Document ID: chunk:federal_register_of_legislation:C2009A00035:clause:1_1223abc
Version: federal_register_of_legislation:C2009A00035
Segment Type: clause
Provision Reference: sch 1 cl 1223ABC
Character Range: 9092–11106

1223ABC  Debts in respect of carer supplement for 2009
 (1) This section applies if:
 (a) carer supplement for 2009 is paid to a person; and
 (b) after it is paid, a determination under Part 3 of the Administration Act or under the Veterans' Entitlements Act because of which any of the following instalments was paid is or was (however described) changed, revoked, set aside, or superseded by another determination:
 (i) a qualifying instalment (see section 992X);
 (ii) an instalment of wife pension affecting the amount of the carer supplement paid;
 (iii) an instalment of partner service pension under the Veterans' Entitlements Act affecting the amount of the carer supplement paid; and
 (c) the decision to change, revoke, set aside or supersede the earlier determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information.

When the whole payment is a debt
 (2) The amount of the carer supplement paid to the person is a debt due to the Commonwealth by the person if carer supplement for 2009 would not have been paid to the person had the change, revocation, setting aside or superseding occurred on or before 12 May 2009.

When part of the payment is a debt
 (3) If the amount of carer supplement for 2009 paid to the person would have been reduced had the change, revocation, setting aside or superseding occurred on or before 12 May 2009, the amount by which the carer supplement paid to the person would have been reduced is a debt due to the Commonwealth by the person.

Limit on debts under this section
 (4) The total of debts arising under this section in relation to the carer supplement paid to the person cannot exceed the amount of the carer supplement.

Most other provisions under which debts arise do not apply
 (5) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments of carer supplement for 2009.