10.7.7.30 Overpayments Resulting from Arrears of Maltese Benefits

Overpayments

Article 12 of the Agreement with Malta 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 Maltese benefit. This would generally only apply when:

  • the arrears are not sufficient to fully recover the overpayment, or
  • when arrears are released directly to the recipient.

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

Act reference: SS(IntAgree)Act Schedule 6 Malta

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