SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999

SCHEDULE 2 - ITALY  

Note: See section 5.

PART A AGREEMENT ON SOCIAL SECURITY BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY  

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.