Generally, agreements provide for any overpayment resulting from payment of arrears of foreign payment to be classed as a debt. This includes any overpayment remaining after the embargo process in 10.1.8.20. These debts can be recovered from a person's future entitlement to Australian benefit.
However, from 1 July 2004, SSAct section 1228A generally provides for the recovery of overpayments, from the applicant AND THEIR PARTNER (if applicable) due to lump sum arrears of CFP without the need for a special provision in an Agreement.
Act reference: SSAct section 1228A Comparable foreign payment debt recovery
Last reviewed: 16 May 2011