Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_92a
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 92A
Character Range: 360495–361664

92A  Setting off arrears of family assistance of person against another person's debt

 (1) If:
 (a) a person (the debtor):
 (i) has a debt under this Act or under the Data‑matching Program (Assistance and Tax) Act 1990, the Farm Household Support Act 1992, the Social Security Act 1947, the Social Security Act 1991 or the Student Assistance Act 1973; or
 (ii) had incurred a debt under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; and
 (b) another person (the consenting person) is entitled to an amount by way of arrears of family assistance; and
 (c) for the purpose of the recovery of the debt, the consenting person consents to the deduction of an amount from the consenting person's arrears;
the Secretary may determine that the whole or a part of the entitlement to arrears is to be set off against the debt.

 (2) Subsection (1) does not apply to an entitlement to arrears of child care benefit.

 (3) If the Secretary makes a determination under subsection (1), the amount of the entitlement to arrears and the amount of the debt are reduced accordingly.

 (4) The consenting person may revoke the consent at any time.