The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. TheĀ 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. Overpayments resulting from the grant of Spanish benefits


Article 24 of the Agreement with Spain - Recovery of Overpayments - allows for a debt to be raised against individual pensioners who have been overpaid any Australian pension, benefit, or allowance as a result of the grant of a Spanish benefit. This would generally only apply when:

  • the arrears of the Spanish benefit are not sufficient to fully recover the overpayment, or
  • the arrears are released directly to the person, or
  • the Australian benefit paid was not covered by the Agreement, for example, JSP or DSP for a person who is not severely disabled.

In addition to the above, from 1 July 2004 a debt can also be raised against the person and their partner (if applicable) under SSAct section 1228A. See for more details.

Act reference: SS(IntAgree)Act Schedule 5 Spain

SSAct section 1228A Comparable foreign payment debt recovery

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