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.

10.19.7.30 Overpayments Resulting from Arrears of Belgian Pensions

Overpayments

Article 27 of the Agreement allows for a debt to be raised against individuals who have been overpaid an Australian pension as a result of the grant of a Belgian pension. Recovery of a debt can be by cash refund or by withholding from future entitlement to any Australian pension or allowance.

The recovery from future entitlements would generally only apply:

when the arrears are insufficient to fully recover the overpayment, or
when the arrears have been released directly to the pensioner.

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

Act reference: SS(IntAgree)Act Schedule 18 Belgium

SSAct section 1228A Comparable foreign payment debt recovery

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

Last reviewed: 9 November 2015

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