Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:3:p24
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 3 (pt 24/26)
Character Range: 110944–113657

any social security debt of a Party may be provided by the other Party only in respect of a debt:

              i. that has been found or determined to be owing in the country concerned by a court or tribunal having jurisdiction in the matter, or by a person, body, or organisation in that country acting administratively within the terms of his, her, or its lawful authorisation; and

              ii. in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),:

                   A. has been exhausted or has expired; or

                   B. if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determined; and

              iii. that may be lawfully recovered under the laws of that country; and

              iv. that was first found or determined to be owing less than 5 years prior to the date that the request for assistance is made, except as provided in clause 2;

          b. when providing assistance to recover any social security debt of a Party, the Party giving the assistance is not required to:

              i. give priority to the recovery of social security debts of the other Party; and

              ii. take any measures for recovery not provided for under the laws relating to the recovery of debts of that Party;

          c. a Party may not seek to recover a social security debt by imprisonment of the individual by whom it is owed or of any other individual;

          d. any recovery of a social security debt of a deceased individual is limited to the value of that individual's estate;

          e. any institution, court, or tribunal involved in the recovery of a social security debt may defer recovery of the debt, or may order or arrange for the debt to be paid in instalments, if:

              i. the institution, court, or tribunal has the power to do so; and

              ii. it is its normal practice to do so;

          f. a Party may give assistance only in respect of a social security debt that the requesting institution has certified is of a kind described in subparagraphs (i) to (iv) of paragraph (a);

          g. the Party requesting assistance to recover a social security debt must pay the costs of the other Party of recovering the debt, including court costs or other fees payable under the laws of that Party. For the purposes of this paragraph, "costs of the other Party" refer only to costs incurred (such as solicitor's fees)