Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1237aac:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1237AAC (pt 1/3)
Character Range: 2841741–2844302

1237AAC  Waiver where debtor or debtor's partner would have been entitled to an allowance

Waiver if there was an unclaimed entitlement to family payment or family allowance
 (1) If:
 (a) a debt arises from overpayments made to the debtor; and
 (b) the debtor or the debtor's partner does not claim family payment or family allowance for the period when the overpayments were made; and
 (c) an amount of family payment or family allowance would have been payable for the period when the overpayments were made if the debtor or the debtor's partner had lodged a claim;
the Secretary must waive the right to recover the debt to the extent set out in subsection (2).
 (1A) If:
 (a) a debt arises from overpayments to a youth allowance recipient (the debtor); and
 (b) the debtor would have been an FA child of another person for the period when the overpayments were made if the debtor had not been a youth allowance recipient; and
 (c) an amount of family allowance would have been payable to the other person in respect of the debtor for the period when the overpayments were made if:
 (i) the debtor had been an FA child of the other person for that period; and
 (ii) the other person had lodged a claim;
the Secretary must waive the debt to the extent set out in subsection (2A).

Amount of debt Secretary must waive
 (2) The Secretary must waive under subsection (1) the right to recover the amount of debt equal to the amount of family payment or family allowance that would have been payable to the debtor or the debtor's partner in the 3‑year period ending on the day the overpayment is stopped if:
 (a) the overpayments had not been made to the debtor; and
 (b) the debtor or the debtor's partner had lodged a claim for the payment.
 (2A) The Secretary must waive under subsection (1A) the right to recover the amount of debt equal to the amount of family allowance that would have been payable to the other person in the 3‑year period ending on the day on which the overpayment is stopped if:
 (a) the debtor had been an FA child of the person; and
 (b) the other person had lodged a claim for family allowance.

Reference to amount of family allowance is a reference to minimum rate plus guardian allowance and large family supplement
 (3) For the purposes of subsections (2) and (2A):
 (a) an amount of family allowance is the minimum standard family allowance rate plus any guardian allowance that is payable plus any large family supplement that is payable; and
 (b) an amount of family allowance does not include multiple birth allowance.

Waiver if