10.8.7.30 Overpayments Resulting from Arrears of Netherlands' Benefits

Overpayments

Article 22 of the Agreement allows for a debt to be raised against individual pensioners who have been overpaid an Australian benefit as a result of the grant of a Netherlands' benefit. This would generally only apply when:

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

Article 22, paragraph 6 allows for any shortfall to be recovered by Australia by request for cash refund or from future entitlement to any Australian pension, benefit or allowance.

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

Act reference: SS(IntAgree)Act Schedule 7 The Netherlands

SSAct section 1228A Comparable foreign payment debt recovery

Policy reference: SS Guide 4.3.6.10 Income from Overseas Payments - General Rules

Last reviewed: 9 November 2015