10.10.7.30 Overpayments Resulting from the Grant of Portuguese Benefit

Overpayments

Article 25 of the agreement also allows for a debt to be raised against individual pensioners who have been overpaid Australian benefit as a result of the grant of a Portuguese benefit. This would generally only apply when the arrears are not sufficient to fully recover the overpayment, or when the arrears are released directly to the applicant.

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

Act reference: SS(IntAgree)Act Schedule 9 Portugal

SSAct section 1228A Comparable foreign payment debt recovery

Policy reference: SS Guide 4.3.6.10 Income from Overseas Payments - General Rules

Last reviewed: 16 May 2016