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Social Security Act 2018

Obligations - Beneficiaries’ obligations - General obligations: obligations in relation to overseas pensions

176: Failure to comply with MSD’s notice given under section 174 or 175

You could also call this:

“What happens if you don't follow MSD's instructions about overseas pensions”

If you receive a notice from MSD under section 174 or 175 and don’t follow it, there can be consequences. If you’re applying for a benefit, MSD might not give it to you. If you’re already getting a benefit, or if your spouse or partner is, MSD might stop the payments for a while.

If MSD stops your benefit payments, they will start again when you show them that you’ve tried your best to get the overseas pension. If you don’t do this, MSD might cancel your benefit completely after 40 working days.

When MSD gives you a notice, it’s important to do what it says. This helps make sure you keep getting your benefit or that your application for a benefit isn’t refused.

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175: MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant, or

“MSD can ask you to help your dependant get a pension from another country”

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177: Applicant for benefit must provide information as to rate of overseas pension, or

“You must tell the government about any overseas pensions when you ask for help with money”

Part 3 Obligations
Beneficiaries’ obligations: General obligations: obligations in relation to overseas pensions

176Failure to comply with MSD’s notice given under section 174 or 175

  1. This section applies if a person to whom a notice has been given under section 174 or 175 fails to comply with that notice.

  2. MSD may—

  3. in the case of an applicant for a benefit, refuse to grant the benefit:
    1. in the case of a beneficiary or his or her spouse or partner, suspend the benefit.

      1. A benefit suspended under subsection (2)(b) remains suspended until—

      2. the beneficiary or his or her spouse or partner satisfies MSD that he or she has taken all reasonable steps to obtain the overseas pension; or
        1. MSD cancels the benefit under subsection (4).

          1. MSD may, not less than 40 working days after suspension of a benefit under subsection (2)(b), cancel the benefit from the date that MSD determines.

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