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SOCIAL SECURITY ACT 1991 - SECT 1223ABA

Debts arising in respect of one-off payments to carers

             (1)  This section applies in relation to an individual (the recipient ) who has been paid a payment (the relevant payment ) of:

                     (a)  one-off payment to carers (carer payment related); or

                     (b)  one-off payment to carers (carer allowance related); or

                     (c)  2005 one-off payment to carers (carer payment related); or

                     (d)  2005 one-off payment to carers (carer service pension related); or

                     (e)  2005 one-off payment to carers (carer allowance related); or

                      (f)  2006 one-off payment to carers (carer payment related); or

                     (g)  2006 one-off payment to carers (wife pension related); or

                     (h)  2006 one-off payment to carers (partner service pension related); or

                      (i)  2006 one-off payment to carers (carer service pension related); or

                      (j)  2006 one-off payment to carers (carer allowance related); or

                     (k)  2007 one-off payment to carers (carer payment related); or

                      (l)  2007 one-off payment to carers (wife pension related); or

                    (m)  2007 one-off payment to carers (partner service pension related); or

                     (n)  2007 one-off payment to carers (carer service pension related); or

                     (o)  2007 one-off payment to carers (carer allowance related); or

                     (p)  2008 one-off payment to carers (carer payment related); or

                     (q)  2008 one-off payment to carers (wife pension related); or

                      (r)  2008 one-off payment to carers (partner service pension related); or

                      (s)  2008 one-off payment to carers (carer service pension related); or

                      (t)  2008 one-off payment to carers (carer allowance related).

What determinations are relevant?

             (2)  If the relevant payment is a payment of one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the instalment referred to in section 247 was paid.

             (3)  If the relevant payment is a payment of one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the, or an, instalment that satisfied paragraphs 992N(1)(a) and (b) was paid.

          (3A)  If the relevant payment is a payment of 2005 one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the instalment referred to in section 249 of this Act was paid.

          (3B)  If the relevant payment is a payment of 2005 one-off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans' Entitlements Act 1986 because of which the instalment referred to in section 251 of this Act was paid.

          (3C)  If the relevant payment is a payment of 2005 one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the, or an, instalment that satisfied paragraphs 992Q(1)(a) and (b) of this Act was paid.

       (3CA)  If the relevant payment is a payment of 2006 one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 253 of this Act was paid.

        (3CB)  If the relevant payment is a payment of 2006 one-off payment to carers (wife pension related), a relevant determination is:

                     (a)  a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 255 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 255 of this Act was paid.

        (3CC)  If the relevant payment is a payment of 2006 one-off payment to carers (partner service pension related), a relevant determination is:

                     (a)  a determination made under the Veterans' Entitlements Act because of which the instalment of partner service pension referred to in section 257 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 257 of this Act was paid.

       (3CD)  If the relevant payment is a payment of 2006 one-off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans' Entitlements Act because of which the instalment of carer service pension referred to in section 259 of this Act was paid.

        (3CE)  If the relevant payment is a payment of 2006 one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992T of this Act was paid.

        (3CF)  If the relevant payment is a payment of 2007 one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 261 of this Act was paid.

       (3CG)  If the relevant payment is a payment of 2007 one-off payment to carers (wife pension related), a relevant determination is:

                     (a)  a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 263 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 263 of this Act was paid.

       (3CH)  If the relevant payment is a payment of 2007 one-off payment to carers (partner service pension related), a relevant determination is:

                     (a)  a determination made under the Veterans' Entitlements Act because of which the instalment of partner service pension referred to in section 265 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 265 of this Act was paid.

         (3CI)  If the relevant payment is a payment of 2007 one-off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans' Entitlements Act because of which the instalment of carer service pension referred to in section 267 of this Act was paid.

         (3CJ)  If the relevant payment is a payment of 2007 one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WA of this Act was paid.

       (3CK)  If the relevant payment is a payment of 2008 one-off payment to carers (carer payment related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the instalment of carer payment referred to in section 269 of this Act was paid.

        (3CL)  If the relevant payment is a payment of 2008 one-off payment to carers (wife pension related), a relevant determination is:

                     (a)  a determination made under Part 3 of the Administration Act because of which the instalment of wife pension referred to in section 271 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 271 of this Act was paid.

       (3CM)  If the relevant payment is a payment of 2008 one-off payment to carers (partner service pension related), a relevant determination is:

                     (a)  a determination made under the Veterans' Entitlements Act because of which the instalment of partner service pension referred to in section 273 of this Act was paid; or

                     (b)  a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 273 of this Act was paid.

       (3CN)  If the relevant payment is a payment of 2008 one-off payment to carers (carer service pension related), a relevant determination is a determination made under the Veterans' Entitlements Act because of which the instalment of carer service pension referred to in section 275 of this Act was paid.

       (3CO)  If the relevant payment is a payment of 2008 one-off payment to carers (carer allowance related), a relevant determination is a determination made under Part 3 of the Administration Act because of which the, or an, instalment of carer allowance referred to in section 992WD of this Act was paid.

What is the relevant date?

          (3D)  The relevant date is:

                     (a)  11 May 2004, if the relevant payment is a payment of:

                              (i)  one-off payment to carers (carer payment related); or

                             (ii)  one-off payment to carers (carer allowance related); or

                     (b)  10 May 2005, if the relevant payment is a payment of:

                              (i)  2005 one-off payment to carers (carer payment related); or

                             (ii)  2005 one-off payment to carers (carer service pension related); or

                            (iii)  2005 one-off payment to carers (carer allowance related); or

                     (c)  9 May 2006, if the relevant payment is a payment of:

                              (i)  2006 one-off payment to carers (carer payment related); or

                             (ii)  2006 one-off payment to carers (wife pension related); or

                            (iii)  2006 one-off payment to carers (partner service pension related); or

                            (iv)  2006 one-off payment to carers (carer service pension related); or

                             (v)  2006 one-off payment to carers (carer allowance related); or

                     (d)  8 May 2007, if the relevant payment is a payment of:

                              (i)  2007 one-off payment to carers (carer payment related); or

                             (ii)  2007 one-off payment to carers (wife pension related); or

                            (iii)  2007 one-off payment to carers (partner service pension related); or

                            (iv)  2007 one-off payment to carers (carer service pension related); or

                             (v)  2007 one-off payment to carers (carer allowance related); or

                     (e)  13 May 2008, if the relevant payment is a payment of:

                              (i)  2008 one-off payment to carers (carer payment related); or

                             (ii)  2008 one-off payment to carers (wife pension related); or

                            (iii)  2008 one-off payment to carers (partner service pension related); or

                            (iv)  2008 one-off payment to carers (carer service pension related); or

                             (v)  2008 one-off payment to carers (carer allowance related).

Situation in which whole amount is a debt

             (4)  If:

                     (a)  after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to the relevant date or a period that includes the relevant date, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (b)  the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the recipient knowingly made a false or misleading statement, or knowingly provided false information; and

                     (c)  had the change, revocation, setting aside or superseding occurred on or before the relevant date, the relevant payment would not have been made;

the amount of the relevant payment is a debt due to the Commonwealth by the recipient.

Situation in which part of amount is a debt

             (5)  If:

                     (a)  after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to the relevant date or a period that includes the relevant date, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (b)  the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the recipient knowingly made a false or misleading statement, or knowingly provided false information; and

                     (c)  had the change, revocation, setting aside or superseding occurred on or before the relevant date, the amount of the relevant payment would have been reduced;

the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the recipient.

Other provisions under which debts arise generally do not apply in relation to one-off payment to carers

             (6)  Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.



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