Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p22
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 22/26)
Character Range: 539126–541758

95—Recovery of overpayments

95‑1  Recoverable amounts
 (1) If the Commonwealth pays an amount to a person by way of *subsidy, any part of the amount that is an overpayment is a recoverable amount.
 (2) If:
 (a) the Commonwealth pays an amount to a person by way of a grant under Chapter 5; and
 (b) a condition to which the grant is subject is not met;
the amount of the grant (or so much of the amount as the Secretary determines) is a recoverable amount.
 (3) The *Commonwealth portion of a care recipient's *unspent home care amount is a recoverable amount if:
 (a) the unspent home care amount relates to *home care subsidy, or home care fees, paid to an approved provider; and
 (b) after this subsection commenced, the approved provider was paid an amount of home care subsidy in respect of the care recipient (whether or not the unspent home care amount relates to that payment of subsidy); and
 (c) the Commonwealth portion is not payable under the User Rights Principles to any other approved provider of home care.

95‑2  Recoverable amount is a debt
  A *recoverable amount is a debt due to the Commonwealth and may be recovered by the Commonwealth in a court of competent jurisdiction.

95‑3  Recovery by deductions from amounts payable to debtor
  If an approved provider is liable to pay a *recoverable amount, the amount (or part of it) may be deducted from one or more other amounts payable to the approved provider under this Act or the Aged Care (Transitional Provisions) Act 1997.

95‑4  Recovery where there is a transfer of places
  If:
 (a) a person is liable to pay a *recoverable amount because of an overpayment in respect of an *aged care service; and
 (b) all allocated *places included in the aged care service have been transferred to another person (the transferee) under Division 16;
the recoverable amount (or part of it) may be deducted from one or more other amounts payable to the transferee under this Act or the Aged Care (Transitional Provisions) Act 1997.

95‑5  Refund to transferee if Commonwealth makes double recovery
 (1) If:
 (a) a person (the debtor) is liable to pay a *recoverable amount under this Part; and
 (b) the Commonwealth recovers the amount (or part of it) from another person (the transferee) by way of deductions under section 95‑4; and
 (c) the Commonwealth later recovers the amount (or part of it) from the debtor;
the Commonwealth is liable to make a refund to the transferee.
 (2) The refund payable to the transferee is the smaller of the following amounts:
 (a) the total amount recovered from the transferee by way of deductions under section 95‑4;
 (b) the amount