Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:1_26:p1
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 1 cl 26 (pt 1/2)
Character Range: 10030–12603

26  Past payments in the nature of exceptional circumstances relief payment

(1) This item applies if, before the commencing day, a person received a payment (a pre‑commencement payment) on the basis that the following were satisfied in respect of a period starting on or after 25 September 2007 and ending before the commencing day:
 (a) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);
 (b) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2) A pre‑commencement payment 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 a pre‑commencement payment was made 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) a pre‑commencement payment has been paid to a person in respect of a period; and
 (b) the person did not satisfy, in respect of that period:
 (i) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule); and
 (ii) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule);
the pre‑commencement payment may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7) If:
 (a) a pre‑commencement payment has been paid to a person in respect of a period; and
 (b) the amount of the pre‑commencement payment (the paid amount) is greater than the amount (the payable amount) that would have been payable to the person in respect of that period had the payment been calculated by applying section 24AA of the Principal Act (as amended by this Schedule) to the person as if the person were qualified for exceptional circumstances relief payment under subsection 8A(7) of that Act (as inserted by this Schedule);
an amount equal to the difference between the paid amount and the payable amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(8) A debt that is recoverable under subitem (6) or (7) is, for the purposes of sections 1227A and 1231A of the Social Security Act