The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

10.9.7.30 Overpayments Resulting from the Grant of Irish Benefits

Overpayments or debts

Article 16 also allows for a debt to be raised against an individual who has been overpaid an Australian benefit as a result of the grant of an Irish 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.

This debt can then be recovered from future entitlement to Australian benefit.

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 8 Ireland

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

The Australian Government acknowledges Aboriginal and Torres Strait Islander peoples throughout Australia and their continuing connection to land, water, culture and community. We pay our respects to the Elders both past and present.