10.6.7.30 Overpayments resulting from the grant of Spanish benefits

Overpayments

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 4.3.6.10 for more details.

Act reference: SS(IntAgree)Act Schedule 5 Spain

SSAct section 1228A Comparable foreign payment debt recovery

Last reviewed: 20 March 2020