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.

10.18.7.30 Overpayment Resulting from Arrears of Slovenian Benefits

Overpayments

Article 13 of the Agreement also allows for a debt to be raised against individuals who would have been overpaid an Australian benefit as a result of the grant of a Slovenian benefit. Article 13 also allows for any debt to be recovered by request for cash refund or from future entitlement to any Australian pension, benefit or allowance. 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.

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 17 Slovenia

SSAct section 1228A Comparable foreign payment debt recovery

Policy reference: SS Guide 4.3.6.10 Income from of overseas payments - general rules

Last reviewed: 9 November 2015

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