Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p18
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 43220–45937

agreement, the Secretary must waive $10,000 of the debt (the difference between the unpaid amount of $30,000 and the agreed amount of $20,000).

Notice is a disallowahle instrument

"(7) A notice described in the definition of interest in subsection (6) is a disallowable instrument.

Waiver where debtor or debtor's partner would have been entitled to an allowance

Waiver if there was an unclaimed entitlement to family payment or family allowance

"1237AAC.(1) If:

SCHEDULE 3—continued

   (a) a debt arises from overpayments made to the debtor; and

   (b) the debtor or the debtor's partner does not claim family payment or family allowance for the period when the overpayments were made; and

   (c) an amount of family payment or family allowance would have been payable for the period when the overpayments were made if the debtor or the debtor's partner had lodged a claim;

the Secretary must waive the right to recover the debt to the extent set out in subsection (2).

Amount of debt Secretary must waive

"(2) The Secretary must waive under subsection (1) the right to recover the amount of debt equal to the amount of family payment or family allowance that would have been payable to the debtor or the debtor's partner in the 3-year period ending on the day the overpayment is stopped if:

(a) the overpayments had not been made to the debtor; and

(b) the debtor or the debtor's partner had lodged a claim for the payment.

Reference to amount of family payment or family allowance is a reference to basic rate of payment or allowance only

"(3) For the purposes of subsection (2):

    (a) an amount of family payment is the minimum standard family payment rate plus any guardian allowance that is payable plus any large family supplement that is payable; and

    (b) an amount of family allowance does not include multiple birth allowance.

Waiver if there was an unclaimed entitlement to parenting allowance

"(4) If:

    (a) a debt arises from overpayments to the debtor; and

    (b) the Secretary is satisfied that the overpayments did not result wholly or partly from the debtor or another person knowingly:

(i) making a false statement or false representation; or

(ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and

    (c) the debtor or the debtor's partner did not claim parenting allowance for the period (the overpayment period) when the overpayments were made; and

    (d) an amount of parenting allowance would have been payable for that period if the debtor or the debtor's partner had lodged a claim;

SCHEDULE 3—continued

the Secretary must waive the right to recover the debt to the extent set out in subsection (5).

Waiver of amount equal