Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 9/25)
Character Range: 474490–477264

under the normal age pension age of the other Contracting Party and the person explicitly requests that the determination of entitlement to old age benefits acquired under the legislation of the other Contracting Party be deferred.
    5. Paragraph 4 shall not apply if the original claim or a copy is not received by the appropriate liaison agency of the other Contracting Party within six months of the lodgement of the original claim.

Article 14
Recovery of overpayments
    1. Where a German institution has made an overpayment of a benefit to a person for any period and the Australian institution is to pay arrears of an Australian benefit for the same period, the Australian institution shall, at the request of that German institution, deduct from those arrears the amount of the overpayment by the German institution and shall transfer the amount so deducted to the German institution.
    2. Where:
          (a) a benefit is paid or payable under German legislation to a person in respect of a past period;
          (b) for all or part of that period, Australia has paid to that person a benefit under its social security law; and
          (c) the amount of the benefit paid by Australia would have been reduced had the benefit paid or payable under German legislation 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 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 benefit payable by Australia to that person.
    3. Where a German institution has not yet paid the benefit described in subparagraph 2(a) to the person:
          (a) the German institution shall, at the request of the institution of Australia pay the amount of the benefit necessary to meet the debt described in subparagraph 2(d) to the Australian institution and shall pay any excess to the person; and
          (b) any shortfall may be recovered by the competent authority of Australia under subparagraph 2(e).
    4. In paragraph 2, "benefit" means, in relation to Australia, a pension, benefit or allowance that is payable under the social security law of Australia.

Article 15
Data protection
    1. In providing assistance under Article 10, a Contracting Party shall supply to the other Contracting Party data about a person, particularly about any payments it makes to that person, only where that person:
          (a) wishes to make use of any provision of the Agreement; or
          (b) claims a benefit from the first Contracting Party after the Agreement enters