Document ID: chunk:federal_register_of_legislation:C2017A00004:clause:2_10d
Version: federal_register_of_legislation:C2017A00004
Segment Type: clause
Provision Reference: sch 2 cl 10D
Character Range: 31281–32776

10D  Loading in respect of voluntary repayments

When this section applies
 (1) This section applies if:
 (a) the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and
 (b) the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and
 (c) the repayment is made more than 28 days after the day the claim was made; and
 (d) the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and
 (e) section 10C does not apply.

Reduction of future benefits
 (2) If an amount is payable to the recipient by way of benefit, then:
 (a) an amount (the loading amount) equal to 25% of the repayment; or
 (b) such part of the loading amount as the Secretary determines;
may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient.
 (3) The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2).

Effect of voluntary payment of loading amount
 (4) If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.