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 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.