Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:24:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 24 (pt 8/12)
Character Range: 837905–840574

of the first Party.

3. In relation to Australia, the reference in paragraphs 1 and 2 to an appeal document is a reference to an appeal that may be made to an administrative body established by, or administratively for the purposes of, the social security laws of Australia.

4. A claim for a benefit lodged under the legislation of one Party shall be considered as a claim for the corresponding benefit under the legislation of the other Party so long as the claimant has indicated in that claim that there is, or was, an affiliation with the social security system of that other Party, and provided the Competent Institution of the other Party receives this request within 12 months.

5. In relation to Finland for the purposes of computing an increment for delay in the payment of a pension according to Finnish legislation, a claim shall be deemed to be presented on the date when that claim, along with all necessary enclosures, reaches the Competent Institution in Finland.

ARTICLE 18
Recovery of Overpayments

1. Where

      (a) a benefit is paid or payable by a Party to a person in respect of a past period whether by virtue of this Agreement or otherwise; and

      (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 would have been reduced, had the other benefit been paid by the first Party during that period;
then

   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 Competent Institution of the first Party has not yet paid the benefit described in subparagraph 1(a) to the person:

        (a) the Competent Institution of that Party shall, at the request of the Competent Institution of the other Party, pay the arrears of the benefit to the Competent Institution of the other Party; and

        (b) the Competent Institution of the other Party may deduct from the amount of those arrears any excess amount of the benefit paid by it and shall pay any balance remaining to that person; and

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

ARTICLE 19
Exchange of Information and Mutual Assistance

1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement shall to the extent permitted by their national laws:

        (a) communicate to each other any information necessary for the application of this Agreement and the