Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1223:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1223 (pt 1/4)
Character Range: 2724904–2727446

1223  Debts arising from lack of qualification, overpayment etc.
 (1) Subject to this section, if:
 (a) a social security payment is made; and
 (b) a person who obtains the benefit of the payment was not entitled for any reason to obtain that benefit;
the amount of the payment is a debt due to the Commonwealth by the person and the debt is taken to arise when the person obtains the benefit of the payment.
 (1AA) If a social security payment is made to, or as directed or authorised by, the person who is entitled to obtain the benefit of the payment, subsection (1) does not apply to any other person who afterwards obtains the benefit of the payment unless the other person obtained the benefit because of a mistake made by the first person in connection with the giving of the direction or authorisation.
 (1AB) Without limiting by implication the circumstances to which paragraph (1)(b) applies apart from this subsection, a person who obtained the benefit of a social security payment is taken not to have been entitled to obtain the benefit if the payment should not have been made for any one or more of the following reasons:
 (a) the payment was made to the person by mistake as a result of a computer error or an administrative error;
 (b) the person for whose benefit the payment was intended to be made was not qualified to receive the payment;
 (c) the payment was not payable;
 (d) the payment was made as a result of a contravention of the social security law, a false statement or a misrepresentation;
 (e) the payment was made in purported compliance with a direction or authority given by the person who was entitled to obtain the benefit of the payment but the direction or authority had been revoked or withdrawn before the payment was made;
 (f) the payment was intended to be made for the benefit of someone else who died before the payment was made.
 (1AC) If a social security payment was made by mistake as a result of a computer error or an administrative error, subsection (1) applies:
 (a) whether or not the payment was made under a determination that had effect at the time when the payment was made; and
 (b) whether or not a determination in relation to the payment could be made after that time with effect from and including that time.
 (1AD) Subsection (1AC) does not apply if the social security payment was made when it should not have been made because of the occurrence of an event or a change in circumstances where the event or change had not been notified to the Secretary but no valid requirement