10.9.7.30 Overpayments Resulting from the Grant of Irish Benefits
Overpayments or debts
Article 16 also allows for a debt to be raised against an individual who has been overpaid an Australian benefit as a result of the grant of an Irish benefit. 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.
This debt can then be recovered from future entitlement to Australian benefit.
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 22.214.171.124 for more details.
Act reference: SS(IntAgree)Act Schedule 8 Ireland
SSAct section 1228A Comparable foreign payment debt recovery
Policy reference: SS Guide 126.96.36.199 Income from overseas payments - general rules