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SOCIAL SECURITY ACT 1991 - SECT 1223ABAA

Debts arising in respect of one-off payments to older Australians

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

                     (a)  2006 one-off payment to older Australians under Division 2 of Part 2.2B; or

                     (b)  2007 one-off payment to older Australians under Division 3 of Part 2.2B; or

                     (c)  2008 one-off payment to older Australians under Division 4 of Part 2.2B.

             (2)  If the individual qualified for the relevant payment because of subsection 93Y(2), 93ZA(2) or 93ZC(2), a relevant determination is a determination made under Part 3 of the Administration Act because of which the individual was receiving the payment referred to in paragraph 93Y(2)(b), 93ZA(2)(b) or 93ZC(2)(b).

             (3)  If the individual qualified for the relevant payment because of subsection 93Y(3), 93ZA(3) or 93ZC(3) and because of holding or having held a seniors health card, a relevant determination is a determination made under Part 3 of the Administration Act because of which the person was granted the seniors health card.

             (4)  If the individual qualified for the relevant payment because of subsection 93Y(4), 93ZA(4) or 93ZC(4), a relevant determination is a determination made under Part 3 of the Administration Act because of which the individual was receiving the allowance referred to in paragraph 93Y(4)(a), 93ZA(4)(a) or 93ZC(4)(a).

          (4A)  For the purposes of this section, the relevant day in respect of a relevant payment is:

                     (a)  for a payment of 2006 one-off payment to older Australians--9 May 2006; or

                     (b)  for a payment of 2007 one-off payment to older Australians--8 May 2007; or

                     (c)  for a payment of 2008 one-off payment to older Australians--13 May 2008.

             (5)  If:

                     (a)  after the relevant payment was made to the individual, a relevant determination in relation to the individual, at least so far as it relates to the relevant day or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 individual 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 day, the relevant payment would not have been made;

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

             (6)  If:

                     (a)  an individual qualified for the relevant payment because of subsection 93Y(3), 93ZA(3) or 93ZC(3) and because of having claimed a seniors health card; and

                     (b)  the individual knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

                     (c)  but for that statement or information, the relevant payment would not have been paid to the individual;

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

             (7)  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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