Paragraph
No provision of this Agreement shall confer any right to receive any payment of a benefit for a period before the date of the entry into force of this Agreement.
Any contribution which a person has paid or earnings or contributions credited under the legislation of the United Kingdom before the date of the entry into force of this Agreement, and any period during which a person was resident in Australia before that date, shall be taken into account for the purpose of determining the right to receive a benefit in accordance with the provisions of this Agreement under the legislation of Australia and under the legislation of the United Kingdom respectively.
Subject to paragraph (4), where, on the date on which this Agreement enters into force, a person:
is in receipt of a benefit under the legislation of either Party by virtue of the former Agreement; or
is qualified to receive a benefit referred to in sub-paragraph (a) and, where a claim for that benefit is required, has claimed that benefit,
no provision of this Agreement shall affect the entitlement to receive that benefit.
The rate of a benefit which is payable by virtue of paragraph (3) shall, subject to this Agreement, be assessed in accordance with the provisions of the legislation of the relevant Party.
Annotations
Textual amendments
- F1
Order revoked with savings (1.3.2001) by The Social Security (Australia) Order 2000 (S.I. 2000/3255), arts. 1, 3 (with art. 2); and continued (with power to modify) (retrospectively) by Pensions Act 2004 (c. 35), ss. 299, 322(2)(c)(iv)