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Artigo 14.º

Vigente desde: 04/12/2003

Disposições finais

O presente Acordo Administrativo entra em vigor na mesma data da Convenção e tem a mesma duração.

Assinado em Lisboa e em Camberra no dia 15 de Julho de 2003, em duplicado, em português e inglês, fazendo qualquer dos textos igualmente fé.

Pela Autoridade Competente da República Portuguesa:

Sebastião da Nóbrega Pizarro, director do Departamento de Relações Internacionais de Segurança Social.

Pela Autoridade Competente da Austrália:

Roger Andrew Barson, Assistant Secretary, International Department of Family and Community Services.

ADMINISTRATIVE ARRANGEMENT IMPLEMENTING THE AGREEMENT BETWEEN THE REPUBLIC OF PORTUGAL AND AUSTRALIA ON SOCIAL SECURITY.

In accordance with article 28 of the Agreement between the Republic of Portugal and Australia on Social Security made on 3 September 2001, the Competent Authorities of Portugal and Australia hereby make the Administrative Arrangement as set out in the following paragraphs to implement the Agreement.

PART I

General provisions

Section 1

Definitions

In this Arrangement:

  1. a)«Agreement» means the Agreement between the Republic of Portugal and Australia on Social Security signed in Lisbon on 3 September 2001;
  2. b)«Arrangement» means this Administrative Arrangement; and

other terms used in this Arrangement have the same meaning as in the Agreement unless their context in this Arrangement otherwise requires.

Section 2

Competent institutions

Competent institution under article 1, d), of the Agreement refers to the following institutions:

In relation to Portugal:

  1. a)For old age, invalid and survivors' pensions and death grants under the general and special schemes - Instituto de Solidariedade e Segurança Social, Centro Nacional de Pensões, Lisboa;
  2. b)For sickness and maternity benefits, family allowances and benefits under the voluntary social insurance scheme:

    On the continent - Instituto de Solidariedade e Segurança Social, the centro distrital de solidariedade e segurança social where the person is insured;

    In the Autonomous Region of the Azores - Instituto de Gestão de Regimes de Segurança Social, Angra do Heroísmo, the centro de prestações pecuniárias where the person is insured;

    In the Autonomous Region of Madeira - the Centro de Segurança Social da Madeira, Funchal;

  3. c)For unemployment benefits:

    On the continent - Instituto de Solidariedade e Segurança Social, the centro distrital de solidariedade e segurança social which covers the person concerned;

    In the Autonomous Region of the Azores - the Instituto de Gestão de Regimes de Segurança Social, Angra do Heroísmo, the centro de prestações pecuniárias which covers the person concerned;

    In the Autonomous Region of Madeira - the Centro de Segurança Social da Madeira, Funchal;

  4. d)For the pensions of the non-contributory scheme:

    On the continent - Instituto de Solidariedade e Segurança Social, the centro distrital de solidariedade e segurança social where the person resides;

    In the Autonomous Region of the Azores - Instituto de Gestão de Regimes de Segurança Social, the Centro de Prestações Pecuniárias, Angra do Heroísmo;

    In the Autonomous Region of Madeira - the Centro de Segurança Social da Madeira, Funchal;

  5. e)For pensions for work injury and occupational diseases - Centro Nacional de Protecção contra os Riscos Profissionais, Lisboa.

    In relation to Australia:

  6. a)For the administration of the legislation in subparagraph 1, a), i), of article 2 - the Centrelink;
  7. b)For part III of the Agreement - the Australian Taxation Office.

    Section 3

    Liaison agencies

  8. 1 -For the purpose of applying the Agreement and this Arrangement, the liaison agencies are:

    For Portugal - the Departamento de Relações Internacionais de Segurança Social, Lisboa;

    For Australia:

    1. i)For the acts forming the social security law - the Centrelink International Services, Hobart;
      1. ii)For the law concerning the superannuation guarantee - the Australian Taxation Office.
  9. 2 -The liaison agencies will ensure the Agreement and the Arrangement are applied and will advise people of their entitlements and obligations under the Agreement.
  10. 3 -The liaison agencies will exchange all information necessary to apply the Agreement and the Arrangement.
  11. 4 -The liaison agencies will prepare forms and documents to implement the Agreement and the Arrangement.

    PART II

    Application of applicable legislation

    Section 4

    Certificate of social security coverage

    When the legislation of a Party is applicable in accordance with article 8 of the Agreement, its competent institution will issue a certificate of coverage to the person concerned, affirming that the person continues to be subject to the legislation of the Party and stating the period for which the certificate is valid.

    Section 5

    Provisions for avoiding double coverage

    When the legislation of a Party is applicable in accordance with article 12 of the Agreement, the Party's competent institution, at the request of the employed person or the employer of that person, will issue a certificate stating that the employed person or employer with respect to that person is subject to that Party's legislation and stating the period for which the certificate is valid.

    PART III

    Application of benefit provisions and claim processing

    Section 6

    Claim lodgement

  12. 1 -Persons in the territory of one Party may lodge claims and associated documentation for the other Party's benefits with the competent institution of the Party in the territory of which they are physically present.
  13. 2 -The competent institution of one Party will accept on behalf of the competent institution of the other, claims for benefits under agreements which that other Party has with third Parties.

    Section 7

    Claim processing

  14. 1 -The competent institution of a Party receiving a claim will:
    1. a)Stamp it with the date of receipt, verify the claimant's identity, validate the personal details contained in the claim on the basis of supporting documentation supplied and, when necessary, make certified copies of original documentation supporting the claim;
    2. b)Complete a liaison form indicating, in particular, appropriate periods of residence in Australia or Portuguese periods of insurance;
    3. c)If entitlement to benefit is dependent on the invalidity, incapacity for work or blindness of the claimant, arrange for a medical report to be provided in accordance with the provisions of section 9;
    4. d)If the claim is for an Australian carer payment, advise the claimant that a medical report, in a set form, is required from a medical practitioner treating the claimant's partner;
    5. e)In the case of Portugal, send, as soon as possible, the claim form, original or certified copies of documents necessary to establish the claim and the liaison form to the liaison agency for Australia; in the case of Australia, send as soon as possible, the claim form, original or certified copies of documents necessary to establish the claim and the liaison form to the competent institution for Portugal.
  15. 2 -The set form of the medical report in paragraph 1, d), will be the form settled for this purpose from time to time.

    Section 8

    Determination of benefit claims

  16. 1 -When a competent institution of one Party makes a determination of a claim for benefits by virtue of the Agreement:

    In the case of Portugal, it will inform the liaison agency for Australia of that determination on a liaison form;

    In the case of Australia, its liaison agency will inform the competent institution for Portugal of that determination on a liaison form.

  17. 2 -When one Party refers a claim to the other Party the referring Party will indicate on the liaison form whether or not it intends to request payment of a debt under article 25 of the Agreement from arrears of a benefit that may be paid by the competent institution of the other Party. When such a request has been indicated, the other Party will, upon grant of a benefit, advise the referring Party of grant details and will not release arrears to the beneficiary for a period of three months from the date of its advice to the referring Party unless the referring Party requests payment of a debt from those arrears under article 25 of the Agreement before the end of that period. If a request is so made the other Party will deal with it in accordance with that article 25.

    Section 9

    Medical examination

  18. 1 -Subject to paragraph 4, medical examinations of persons residing in the territory of one Party in connection with benefit claimed from or paid by the other Party under the Agreement or otherwise will be arranged by the competent institution of the Party in which the persons reside.
  19. 2 -Reports, in a set form, on medical examinations arranged in accordance with paragraph 1, will be forwarded as soon as possible to the Party which pays the benefit or from which the benefit has been claimed.
  20. 3 -The costs of examinations, including associated travel and accommodation costs, will be met by the Party in whose territory the persons reside.
  21. 4 -When either Party is in the possession of a medical report which constitutes an acceptable medical report on benefit eligibility for the purpose of the Agreement or the legislation of the Parties, and that report has been compiled in the twelve months prior to the most recent claim for benefit that report may be supplied to the Party from which the most recent benefit is being claimed to satisfy the arrangements specified in paragraph 1. Should the existing report be unsuitable for the purposes of the Party from which the benefit is being claimed a further medical examination will be arranged in accordance with paragraph 1 and forwarded in accordance with paragraph 2.
  22. 5 -The set form of the medical report in paragraph 2 will be the form settled for this purpose from time to time.

    PART IV

    Miscellaneous provisions

    Section 10

    Mutual assistance

    The competent institutions or liaison agencies of one Party may request to the corresponding competent institution or liaison agency of the other party the verification of facts which may lead to the variation, suspension or termination of benefits awarded under their legislation.

    Section 11

    Appeals

  23. 1 -For the purposes of implementing the provisions of article 24 of the Agreement, the competent institutions or liaison agencies of both Parties will, on behalf of each other, accept and stamp with the date of receipt appeals against determinations by the competent institution of the other Party together with any supporting documentation.
  24. 2 -The competent institution or liaison agency of the Party with which an appeal has been lodged against a determination made by the competent institution of the other Party will send that appeal to the other Party following the procedures for forwarding claims in section 7, 1), e).

    Section 12

    Client liaison

  25. 1 -The competent institution responsible for payment of a benefit under the Agreement will pay that benefit, subject to the provisions of the Agreement, direct to the beneficiary.
  26. 2 -The competent institution of a Party may contact persons residing in the territory of the other Party about any information required for the processing or payment of benefits.

    Section 13

    Statistical information

    The liaison agencies of the Parties will, on request from one to the other provide statistics of the payments made under the Agreement including the number of beneficiaries and the amount of benefits paid in each category of benefit.

    PART V

    Section 14

    Final provisions

    This Arrangement will take effect on the same day as the Agreement and will operate for the duration of the Agreement.

    Signed in duplicate at Lisbon and Canberra this fifteenth day of July 2003 in the portuguese and english languages, both texts being equally authoritative.

    For the Competent Authority of the Republic of Portugal:

    Sebastião da Nóbrega Pizarro, director do Departamento de Relações Internacionais de Segurança Social.

    For the Competent Authority of Australia:

    Roger Andrew Barson, Assistant Secretary, International Department of Family and Community Services.

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