Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:5:p10
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 5 (pt 10/13)
Character Range: 170661–173314

on which this Agreement enters into force.

ARTICLE 24
Recovery of overpayments

1. If:

        (a) the Competent Institution of one Party discovers (at the time of settlement or review of a benefit included in Article 2) that a person has been paid a higher benefit over a period than that to which the person was entitled because that person was also entitled over the same period to a benefit from the other Party that was not paid; and

        (b) the other Party has a provision to pay that person the arrears of the unpaid benefit in the form of a lump sum,

    the first Party may ask the other Party to withhold from those arrears the amount paid in excess of the amount to which the person was entitled and if such a request is made the other Party shall withhold that amount and pay it to the first Party.

    2. For the purposes of paragraph 1, no distinction shall be made between benefits paid by virtue of totalisation of periods from the other Party and those paid without the need to use the referred periods.

    3. For Australia, where:

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

        (b) for all or part of that period, Australia has paid to that person a pension, benefit, or allowance under its social security laws; and

        (c) the amount of the pension, benefit or allowance paid by Australia would have been reduced had the benefit paid or payable by Spain been paid during that period;

     then

        (d) the amount that would not have been paid by Australia 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 Australia and may be recovered by Australia; and

       (e) Australia may determine that the amount or only part of that debt may be deducted from future payments of a pension, benefit or allowance payable by Australia under its social security laws to that person.

ARTICLE 25
Payment of Benefits

    1. If a Party imposes legal or administrative restrictions on the transfer of its currency abroad, both Parties shall adopt measures as soon as practicable to guarantee the rights to payment of benefits derived under this Agreement.  Those measures shall operate retrospectively to the time the restrictions were imposed.

    2. A benefit payable by a Party by virtue of this Agreement shall be paid by that Party, whether the beneficiary is in Spain, Australia or a third country, without deduction for government administrative fees and charges for processing and paying that benefit.

ARTICLE 26
Exchange