Document ID: chunk:federal_register_of_legislation:C2014C00182:clause:1_118zzvi
Version: federal_register_of_legislation:C2014C00182
Segment Type: clause
Provision Reference: sch 1 cl 118ZZVI
Character Range: 35064–37683

118ZZVI  Debts arising in respect of ETR payment
 (1) This section applies in relation to an individual who has been paid an ETR payment (the relevant payment) under this Part.
 (2) If the individual was eligible for the relevant payment because of subparagraph 118ZZVA(1)(a)(i) or (2)(a)(i) or 118ZZVD(a)(i), a relevant determination is a determination made under paragraph 8.1 of the scheme prepared under section 117.
 (3) If the individual was eligible for the relevant payment because of subparagraph 118ZZVA(1)(a)(ii) or (2)(a)(ii) or 118ZZVD(a)(ii), a relevant determination is a determination made under paragraph 8.1 of the Military Rehabilitation and Compensation Act Education and Training Scheme.
 (4) 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individual, at least so far as it relates to 8 May 2012 is or was (however described) changed, revoked, set aside or superseded by another determination; and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 the day the relevant payment was paid, the relevant payment would not have been made;
the amount of the relevant payment is a debt due to the Commonwealth by the individual.
 (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individual, at least so far as it relates to 8 May 2012, is or was (however described) changed, revoked, set aside or superseded by another determination; and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 the day the relevant payment was paid, the relevant payment would have been reduced;
the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the individual.
 (6) The other provisions of this Act under which debts arise do not apply in relation to payments to which this section applies.
 (7) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).

Part 2—Administrative scheme for ETR payments