Document ID: chunk:federal_register_of_legislation:C2012A00109:clause:1_168a
Version: federal_register_of_legislation:C2012A00109
Segment Type: clause
Provision Reference: sch 1 cl 168A
Character Range: 50022–51715

168A  Dad and partner pay debts
 (1) This section applies if:
 (a) the Secretary pays an amount (the Secretary payment) to, or in relation to, a person for a child by way of dad and partner pay; and
 (b) the total of Secretary payments paid for the child exceeds the total of amounts that are payable to, or in relation to, the person for the child under Part 3A‑5 (which deals with the payment of dad and partner pay by the Secretary).
Note: Dad and partner pay may cease to be payable after it has already been paid, if the payability determination is later set aside or varied.
 (2) An amount equal to the amount of the excess is a debt due to the Commonwealth by the person.
Example: If no dad and partner pay is payable to, or in relation to, a person for the child, the amount of the excess is the total amount of the Secretary payments.
 (3) The debt under subsection (2) arises:
 (a) if the person has a DAPP period for the child—immediately after the end of the person's DAPP period; or
 (b) otherwise—when subsection (1) starts to apply in relation to a Secretary payment.
Note 1: The person does not have a DAPP period for the child if a payability determination that dad and partner pay is payable to the person for the child has not been made, or has been set aside. In such a case, a debt will arise as soon as there is an excess as referred to in subsection (1).
Note 2: This section may apply to overpayments by way of payments that are mistakenly paid. For example, an overpayment or mistaken payment may arise due to administrative error, the setting aside or variation of a payability determination or payments following a stay order under subsection 41(2) of the AAT Act.