Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p64
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 162249–165087

the person nominates an account for the purposes of subsection (2); the amount is to be paid under subsection (2).

"(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).

"(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.

"Division 6—Protection of advance payment

Advance payment to be absolutely inalienable

Inalienability

"1061EK.(1) Subject to subsections (2) and (3) and section 1359, an advance payment under this Part is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

   Note: The effect of a garnishee order on an advance payment of a social security entitlement is dealt with in the Part of this Chapter that deals with that social security entitlement. For example, the effect of a garnishee order on an advance payment of age pension is dealt with in Part 2.2 (which deals with age pension).

Payments to Commissioner of Taxation at recipient's request

"(2) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient asks the Secretary:

    (a) to make the deductions; and

    (b) to pay the amounts to be deducted to the Commissioner of Taxation.

   Note: The Secretary must make deductions from a person's social security payment if requested by the Commissioner of Taxation (see section 1359).

SCHEDULE 12—continued

Deductions from advance payment with recipient's consent

"(3) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient consents under section 1234A to the Secretary making the deductions.

    Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

"Division 7—Repayment of advance payment

Repayment of advance payment

"1061EL.(1) If a person receives an advance payment or an instalment of an advance payment under this Part, the person must repay the advance payment or instalment to the Commonwealth by one or more of the following methods:

    (a) deductions from the person's social security entitlement under Chapter 3 (General provisions relating to payability and rates);

    (b) a method provided for by Chapter 5 (Overpayments and debt recovery);

    (c) a method (other than a method described in paragraph (a) or (b)) that is acceptable to both the person and the Secretary.

"(2) Subsection (1) does not affect:

    (a) the operation of subsection 1224E(1) (Debts arising from advance payments of social security entitlements); or

    (b) the Secretary's powers and duties under Part 5.4 (Non-recovery of debts) if the amount of