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SOCIAL SECURITY ACT 1991 - SECT 1223ABAAA

Debts arising in respect of economic security strategy payments

             (1)  If:

                     (a)  an individual has been paid an economic security strategy payment; and

                     (b)  after the payment was made to the individual, a determination in relation to the individual, at least so far as it relates to 14 October 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (c)  the determination is one to which subsection (3) applies in relation to the payment; and

                     (d)  the decision to change, revoke, set aside or supersede the 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

                     (e)  had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the payment would not have been made;

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

             (2)  If:

                     (a)  an individual has been paid an economic security strategy payment; and

                     (b)  after the payment was made to the individual, a determination in relation to the individual, at least so far as it relates to 14 October 2008 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

                     (c)  the determination is one to which subsection (3) applies in relation to the payment; and

                     (d)  the decision to change, revoke, set aside or supersede the 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

                     (e)  had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the payment would have been reduced;

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

             (3)  This subsection applies to:

                     (a)  if the individual qualified for the payment because of subsection 900(2)--a determination made under Part 3 of the Administration Act because of which the individual was receiving a payment of a kind referred to in paragraph 900(2)(a); and

                     (b)  if the individual qualified for the payment because of subsection 900(3)--a determination made under Part 3 of the Administration Act because of which the individual was receiving a payment of a kind referred to in paragraph 900(3)(b).

             (4)  If:

                     (a)  an individual has been paid an economic security strategy payment; and

                     (b)  the individual qualified for the payment because of subsection 900(4) in relation to having claimed a seniors health card; and

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

                     (d)  but for that statement or information, the 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.

             (5)  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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