Document ID: chunk:federal_register_of_legislation:C2004C01135:clause:4_29
Version: federal_register_of_legislation:C2004C01135
Segment Type: clause
Provision Reference: sch 4 cl 29
Character Range: 220744–222469

29  Subsections 1223(3) and (4)
Repeal the subsections, substitute:

 (3) Subject to subsection (4), if:
 (a) an amount (the received amount) has been paid to a person by way of youth allowance or family allowance; and
 (b) either of the following subparagraphs applies:
 (i) the person's rate of youth allowance is recalculated under section 565F (underestimate of combined parental income or of actual means of family) or 565G (increase in combined parental income);
 (ii) the person's rate of family allowance is recalculated under section 884 (amendment of assessable income), 885 (underestimate of income) or 886 (failure to notify notifiable event);
 (c) the received amount exceeds the amount (the correct amount) of the youth allowance or family allowance, as the case may be, payable to the person;
the excess is a debt due to the Commonwealth.

Note: For the date of effect of a determination made to take account of an amendment of assessable income, see section 890.

 (4) If:
 (a) youth allowance or family allowance is paid to a person in a tax year; and
 (b) an amount of youth allowance or family allowance is recoverable under subsection (3) from the person; and
 (c) apart from this subsection the amount would be recoverable before the end of the tax year;
the following paragraphs have effect:
 (d) if the amount is an amount of youth allowance—it is recoverable only after the end of the tax year;
 (e) if the amount is an amount of family allowance that is recoverable because of:
 (i) an increase in the person's income; or
 (ii) an underestimate of the person's income;
  it is recoverable only after the end of the tax year.

Part 2—Amendments commencing on 1 July 1998

Social Security Act 1991