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.

10.1.8.30 Overpayments Resulting from Arrears of Foreign Payment

Overpayments

Generally, agreements provide for any overpayment resulting from payment of arrears of foreign payment to be classed as a debt. This includes any overpayment remaining after the embargo process in 10.1.8.20. These debts can be recovered from a person's future entitlement to Australian benefit.

However, from 1 July 2004, SSAct section 1228A generally provides for the recovery of overpayments, from the applicant AND THEIR PARTNER (if applicable) due to lump sum arrears of CFP without the need for a special provision in an Agreement.

Act reference: SSAct section 1228A Comparable foreign payment debt recovery

Policy reference: SS Guide 10.1.8.20 Embargoes on Arrears of Comparable Foreign Payment, 4.3.6.10 Income from overseas payments - general rules

Last reviewed: 21 September 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.