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