Recovery of undue payments. (1) If the implementation of a measure appears not to justify either a part or the whole of the assistance allocated, the Commission is to conduct an appropriate examination of the case, in particular requesting the beneficiary country to submit its comments within a specified period of time and to correct any irregularity.
(2) Following the examination referred to in paragraph 1, the Commission may reduce, suspend or cancel assistance in respect of the measures concerned if the examination reveals irregularity, an improper combination of funds or a failure to comply with one of the conditions in the financing memorandum and in particular any significant change affecting the nature or conditions of implementation of the measure for which the Commission’s approval has not been sought. Any reduction or cancellation of the assistance is to give rise to recovery of the sums paid.
(3) Where the Commission considers that an irregularity has not been corrected or that all or part of an operation does not justify either all or part of the assistance granted to it, the Commission is to conduct a suitable examination of the case and request the beneficiary country to submit its comments within a specified period. After the examination, if the beneficiary country has undertaken no corrective measures, the Commission may:
(a) reduce or cancel any advance;
(b) cancel all or part of the assistance granted to the measure. The Commission is to determine the size of a correction taking into account the nature of the irregularity and the extent of any failures in the management and control systems.
(4) Any sum wrongly paid shall be repaid to the Commission by the authority specified under section III (9). If this authority does not repay the amount due to the Community, the beneficiary country shall refund this amount to the Commission. Interest on account of late payments shall be charged on sums not repaid by applying the rules specified in the Financial Regulation governing the Community Budget.
Recovery of undue payments. 1- Where the institution of either Contracting State has paid to a beneficiary, under the provisions of Title III, Chapter II of this Agreement, an amount exceeding the one to which he is entitled, that institution may, under the conditions and within the limits of the legislation it applies, request the institution of the other Contracting State, responsible for payment of benefits to that person, to deduct the amount overpaid from the payments due to him.
2- The latter institution shall deduct the amount under the conditions and within the limits laid down for such deduction by the legislation it applies, as if the overpayment had been made by it and shall transfer the amount so deducted to the creditor institution.
Recovery of undue payments. For application of Article 34 of the Agreement, in case when the competent institution of one of the Contracting States has paid to an entitled person for a reviewing period the unjustified advanced payment or the amount overlapping the regular amount from the invalidity, old-age and survivors´ security, this institution can ask the institution of the other Contracting State to cut the overlapping amount from its payments to the person concerned. The latter institution transfers the accordingly cut amount, taking into consideration limits and restrictions envisaged in its legislation, to the institution of the first Contracting State.
Recovery of undue payments. The institutions of the Contracting Parties shall, by mutual agreement, settle possible overpayments in accordance with the applicable legislation.
Recovery of undue payments. The competent institution of one Contracting Party that has made an undue payment to a beneficiary under the provisions of this Agreement, may request from the institution of the other Contracting Party to withhold the unduly paid amount from the arrears, and/or to deduct this amount according to its legislation from corresponding benefits that it will pay. The institution shall transfer the amount so withheld or deducted to the competent institution of the Contracting Party which requested the recovery.
Recovery of undue payments. If the competent institution of either Contracting Party pays to a beneficiary, under the provisions of this Agreement, a sum in excess of his entitlement, it may request the institution of the other Contracting Party responsible for the payment of the corresponding benefits to that person to deduct the amount overpaid from any benefit payable to him. The said competent institution shall transfer the amount so deducted to the institution of the other Contracting Party. If recovery of undue payment cannot be made pursuant to Paragraph 1 of this Article, the following procedure shall apply: Where the institution of either Contracting Party has paid to a beneficiary a sum in excess of his entitlement, that institution may, on the conditions and to the extent permissible under the legislation it applies, request the institution of the other Contracting Party responsible for payment of benefits to the beneficiary to deduct the amount overpaid from the payments it will make to him. The competent institution of the other Contracting Party shall deduct that amount, on the conditions and to the extent permissible under the legislation it applies, as if the overpayment had been made by it, and shall transfer so deducted amount to the institution of the other Contracting Party.
Recovery of undue payments. (1) If the institution of one Contracting State has paid the amount of a benefit exceeding the amount a beneficiary was entitled to, that institution may request the institution of the other Contracting State, debtor of benefits in favour of that beneficiary, to balance the overpaid amount from the amounts due to be paid to that beneficiary.
(2) The institution of other Contracting State shall make the deduction under the conditions and within the limits permitted by the legislation it applies for recovery, as if the overpayment had been made by it.
(3) The amount deducted under the paragraph (2) of this Article shall be transferred to the institution which has submitted the request.
Recovery of undue payments. 1. 1. If, during the assessment or revision of invalidity, old-age or survivors' benefit under the provisions of the Agreement, the institution of either Contracting Party has paid to a beneficiary a sum in excess of his entitlement, it may request the institution of the other Contracting Party responsible for the payment of corresponding benefit to that person to deduct the amount overpaid from any arrears payable due to him. The latter institution shall transfer the amount so deducted to the creditor institution. If recovery cannot be made in this way, the provisions of the following paragraph shall apply.
Recovery of undue payments. 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 para- graph 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.
Recovery of undue payments. If the institution of one Contracting Party has paid to a beneficiary the benefits in the amount that exceeds the sum that has been entitled to, this institution shall request, from the institution of the other Contracting Party that owes benefits to this beneficiary, under the conditions stipulated by the legislation it applies, to withhold the extra-amount paid to the beneficiary, from the amounts owed. This institution withholds the amount under the conditions and the framework, in which such an offset is allowed by the legislation it applies, as if these extra-amounts have been paid by the institution itself, executing the transfer of the amount thus deducted to the crediting institution.
