Document ID: chunk:federal_register_of_legislation:C2024C00866:section:205:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 205 (pt 1/4)
Character Range: 1885422–1887950

205  Recovery of overpayments
 (1) This section applies where:
 (a) in consequence of a false statement or representation, or of a failure or omission to comply with this Act, the regulations or any other legislative instrument made under this Act, an amount has been paid by way of pension, allowance or other pecuniary benefit under this Act that would not have been paid but for the false statement or representation or but for the failure or omission; or
 (b) an amount has been paid to a person under a prescribed educational scheme that was not lawfully so payable; or
 (c) an amount has purported to have been paid by way of pension, allowance or other pecuniary benefit under this Act, the Social Security Act, the Social Security Act 1947 or the Seamen's War Pensions and Allowances Act 1940 that was not lawfully so payable; or
 (ca) an amount has been paid by way of family assistance under the family assistance law that was not lawfully so payable; or
 (cb) an amount has purported to have been paid by way of parental leave pay that was not lawfully so payable; or
 (cd) an amount of compensation (within the meaning of the MRCA) has been paid under the MRCA that should not have been paid; or
 (d) an amount has been paid, whether before or after the commencement of section 32 of the Veterans' Affairs Legislation Amendment Act 1988, by way of pension, allowance or other pecuniary benefit under this Act, the Social Security Act, the Social Security Act 1947 or the Seamen's War Pensions and Allowances Act 1940, and the payment of that amount has since become an unauthorised payment; or
 (e) a person has incurred a debt under another Act (whether before or after the commencement of this paragraph) for failing to repay part or all of an amount that has been paid as described in paragraph (b); or
 (f) a person has incurred a debt under the Social Security Act 1991 (whether before or after the commencement of this paragraph) for failing to repay part or all of an amount that has been paid as described in paragraph (c) or (d); or
 (fa) a person has incurred a debt under subsection 204(2); or
 (g) a person has received an advance payment of pension under Part II, III or IV or of income support supplement.
 (1AB) If:
 (a) a person has received an advance payment of a pension under Part II, III or IV or of an income support supplement; and
 (b) the pension or income support supplement ceases to be payable to the person; and
 (c) at the time when the pension or income support supplement ceases to be