10.31.8.40 Inside Australia Rate - Agreement with Latvia
Inside Australia rate
The rate of pension payable under the Agreement to people who are inside Australia is calculated according to 10.1.9.60.
People paid the inside Australia rate under Article 12(3) have their Latvian benefit directly deducted from the maximum rate of Australian Age for as long as they reside in Australia and rely on the Agreement. After they have accrued 10 years of Australian residence, and no longer need to totalise under the Agreement, their Latvian pension will be treated as ordinary income, and the ordinary income test should be applied.
Temporary departure from Australia
Article 12(4) provides that people paid under the Agreement who reside in Australia, and temporarily travel outside Australia, will continue to have their rate calculated under the inside Australia rate for up to 26 weeks. After 26 weeks, their rate will be calculated under the outside Australia rate in 10.31.8.20.
Act reference: SS(IntAgree)Act Schedule 30 Republic of Latvia