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SOCIAL SECURITY ACT 1991 - SECT 1223AA

Debts arising from prepayments and certain other payments

             (1)  If:

                     (a)  a person has received a prepayment of a social security payment (other than partner allowance) for a period; and

                     (b)  the person fails to provide a statement under section 67 of the Administration Act in respect of the period;

the amount of the prepayment is a debt due to the Commonwealth.

       (1AA)  If:

                     (a)  a person has received a prepayment of partner allowance in respect of a period; and

                     (b)  the person or the person's partner fails to provide a statement under section 67 of the Administration Act in respect of the period;

the amount of the prepayment is a debt due to the Commonwealth.

          (1A)  If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) or (1AA) does not apply to the prepayment.

             (1B)    If :

                     (a)  a person has received a prepayment of a social security payment for a period; and

                     (b)  the amount of prepayment is more than the amount (if any) (the correct amount ) of social security payment that was payable to the person for the period; and

                     (c)  subsection (1) or (1AA) does not apply to the prepayment;

the difference between the prepayment and the correct amount is a debt due to the Commonwealth.

       (1BA)  If:

                     (a)  a person has, whether before or after the commencement of this subsection, received a payment (the received amount ) of a social security payment (other than parenting allowance) in respect of a period; and

                     (b)  the received amount was calculated having regard to estimated income or anticipated changes of circumstances set out in a statement made in response to a notice under section 67, 68 or 69 of the Administration Act in respect of the period; and

                     (c)  the person's actual income or the circumstances that actually occur are different from those estimated or anticipated; and

                     (d)  the received amount is more than the amount (if any) of the social security payment (the correct amount ) that would have been paid to the person in respect of the period if the income or circumstances set out in the statement had been the person's actual income or the circumstances that actually occurred;

the difference between the received amount and the correct amount is a debt due to the Commonwealth.

Note:          For recipient statement notice see subsection 23(1).

          (1C)  If:

                     (a)  a payment has been made to a person under subsection 47(2) of the Administration Act; and

                     (b)  immediately after the release of the person from gaol or psychiatric confinement:

                              (i)  the person was not qualified for a crisis payment; or

                             (ii)  although the person was qualified for a crisis payment, the payment was not payable to the person;

the amount of the payment is a debt due to the Commonwealth.

          (1D)  If:

                     (a)  a payment has been made to a person under subsection 51(2) of the Administration Act; and

                     (b)  immediately after the release of the person from gaol or psychiatric confinement:

                              (i)  the person was not qualified for the social security pension or benefit claimed; or

                             (ii)  although the person was qualified for the pension or benefit, the pension or benefit was not payable to the person;

the amount of the payment is a debt due to the Commonwealth.

             (2)  In this section:

"prepayment" means:

                     (a)  a payment under section 408GG, 652, 660YGG, 722, 755 or 771KL of this Act as in force immediately before 20 March 2000; or

                     (b)  a payment made in accordance with section 57 of the Administration Act.



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