Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p11
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 11/14)
Character Range: 671144–673829

entitlement of a person for a benefit by virtue of this Agreement:

        (a) a period as an Australian resident and a period of insurance; and

        (b) any event or fact which is relevant to that entitlement,

     shall, subject to this 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 shall never be earlier than the date on which this Agreement enters into force.

    ARTICLE 26

    Overpayment of Benefits

     1. 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 other benefit been paid by the first Party 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 on a periodical basis throughout that past period, shall be a debt due by that person to the other Party.

     2. Where the first Party has not yet paid the benefit described in subparagraph 1(a) to the person:

        (a) that Party shall, at the request of the other Party, pay from the arrears of the benefit the amount necessary to meet the debt described in subparagraph 1(d) to the other Party and shall pay any excess to the person; and

        (b) any shortfall may be recovered by the other Party in accordance with the legislation of that Party.

     3. The Competent Institution receiving a request under paragraph 2 shall transfer from the lump sum arrears of its benefit the amount of the debt to the Competent Institution making the request.

     4. A reference in paragraphs 1 and 2 to a benefit, in relation to Australia, means a pension, benefit or allowance that is payable under the social security laws of Australia and, in relation to Norway, means any pension, benefit or allowance payable under the National Insurance Act of 28 February 1997 of Norway.

     5. A Party to which overpaid benefit is owing shall not, under this Article, seek to have the other Party recover those overpayments from continuing payments of benefit paid by the other Party.

    ARTICLE 27

    Export and Payment of Benefits

     1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad,