Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1061EK

Advance payment to be absolutely inalienable

Inalienability

             (1)  Subject to subsections (2) and (3) and section 238 and Parts 3B and 3D of the Administration Act, an advance payment under this Part is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Note:          The effect of a garnishee order on an advance payment of a social security entitlement is dealt with in the Part of this Chapter that deals with that social security entitlement. For example, the effect of a garnishee order on an advance payment of age pension is dealt with in Part 2.2 (which deals with age pension).

Payments to Commissioner of Taxation at recipient's request

             (2)  The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient asks the Secretary:

                     (a)  to make the deductions; and

                     (b)  to pay the amounts to be deducted to the Commissioner of Taxation.

Deductions from advance payment with recipient's consent

             (3)  The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient consents under section 1234A to the Secretary making the deductions.

Note:          Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.



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