Document ID: chunk:federal_register_of_legislation:C2004A04955:body:0:p14
Version: federal_register_of_legislation:C2004A04955
Segment Type: other
Provision Reference: 
Character Range: 33708–36550

the rate worked out by using the correct maximum payment rate) was nil;

the received amount is a debt due to the Commonwealth.

      "Note: A person's maximum payment rate (except for family payment) is worked out by following the steps set out in the Method statement in Module A of each relevant Rate Calculator.

Amount calculated using incorrect maximum payment rate—social security payment available

   "(6) If:

      (a) an amount (the 'received amount') has been paid to a person by way of social security payment; and

        (b) the received amount was calculated by using a maximum payment rate that was not the maximum payment rate (the 'correct maximum payment rate') that should have been used in working out the rate of the person's social security payment; and

        (c) the received amount is greater than the amount (the 'correct amount') of social security payment that would have been paid to the person under this Act if the amount had been calculated by using the correct maximum payment rate;

    the difference between the received amount and the correct amount is a debt due to the Commonwealth.

        "Note: A person's maximum payment rate (except for family payment) is worked out by following the steps set out in the Method statement in Module A of each relevant Rate Calculator.";

(b) by omitting paragraph (7)(b) and substituting:

"(b) when the amount was calculated;

          (i) an amount of remote area allowance was added to the rate of the person's social security payment when no such amount should have been added; or

          (ii) if the person was receiving a job search allowance—the rate of the person's job search allowance was increased by an amount of job search training supplement when that rate should not have been so increased; or

          (iii) if the person was receiving a newstart allowance—the rate of the person's newstart allowance was increased by an amount of newstart training supplement when that rate should not have been so increased;";

(c) by adding at the end of subsection (7):

        "Note: For 'job search training supplement' see section 560 and for 'newstart training supplement' see section 644.";

(d) by omitting subsection (8) and substituting:

   Amount calculated using incorrect non-income assets tested add-on amount—add-on amount payable

"(8) If:

        (a) an amount (the 'received amount') has been paid to a person by way of social security payment; and

        (b) when the received amount was calculated:

          (i) an amount of remote area allowance was added to the rate of the person's social security payment that was greater than the amount that should have been added under this Act; or

          (ii) if the person was receiving a job search allowance—the rate of the person's job search allowance was increased by an