Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:18:p13
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 18 (pt 13/15)
Character Range: 639332–642094

period, the other contracting Party has paid to that person a pension under its legislation; and

         c) the amount of the pension paid by that other contracting Party would have been reduced had the pension paid or payable by the first contracting Party been paid during that period,

    then the amount that would not have been paid by the other contracting Party, had the pension 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 and may be recovered by that contracting Party.

    2. Where the competent institution of the first contracting Party has not yet paid the arrears of pension described in paragraph 1 to the person:

         a) that competent institution shall, at the request of the competent institution of the other contracting Party, pay the amount of the debt described in paragraph 1 to the competent institution of the other contracting Party and shall pay any excess to the person, in line with the provisions set out in the Administrative Arrangement made in accordance with article 20; and

         b) any shortfall in those arrears may be recovered by the other contracting Party.

    3. Notwithstanding the definition of "pension" used elsewhere in this Agreement, a reference in paragraphs 1 and 2 to a pension, in relation to Australia, means a pension, benefit or allowance that is payable under the Acts forming the social security law of Australia as amended from time to time.

PART V

TRANSITIONAL AND FINAL PROVISIONS

Article 28

Possible instances prior to the Agreement coming into force

    1. This Agreement shall also apply to events which occurred prior to its coming into force.

    2. This Agreement shall not create any entitlement to pensions for any period prior to its coming into force.

    3. All insurance periods completed under the legislation of one of the contracting Parties prior to the date on which this Agreement comes into force shall be taken into consideration in determining entitlement to any pension in accordance with the provisions of this Agreement.

Article 29

Revision, proscription, forfeiture

    1. Any Belgian pension that was not paid or that was suspended by reason of the nationality of the interested person or by reason of that person's residence in Australia shall, on application by the interested person, be paid or restored from the coming into force of this Agreement.

    2. The entitlement of interested persons who, prior to the coming into force of this Agreement, obtained the payment of a Belgian pension or an annuity may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no case shall such a revision result