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