Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:1_28
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 16398–17949

28  Ancillary benefits relating to the Social Security Act 1991 and the Social Security (Administration) Act 1999

(1) If, before the commencing day, a thing (other than the payment of money) was done:
 (a) as if a pre‑commencement payment or an excess amount were exceptional circumstances relief payment under the Principal Act; and
 (b) as if either or both of the Social Security Act 1991 and the Social Security (Administration) Act 1999 operated in relation to the payment;
then the thing is, for all purposes, taken to be as valid, and always to have been as valid, as it would have been if the pre‑commencement payment or excess amount had been exceptional circumstances relief payment under the Principal Act as amended by this Schedule and the Social Security Act 1991 and the Social Security (Administration) Act 1999 had operated.

(2) If an amount of money has been paid by the Commonwealth because a thing referred to in subitem (1) was done, the amount may be recovered by the Commonwealth from the person to whom the amount was paid as a debt due to the Commonwealth.

(3) A person to whom an amount referred to in subitem (2) was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5) The Commonwealth may set‑off classes of debt under subsection (4).