Document ID: chunk:federal_register_of_legislation:C2011A00053:clause:1_71a:p1
Version: federal_register_of_legislation:C2011A00053
Segment Type: clause
Provision Reference: sch 1 cl 71A (pt 1/3)
Character Range: 32749–35325

71A  Debts arising in respect of family tax benefit advances

No entitlement to advance
 (1) If:
 (a) a family tax benefit advance has been paid to an individual; and
 (b) the individual was not entitled to the advance;
the amount so paid is a debt due to the Commonwealth by the individual.

Overpayment
 (2) If:
 (a) an amount (the received amount) of family tax benefit advance has been paid to an individual; and
 (b) the received amount is greater than the amount (the correct amount) of family tax benefit advance that should have been paid to the individual under the family assistance law;
the difference between the received amount and the correct amount is a debt due to the Commonwealth by the individual.

Debt arising during the repayment period for a family tax benefit advance
 (3) If:
 (a) an individual is paid a family tax benefit advance; and
 (b) the repayment period for the advance has not expired; and
 (c) one of the following occurs:
 (i) the individual ceases to be entitled to be paid family tax benefit by instalment;
 (ii) the individual's Part A rate becomes nil (before reduction under clause 5 or 25A of Schedule 1 to the Family Assistance Act);
the amount of unrepaid family tax benefit advance becomes a debt due to the Commonwealth by the individual.

Debt arising due to variation or review after the repayment period for a family tax benefit advance has expired
 (4) If:
 (a) an individual is paid a family tax benefit advance; and
 (b) the individual's Part A rate has been reduced under clause 5 or 25A of Schedule 1 to the Family Assistance Act to repay the advance; and
 (c) the repayment period for the advance has expired; and
 (d) due to a variation in a determination, or a variation or substitution of a decision on review (other than a variation under subsection 28(2) or (6)), the reduction in the individual's Part A rate under clause 5 or 25A of Schedule 1 to the Family Assistance Act has not been sufficient to repay the advance; and
 (e) at the time of the variation of the determination, or the variation or substitution of the decision on review:
 (i) the individual is not entitled to be paid family tax benefit by instalment; or
 (ii) the individual's Part A rate is nil (before reduction under clause 5 or 25A of Schedule 1 to the Family Assistance Act);
the amount of the family tax benefit advance left unrepaid as a result of the variation of the determination, or the variation or substitution of the decision on review, becomes a debt due to the Commonwealth by the individual.
Note: If the individual is entitled