under that legislation and employed in an occupation which is valid for the
purposes of that legislation. 2. The rate of a pension for work-related
disablement paid by virtue of this Agreement shall be calculated as if the
impairment which qualified a person for a benefit under the legislation of
Australia had occurred under the legislation of Cyprus.
PART IV
MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS
ARTICLE 13
Lodgement of documents 1. A claim, notice or appeal concerning a benefit,
whether payable by a Party by virtue of this Agreement or otherwise, may be
lodged in the territory of the other Party in accordance with the
Administrative Arrangement made pursuant to Article 17 at any time after the
Agreement enters into force. 2. For the purposes of assessing entitlement to a
benefit, the date on which a claim, notice or appeal referred to in paragraph
1 is lodged with the Competent Institution of a Party shall be treated as the
date of lodgement of that document with the Competent Institution of the
other. 3. 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 14
Determination of claims 1. In determining the eligibility or entitlement of a
person to a benefit by virtue of this Agreement:

   (a)  a period as an Australian resident and a period of insurance; and

   (b)  any event or fact which is relevant to that entitlement, shall,
        subject to this Agreement, be taken into account in so far as those
        periods, events or facts are applicable in regard to that person no
        matter when they were accumulated or occurred. 2. The commencement
        date for payment of a benefit payable by virtue of this Agreement
        shall be determined in accordance with the legislation of the Party
        concerned but shall never be earlier than the date on which this
        Agreement enters into force and a funeral grant under the legislation
        of Cyprus shall not be made if the relevant death occurred before this
        Agreement enters into force. 3. Where:

   (a)  a benefit payable by virtue of this Agreement by one of the Parties is
        claimed or is being paid; 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 from the other Party and that, if paid, would affect the
        amount of the first mentioned benefit, that first mentioned benefit
        shall not be paid or continue to be paid until a claim is duly lodged
        for payment of the benefit from the other Party or if the claim for
        the other Party's benefit is not actively pursued. 4. Where:

   (a)  a benefit is paid or payable by a Party to a person in respect of a
        past period; and

   (b)  for all or part of that period, the other Party has paid to that
        person a benefit under its legislation; and

   (c)  the amount of the benefit paid by that other Party would have been
        reduced had the benefit paid or payable by the first Party been paid
        during that period; then

   (d)  the amount that would not have been paid by the other Party had the
        benefit described in subparagraph (a) been paid on a periodical basis
        throughout that past period, shall be a debt due by that person to the
        other Party; and

   (e)  the other Party may determine that the amount or any part of that debt
        may be deducted from future payments of a benefit payable by that
        Party to that person. 5. Where the first Party has not yet paid the
        benefit described in subparagraph 4(a) to the person:

   (a)  that Party shall, at the request of the other Party, pay the amount of
        the benefit necessary to meet the debt described in subparagraph 4(d)
        to the other Party and shall pay any excess to the person; and

   (b)  any shortfall may be recovered by the other Party under subparagraph
        4(e). 6. The Competent Institution receiving a request under paragraph
        5 shall transfer the amount of the debt to the Competent Institution
        making the request. 7. A reference in paragraphs 3, 4 and 5 to a
        benefit, in relation to Australia, means a pension, benefit or
        allowance payable under the social security laws of Australia and, in
        relation to Cyprus, means any pension, benefit or allowance payable
        under the social insurance laws of Cyprus.
ARTICLE 15
Payment of benefits 1. Benefits of one Party, when payable by virtue of this
Agreement, 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 by virtue of this
Agreement, is also payable outside the territories of both Parties. 3. Subject
to Article 7, 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 when that
benefit is payable by virtue of this Agreement. 4. If a Party imposes legal or
administrative restrictions on the transfer of its currency abroad, both
Parties shall adopt measures as soon as practicable to guarantee the rights to
payment of benefits derived under this Agreement. Those measures shall operate
retrospectively to the time the restrictions were imposed. 5. A benefit
payable by a Party by virtue of this Agreement shall be paid by that Party
without deduction for government administrative fees and charges for
processing and paying that benefit whether the beneficiary is in the territory
of the other Party or outside the respective territories of both Parties. 6.
Any exemption granted in the territory of one of the Parties from stamp duty,
notarial or registration fees in respect of certificates and documents
required to be submitted to the Competent Authorities and Competent
Institutions in the same territory shall also apply to certificates and
documents which, for the purposes of this Agreement, have to be submitted to
the Competent Authorities and Competent Institutions in the territory of the
other Party. Documents and certificates required to be produced for the
purpose of this Agreement shall be exempt from authentication by diplomatic
and consular authorities.
ARTICLE 16
Exchange of information and mutual assistance 1. The Competent Authorities and
Competent Institutions responsible for the application of this Agreement:

   (a)  shall communicate to each other any information necessary for the
        application of this Agreement;

   (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 these
        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 States, to the extent and in the
        circumstances specified in the Administrative Arrangement made in
        accordance with Article 17. 2. The assistance referred to in paragraph
        1 shall be provided free of charge, subject to any Administrative
        Arrangement made pursuant to Article 17. 3. Unless disclosure is
        required under the laws of a Party, any information about an
        individual which is transmitted in accordance with this Agreement to a
        Competent Authority or an Institution of that Party by a Competent
        Authority or an Institution of the other Party is confidential and
        shall be used only for purposes of implementing this Agreement and the
        social security laws of either Party. 4. In no case shall the
        provisions of paragraphs 1 and 3 be construed so as to impose on the
        Competent Authority or 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 of the other Party.
        5. In the application of this Agreement, the Competent Authority and
        the Institutions of a Party may communicate with the Competent
        Authority and the Institutions of the other Party in the official
        language of the first Party.
ARTICLE 17
Administrative Arrangement The Competent Authorities of the Parties shall make
whatever Administrative Arrangement is necessary in order to implement this
Agreement.
ARTICLE 18
Resolution of difficulties 1. The Competent Authorities of the Parties shall
resolve, to the extent possible, any difficulties which arise in interpreting
or applying this Agreement according to its spirit and fundamental principles.
2. The Parties shall consult promptly at the request of either concerning
matters which have not been resolved by the Competent Authorities in
accordance with paragraph 1.
ARTICLE 19
Review of Agreement Where a Party requests the other to meet to review this
Agreement, the Parties shall meet for that purpose no later than 6 months
after that request was made and, unless the Parties otherwise agree, their
meeting shall be held in the territory of the Party to which that request was
made.
PART V
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 20
Entry into force and termination 1. This Agreement shall enter into force on
the first day of the second month after an exchange of notes by the Parties
through the diplomatic channel notifying each other that all constitutional or
legislative matters as are necessary to give effect to this Agreement have
been finalised. 2. Subject to paragraph 3, this Agreement shall remain in
force until the expiration of 12 months from the date on which either Party
receives from the other a note through the diplomatic channel indicating the
intention of the other Party to terminate this Agreement. 3. In the event that
this Agreement is terminated in accordance with paragraph 2, 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, being
        duly authorised thereto by their respective Governments, have signed
        this Agreement. DONE in two copies at Nicosia this twelfth day of May
        1992, in the English and Greek languages.
FOR AUSTRALIA:                            (FOR THE REPUBLIC OF CYPRUS:

DAVID SIMMONS                                           (I. ARISTIDOU

NOTES ABOUT SECTION HEADINGS IN THE SOCIAL SECURITY ACT 1991 1. On the day on
which section 833 of the Principal Act is amended by Schedule 2 to this Act,
the heading to that section is altered by omitting "18" and substituting "16".
2. On 1 January 1993, immediately after the commencement of the
Social Security (Family Payment) Amendment Act 1992, the heading to section
1199 of the Principal Act is altered by omitting "FAS" and substituting "MBR".
NOTE ABOUT POINT HEADING 1. On 1 January 1993, immediately after the
commencement of the Social Security (Family Payment) Amendment Act 1992, the
following heading to point 1069-I6 in the Family Payment Rate Calculator in
section 1069 of the Social Security Act 1991 is inserted:

"Special maintenance income not disregarded if child support application not
in force".