10.6.7.30 Overpayments resulting from the grant of Spanish benefits
Article 24 of the Agreement with Spain - Recovery of Overpayments - allows for a debt to be raised against individual pensioners who have been overpaid any Australian pension, benefit, or allowance as a result of the grant of a Spanish benefit. This would generally only apply when:
- the arrears of the Spanish benefit are not sufficient to fully recover the overpayment, or
- the arrears are released directly to the person, or
- the Australian benefit paid was not covered by the Agreement, for example, JSP or DSP for a person who is not severely disabled.
In addition to the above, from 1 July 2004 a debt can also be raised against the person and their partner (if applicable) under SSAct section 1228A. See 188.8.131.52 for more details.