Document ID: chunk:federal_register_of_legislation:C2024C00866:section:205:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 205 (pt 2/4)
Character Range: 1887735–1890380

II, III or IV or of an income support supplement; and
 (b) the pension or income support supplement ceases to be payable to the person; and
 (c) at the time when the pension or income support supplement ceases to be payable the person has not repaid the whole of the advance payment;
the amount that has not been repaid is a debt due to the Commonwealth.
 (1A) Where this section applies, the recoverable amount shall, subject to section 205AA and unless the Commission takes action under paragraph 206(1)(a) or (b) in respect of that amount, be recovered in any one or more of the ways provided by subsections (1B), (1C) and (1D) and section 205A.
 (1B) A recoverable amount may be recovered by deductions under subsection (2).
 (1C) A recoverable amount, other than an excluded amount, may be recovered:
 (a) by proceedings in a court of competent jurisdiction from the person to whom, or on whose account, the amount was paid, or from the estate of that person, as a debt due to the Commonwealth; or
 (b) partly by proceedings referred to in paragraph (a) and partly by deductions under subsection (2).
 (1D) A recoverable amount may be recovered by instalments in accordance with a determination made under paragraph 206(1)(c).
 (2) If:
 (a) an amount (overpayment) has been paid as described in paragraph (1)(a), (b), (c), (ca), (cb), (cd) or (d) to a person; or
 (b) a person has incurred a debt as described in paragraph (1)(e), (f) or (fa) or subsection (1AB);
an amount not exceeding the amount of the overpayment or debt may (whether or not proceedings have been instituted in a court to recover the overpayment or debt) be recovered by deductions:
 (c) from a pension, allowance or pecuniary benefit payable to that person under this Act; or
 (d) from any amount that, because of the person's death is to be dealt with in accordance with sections 123A to 123E (inclusive); or
 (e) with the consent of another person, from any pension, allowance or other pecuniary benefit payable to that other person under this Act;
but the total amount recovered, whether by deduction or by proceedings in a court or both, is not to exceed the amount of the overpayment or debt.
 (3) Where deductions have commenced to be made under subsection (2) to recover an amount (in this subsection referred to as the overpayment) but the whole of the overpayment has not been recovered at the end of the period applicable under subsection 206(2), to the institution of proceedings to recover the overpayment, deductions may continue to be made under subsection (2) of this section until the balance of the overpayment has been recovered, notwithstanding that