Document ID: chunk:federal_register_of_legislation:C2010C00287:clause:1_1223abaa
Version: federal_register_of_legislation:C2010C00287
Segment Type: clause
Provision Reference: sch 1 cl 1223ABAA
Character Range: 7274–9855

1223ABAA  Debts arising in respect of one‑off payments to older Australians

 (1) This section applies in relation to an individual who has been paid a 2006 one‑off payment to older Australians (the relevant payment) under Part 2.2C.

 (2) If the individual qualified for the relevant payment because of subsection 93Y(2), a relevant determination is a determination made under Part 3 of the Administration Act because of which the individual was receiving the payment referred to in paragraph 93Y(2)(b).

 (3) If the individual qualified for the relevant payment because of subsection 93Y(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under Part 3 of the Administration Act because of which the person was granted the seniors health card.

 (4) If the individual qualified for the relevant payment because of subsection 93Y(4), a relevant determination is a determination made under Part 3 of the Administration Act because of which the individual was receiving the allowance referred to in paragraph 93Y(4)(a).

 (5) If:
 (a) after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to 9 May 2006 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and
 (b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and
 (c) had the change, revocation, setting aside or superseding occurred on or before 9 May 2006, the relevant payment would not have been made;
the amount of the relevant payment is a debt due to the Commonwealth by the individual.

 (6) If:
 (a) an individual qualified for the relevant payment because of subsection 93Y(3) and because of having claimed a seniors health card; and
 (b) the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and
 (c) but for that statement or information, the relevant payment would not have been paid to the individual;
the amount of the relevant payment is a debt due to the Commonwealth by the individual.

 (7) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.

Social Security (Administration) Act 1999