The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.13.7.30 Overpayments Resulting from Arrears of Danish Benefits

Overpayments

Article 12 of the Agreement with Denmark allows for a debt to be raised against individual pensioners who have been overpaid Australian benefit as a result of the grant of a Danish benefit under the Social Pensions Act or the Labour Market Supplementary Pensions Act. This debt can then be recovered by cash refund or from the future entitlement to Australian benefit.

In addition to the above, from 1 July 2004 a debt can be raised against the pensioner AND THEIR PARTNER (if applicable) under SSAct section 1228A. See 4.3.6.10 for more details.

Act reference: SS(IntAgree)Act Schedule 12 Denmark

SSAct section 1228A Comparable foreign payment debt recovery

Policy reference: SS Guide 4.3.6.10 Income from overseas payments - general rules

Last reviewed: 20 March 2015

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