Document ID: chunk:federal_register_of_legislation:F2024C01295:reg:4:p18
Version: federal_register_of_legislation:F2024C01295
Segment Type: reg
Provision Reference: reg 4 (pt 18/35)
Character Range: 50397–53063

the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
 (d) had the event happened on or before the day the advance was paid:
 (i) the advance would not have been paid; or
 (ii) the advance would have been reduced.
Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:
(a) a determination relating to the person's eligibility for the clean energy underlying payment to which the advance related; and
(b) the determination of the person's eligibility for the clean energy advance.
Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).

Creation and amount of debt
 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.
 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.

Relationship with sections of Act
 3A.9.1 The provisions of the Act under which debts arise do not apply in relation to clean energy advances to which paragraph 3A.7.1 applies.
 3A.9.2 A debt that arises under paragraph 3A.8.1 or 3A.8.2 is a recoverable amount within the meaning of subsection 205(8) of the Act.

Multiple entitlement exclusion ‑ Clean Energy advance
 3A.10.1 Despite any provision of the VCES a person is not eligible for a clean energy advance under the VCES:
 (1) if the person has previously been paid, or is eligible or qualified for, a clean energy advance under:
 (a) the Social Security Act 1991; or
 (b) the MRCA in relation to a MRCA wholly dependent partner payment; or
 (c) ABSTUDY; or
 (d) the MRCAETS (in relation to the same period); or
 (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or
 (2) if the person has previously been paid a clean energy advance under the VCES in relation to the same period.
 3A.10.2 A person to whom paragraph 3A.10.1 applies may still be eligible for a top‑up payment.

Division 2—Energy supplement and quarterly Energy supplement

Energy supplement
 3A.11.1 This paragraph applies to a person for a day if:
 (a) the person receives for the day a clean energy underlying payment;