Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1991 No. 69, 1991 - SCHEDULE

                            SCHEDULE                 Sections 21 and 27

PART ADDED TO SCHEDULE 4 TO THE SOCIAL SECURITY ACT 1947 AND
TO SCHEDULE 5 TO THE SOCIAL SECURITY ACT 1991
PART B
PROTOCOL AMENDING THE RECIPROCAL AGREEMENT ON SOCIAL SECURITY
BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF
CANADA SIGNED AT CANBERRA ON THE 4TH DAY OF JULY 1988. The Government of
Australia and the Government of Canada 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 carer'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 11 day of October 1990, in the English and French
languages, each text being equally authoritive.
J. HUMPHREYS                           PERRIN BEATTY

FOR THE GOVERNMENT                     FOR THE GOVERNMENT

OF AUSTRALIA                           OF CANADA