OpenLegislation

Paragraph

(F11)

Where a person is qualified to receive a pension payable to widows under the legislation of Australia otherwise than by virtue of the provisions of this Agreement or the former Agreement, that pension shall be payable and the provisions of this Article shall not apply under that legislation.

(2)

For the purpose of any claim to receive a pension payable to widows under the legislation of Australia, a widow shall be treated as if she had been an Australian resident during any period for which her husband (or her last husband if more than one) had paid contributions or had had earnings or contributions credited to him under the legislation of the United Kingdom.

(3)

For the purpose of applying paragraph (2), any period when the widow was an Australian resident which coincided with a period when her husband (or her last husband if more than one) had paid contributions or had had earnings or contributions credited to him shall be counted only once.

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)