Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 10/15)
Character Range: 347632–350390

information at the time of the original claim indicating that the person on whose record benefits are claimed has completed relevant periods of residence or of insurance under the legislation of the other Party; and

     (b) a claim for the corresponding benefit is received by the competent institution of the other Party within 12 months of the lodgement of the original claim.

3. In the case to which paragraphs 1 and 2 of this Article apply, the body to which the submission has been made shall forward the claim, notice or appeal without delay to the corresponding competent body of the other Party.

Article 16
Advance Payments and Overpayments

1. Where an Austrian institution has made an advance payment to a person for any period and arrears of a corresponding benefit become payable for the same period under the legislation of Australia, the competent institution of Australia shall deduct from those arrears the amount paid by way of advance payment and shall transfer the amount so deducted to the Austrian institution. Where an Austrian institution has overpaid a benefit for any period for which the competent institution of Australia afterwards becomes liable to pay a corresponding benefit, the overpayment shall be regarded, for the purpose of the first sentence, as an advance payment.

2. Where

     (a) an Austrian benefit is paid or payable to a person in respect of a past period;

     (b) for all or part of that period, an Australian benefit has been paid to that person; and

     (c) the amount of the Australian benefit would have been reduced had the Austrian benefit been paid during that period;

     then

     (d) the amount of the Australian benefit that would not have been paid had the Austrian benefit described in subparagraph (a) been paid on a periodical basis throughout that past period, shall be a debt due by that person to the Commonwealth of Australia; and

     (e) Australia may determine according to the legislation of Australia that the amount or any part of that debt may be deducted from future payments of Australian benefit payable to that person.

3. Where an Austrian institution has not yet paid the benefit described in subparagraph 2(a) to the person:

     (a) the Austrian institution shall, at the request of the competent authority of Australia pay the amount of the benefit necessary to meet the debt described in subparagraph 2(d) to the competent institution of Australia and shall pay any excess to the person; and

     (b) any shortfall may be recovered by the competent authority of Australia under subparagraph 2(e).

Article 17
Payment of Benefits

1. The benefit‑paying institution of a Party may discharge its obligations under this Agreement in the national currency of that