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Protocol amending the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia signed at Canberra on the 4th day of July 1988 [1992] CATSer 2 (1 January 1992)

E102191- CTS 1972 No. 17

PROTOCOL AMENDING THE RECIPROCAL AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF AUSTRALIA SIGNED AT CANBERRA ON THE 4TH DAY OF JULY 1988.

The Government of Canada and the Government of Australia

Desiring to amend the Reciprocal Agreement on Social Security signed by them at Canberra on the 4th day of July 1988 (in this Protocol referred to as "the Agreement")

Have agreed as follows:

ARTICLE 1

Article 1 of the Agreement is amended by omitting from paragraph 1 the definition of "widow" and substituting the following definition of "widowed person":

"widowed person means, in relation to Australia, a person who:

(i) stops being a married person or becomes a single person because of the death of the person's spouse; or

(ii) is a class B widow because of the death of her legal husband or because she is a dependent female,

but does not include a person who has a new spouse."

ARTICLE 2

Article 2 of the Agreement is amended by omitting from subparagraph 1 (a) (v) the word "widows" and substituting the words "widowed persons".

ARTICLE 3

Article 6 of the Agreement is amended by:

(a) omitting from paragraphs 2 and 3 the word "widow" where appearing and substituting the words "widowed person";

(b) omitting from paragraph 3 the word "her" where first appearing and substituting the words "the person's";

(c) omitting from paragraph 3 the word "her" where second appearing and substituting the word "the"; and

(d) omitting paragraph 6 and substituting the following paragraph:

"6. The minimum period to be taken into account for the purposes of subparagraph 1(b) shall be as follows:

(a) for a person who is residing outside Australia;

(i) in regard to a benefit other than an invalid pension, a minimum period of residence in Australia of one year of which at least 6 months must be continuous; and

(ii) in regard to an invalid pension, a minimum period of residence in Australia of 2 years of which at least 6 months must be continuous; and

(b) for an Australian resident;

(i) in regard to a benefit other than an invalid pension, a minimum period as an Australian resident of one year of which at least 6 months must be continuous; and

(ii) in regard to an invalid pension, a minimum period as an Australian resident of 2 years of which at least 6 months must be continuous."

ARTICLE 4

Article 9 of the Agreement is deleted and the following Article is substituted:

"ARTICLE 9

Pensions Payable to Widowed Persons

Where, under the legislation of Australia, a person lodges a claim for a pension payable to a widowed person, matters which concern that person's former spouse and affect that claim shall be considered for the purposes of that claim by reference only to the last-deceased spouse of that person."

ARTICLE 5

Article 15 of the Agreement is amended by:

(a) omitting paragraph 2;

(b) renumbering paragraph 3 as paragraph 4; and

(c) inserting the following new paragraphs 2 and 3:

"2. The benefits payable by virtue of this Agreement and listed in this paragraph shall be payable within and outside Australia and Canada:

(a) for Australia:

(i) age pension;

(ii) invalid pension;

(iii) wive's pension;

(iv) a pension payable to a widowed person who became a widowed person while both the person and the spouse were Australian residents;

(v) Class "B" widow's pension; and

(b) for Canada:

subject to subparagraph 3(c) of Article 11, the benefits referred to in the legislation of Canada.

3. A pension payable to a widowed person or a career's pension, whether payable by virtue of this Agreement or otherwise, shall be paid in Australia and Canada with no limitation by time."

ARTICLE 6

This Protocol, which shall form an integral part of the Agreement, shall enter into force on a date specified in notes exchanged by the Parties through the diplomatic channel notifying each other that all matters as are necessary to give effect to this Protocol have been finalized and, thereupon, this Protocol shall have effect as from the date on which the Agreement entered into force.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

DONE in two copies at Ottawa, this 11th day of October 1990, in the English and French languages, each text being equally authoritative.

Perrin Beatty

FOR THE GOVERNMENT OF CANADA

Charles Humphreys

FOR THE GOVERNMENT OF AUSTRALIA