Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:6:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 6 (pt 9/13)
Character Range: 199036–201628

Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.

    2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force.

    3. Where:

         (a) a benefit is paid or payable by a Party to a person in respect of a past period

         (b) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and

         (c) the amount of the benefit paid  by that other Party would have been reduced had the benefit paid or payable by the first Party been paid during that period;

then

         (d) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid throughout that past period shall be a debt due by that person to the other Party; and

         (e) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that person.

    4. Where the first Party has not yet paid the arrears of benefit described in subparagraph 3(a) to the person:

         (a) that Party shall, at the request of the other Party, pay the amount of the debt described in subparagraph 3(d) to the other Party and shall pay any excess to the person; and

         (b) any shortfall in those arrears may be recovered by the other Party under subparagraph 3(e).

    5. The Competent Institution receiving a request under paragraph 4 shall take the action set out in an Administrative Arrangement made pursuant to Article 15, to recoup the amount of the overpayment and to transfer it to the other Competent Institution.

    6. A reference in paragraph 3 and 4 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the social security laws of Australia as amended from time to time, and in relation to Malta, means any pension, benefit, allowance or assistance that is payable under the Social Security Act (Cap 318) of Malta.

ARTICLE 13

Payment of Benefits

    1. Subject to paragraphs 3 and 4, the benefits payable under the legislation of a Party or by virtue of this Agreement are also payable in the territory of the other Party.

    2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then