Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:1_27:p1
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 1/2)
Character Range: 12923–15365

27  Rate of past payments of exceptional circumstances relief payment

(1) This item applies if, before the commencing day:
 (a) a person received a payment on the basis that, in respect of a period starting on or after 25 September 2007 and ending before the commencing day, the person satisfied:
 (i) the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and
 (ii) the payability criteria in Division 2 of Part 2 of the Principal Act; and
 (b) the payment was calculated using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and
 (c) had the payment been calculated using the formula in that subsection as in force before the commencing day, all or some of the payment (the excess amount) would not have been payable to the person.

(2) An excess amount may be recovered by the Commonwealth from the person to whom the payment was made as a debt due to the Commonwealth.

(3) A person to whom an excess amount was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5) The Commonwealth may set‑off classes of debt under subsection (4).

(6) If:
 (a) an excess amount has been paid to a person in respect of a period; and
 (b) the person did not satisfy, in respect of that period:
 (i) the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and
 (ii) the payability criteria in Division 2 of Part 2 of the Principal Act;
the excess amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7) If:
 (a) an excess amount has been paid to a person as, or as part of, a payment mentioned in subitem (1) in respect of a period; and
 (b) an error was made when calculating the payment in respect of that period using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and
 (c) the excess amount (the paid amount) is greater than the excess amount (the payable amount) that would have been paid as, or as part of, the payment in respect of that period had the error not been made;
an amount equal to