10.19.7.30 Overpayments Resulting from Arrears of Belgian Pensions
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 18.104.22.168 for more details.