(1) If, apart from this subsection, the Commonwealth does not have power under this Act or a regulation made for the purposes of section 50 to pay an amount (the relevant amount ) to a person (the recipient ) purportedly as an advance or as financial assistance under such a regulation, then the Commonwealth may pay the relevant amount to the recipient.
(2) If a payment is made under subsection ( 1) to the recipient, the relevant amount:
(a) is a debt due to the Commonwealth by the recipient; and
(b) may be recovered by the Secretary, on behalf of the
Commonwealth, in a court of competent jurisdiction.