Document ID: chunk:federal_register_of_legislation:C2024C00866:section:205:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 205 (pt 3/4)
Character Range: 1890115–1892806

end of the period applicable under subsection 206(2), to the institution of proceedings to recover the overpayment, deductions may continue to be made under subsection (2) of this section until the balance of the overpayment has been recovered, notwithstanding that the period during which proceedings may be instituted to recover the balance of the overpayment has expired.
 (7) The payment of an amount paid by way of pension, allowance or other pecuniary benefit becomes an unauthorised payment if:
 (a) the decision pursuant to which the payment was made is:
 (i) set aside; or
 (ii) varied, so that a lesser amount, or no amount, is payable by way of pension, allowance or other pecuniary benefit;
  by any person, body, tribunal or court; and
 (b) the setting aside or variation has effect from the date, or from a date earlier than the date, of the payment.
 (8) In this section:
excluded amount means:
 (a) a recoverable amount arising by virtue of the payment of an amount as mentioned in paragraph (1)(b); or
 (b) a recoverable amount arising by virtue of the payment of an amount as mentioned in paragraph (1)(c) or (d) under the Social Security Act or the Social Security Act 1947; or
 (ba) a recoverable amount arising by virtue of the payment of an amount as mentioned in paragraph (1)(ca), (cb) or (cd); or
 (c) a recoverable amount arising because of a debt incurred as mentioned in paragraph (1)(e), (f) or (fa) or subsection (1AB).
family assistance has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.
prescribed educational scheme means:
 (a) the Aboriginal Overseas Study Assistance Scheme; or
 (b) the ABSTUDY Scheme; or
 (c) the Assistance for Isolated Children Scheme; or
 (e) the English as a Second Language Allowance Scheme; or
 (f) the Post‑graduate Awards Scheme; or
 (g) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or
 (h) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or
 (j) a scheme prescribed for the purposes of this definition.
recoverable amount means:
 (a) where an amount has been paid as mentioned in paragraph (1)(a), (b), (c), (ca), (cb) or (cd)—an amount equal to that amount; or
 (b) where an amount has been paid as mentioned in paragraph (1)(d) pursuant to a decision that is set aside as mentioned in subsection (7)—an amount equal to that amount; or
 (c) where an amount has been paid as mentioned in paragraph (1)(d) pursuant to a decision that is varied as mentioned in subsection (7)—an amount equal to the