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.

10.7.7.30 Overpayments Resulting from Arrears of Maltese Benefits

Overpayments

Article 12 of the Agreement with Malta also allows for a debt to be raised against individual pensioners who have been overpaid Australian benefit as a result of the grant of a Maltese benefit. This would generally only apply when:

the arrears are not sufficient to fully recover the overpayment, or
when arrears are released directly to the recipient.

In addition to the above, from 1 July 2004 a debt can also be raised against the recipient AND THEIR PARTNER (if applicable) under SSAct section 1228A. See 4.3.6.10 for more details.

Act reference: SS(IntAgree)Act Schedule 6 Malta

SSAct section 1228A Comparable foreign payment debt recovery

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

Last reviewed: 16 May 2016

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