Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1223:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1223 (pt 2/4)
Character Range: 2727223–2729792

social security payment was made when it should not have been made because of the occurrence of an event or a change in circumstances where the event or change had not been notified to the Secretary but no valid requirement for notification had been made under the social security law.
 (1AE) If subsection (1AC) applies in respect of a social security payment:
 (a) Divisions 8, 9 and 10 of Part 3 of the Social Security (Administration) Act 1999 are to be disregarded; and
 (b) any determination made under section 79 or 80 of that Act to correct the error in the payment takes effect from the date stated in the determination; and
 (c) the date so stated may be a date earlier than the date on which the determination is made.
 (1AF) Except in the circumstances referred to in subsection (1AG), subsection (1) does not apply to a payment made under subsection 47(2) or 51(2) of the Administration Act.
 (1AG) Subsection (1) applies to a payment made to a person under subsection 47(2) or 51(2) of the Administration Act if the person is released from gaol or psychiatric confinement on a day after the day that is the person's expected release day for the purposes of section 35 of the Administration Act.

Some carer payment overpayments are not debts
 (1B) If:
 (a) an amount has been paid to a person (the carer) by way of carer payment because the carer was providing care for a care receiver or care receivers (as defined in subsection 197(1)); and
 (b) the amount was paid on the basis that the carer was qualified for carer payment when the carer was not qualified:
 (i) because an estimate of the income of the care receiver or any of the care receivers was an underestimate; or
 (ii) because an assessment or amended assessment of the income of the care receiver or any of the care receivers had been amended as described in paragraph 198B(2)(b), (c) or (d); or
 (iii) because of the occurrence, or the likelihood of the occurrence, of an event in respect of which the Department had not been informed in accordance with a requirement in a notice under section 70 of the Administration Act;
the amount is not a debt due to the Commonwealth.

Some carer payment overpayments are debts if carer knew about care receiver's affairs
 (1C) Despite subsection (1B), an amount described in subsection (1B) is a debt due to the Commonwealth if it was reasonable for the carer to know that:
 (a) the estimate of the income was incorrect; or
 (b) the assessment or amended assessment had been amended; or
 (c) the Department should have been informed in respect of the