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.

10.14.7.30 Overpayments Resulting From the Grant of German Benefits

Overpayments

Article 14 of the Agreement with Germany allows for a debt to be raised against individual pensioners who have been overpaid Australian benefit as a result of the grant of a German benefit. This would generally only apply when the German arrears are not sufficient to fully recover the overpayment, or when the arrears have been released directly to the pensioner.

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 14 Germany

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

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