Document ID: chunk:federal_register_of_legislation:C2004A04955:body:0:p15
Version: federal_register_of_legislation:C2004A04955
Segment Type: other
Provision Reference: 
Character Range: 36305–39059

person's social security payment that was greater than the amount that should have been added under this Act; or

          (ii) if the person was receiving a job search allowance—the rate of the person's job search allowance was increased by an amount of job search training supplement that was greater than the amount by which it should have been so increased under this Act; or

          (iii) if the person was receiving a newstart allowance—the rate of the person's newstart allowance was increased by an amount of newstart training allowance that was greater than the amount by which it should have been so increased under this Act;

   the difference between the received amount and the amount of social security payment that would have been paid to the person under this Act if the amount had been calculated by using the correct amount of remote area allowance, job search training supplement or newstart training supplement (as the case may be) is a debt due to the Commonwealth.".

Division 17—Waiver of debts

Application

39. Section 1236A of the Principal Act is amended by omitting "and 1237A" and substituting ", 1237A and 1237AB".

Insertion of section

40. After section 1237A of the Principal Act the following section is inserted:

Secretary may waive debts of a particular class

"1237AB.(1) The Secretary may, on behalf of the Commonwealth, decide to waive the Commonwealth's right to recover debts arising under or as a result of this Act that are included in a class of debts specified by the Minister by notice published in the Gazette.

"(2) A decision under subsection (1) takes effect:

(a) if no day is specified in the decision—on the day on which the decision is made; or

    (b) if a day is specified in the decision—on the day so specified (whether that day is before, after or on the day on which the decision is made).

"(3) A notice referred to in subsection (1):

    (a) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; and

    (b) is deemed not to specify a class of debts for the purposes of that subsection before the expiration of the time within which the notice may be disallowed by each House of the Parliament.".

Division 18—Amendments consequential upon income support supplement becoming payable under the Veterans' Entitlements Act

General definitions

41. Section 23 of the Principal Act is amended by inserting in subsection (1):

" 'income support supplement' means income support supplement under Part IIIA of the Veterans' Entitlements Act;".

Qualification for carer pension

42. Section 198 of the Principal Act is amended:

    (a) by omitting from subparagraph (l)(d)(i) "or a service pension" and substituting ", a service pension or income