Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_71
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 71
Character Range: 340435–341367

71  Debts arising in respect of family assistance other than child care benefit and family tax benefit advance

No entitlement to amount—debt generally owed by person

 (1) Subject to subsection (2), if:
 (a) an amount has been paid to a person by way of family tax benefit, maternity allowance or maternity immunisation allowance (the assistance) in respect of a period or event; and
 (b) the person was not entitled to the assistance in respect of that period or event;
the amount so paid is a debt due to the Commonwealth by the person.

Overpayment

 (2) If:
 (a) an amount (the received amount) has been paid to a person by way of assistance; and
 (b) the received amount is greater than the amount (the correct amount) of assistance that should have been paid to the person under the family assistance law;
the difference between the received amount and the correct amount is a debt due to the Commonwealth by the person.