Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1223aba:p5
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1223ABA (pt 5/5)
Character Range: 2756313–2758703

of:
 (i) 2008 one‑off payment to carers (carer payment related); or
 (ii) 2008 one‑off payment to carers (wife pension related); or
 (iii) 2008 one‑off payment to carers (partner service pension related); or
 (iv) 2008 one‑off payment to carers (carer service pension related); or
 (v) 2008 one‑off payment to carers (carer allowance related).

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 the relevant date or a period that includes the relevant date, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 the relevant date, 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 the relevant date or a period that includes the relevant date, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 the relevant date, 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 apply in relation to one‑off payment to carers
 (6) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.