- 1
- The Contracting Parties recognize each others final administrative or judicial decisions on the recovery of undue payments made under their legislations, provided that such decisions are legally enforceable.
- 2
- The Contracting Parties will lend their good offices regarding the implementation of decisions as referred to in paragraph 1 of this Article.
- 3
- At the request of a competent institution the other institution will initiate legal proceedings to implement decisions as referred to in paragraph 1 of this Article in accordance with its own legislation. The costs of these proceedings shall be reimbursed by the requesting institution.
- 4
- If, when awarding or reviewing benefits in respect of invalidity, old age or death pursuant to the Convention, the competent institution of one of the Contracting Parties has paid to a recipient of benefits a sum in excess of that to which he is entitled, that institution may request the competent institution of the other Party responsible for the payment of corresponding benefits to that recipient to deduct the amount overpaid from the arrears which it pays to the said recipient. The latter institution shall transfer the amount deducted to the creditor institution. Where the amount overpaid cannot be deducted from the arrears the provisions of paragraph 5 of this Article shall apply.
- 5
- When the competent institution of a Contracting Party has paid to a recipient of benefits a sum in excess of that to which he is entitled, that institution may, within the conditions and limits laid down by the legislation which it administers, request the competent institution of the other Contracting Party responsible for the payment of benefits to that recipient, to deduct the amount overpaid from the amounts which it pays to the said recipient. The latter institution shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, as if the sums had been overpaid by itself, and shall transfer the amount deducted to the creditor institution.
