Document ID: chunk:federal_register_of_legislation:C2006C00617:clause:2_1223aba:p1
Version: federal_register_of_legislation:C2006C00617
Segment Type: clause
Provision Reference: sch 2 cl 1223ABA (pt 1/2)
Character Range: 17043–19779

1223ABA  Debts arising in respect of one‑off payments to carers

 (1) This section applies in relation to an individual (the recipient) who has been paid a payment (the relevant payment) of:
 (a) one‑off payment to carers (carer payment related); or
 (b) one‑off payment to carers (carer allowance related).

What determinations are relevant?

 (2) If the relevant payment is a payment of one‑off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the instalment referred to in section 247 was paid.

 (3) If the relevant payment is a payment of one‑off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the, or an, instalment that satisfied paragraphs 992N(1)(a) and (b) was paid.

Situation in which whole amount is a debt

 (4) If:
 (a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to 11 May 2004 or a period that includes 11 May 2004, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 recipient 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 11 May 2004, the relevant payment would not have been made;
the amount of the relevant payment is a debt due to the Commonwealth by the recipient.

Situation in which part of amount is a debt

 (5) If:
 (a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to 11 May 2004 or a period that includes 11 May 2004, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 recipient 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 11 May 2004, the amount of 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 recipient.

Other provisions under which debts arise generally do not