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SOCIAL SECURITY ACT 1991 - SECT 1223ABAAB

Debts arising in respect of training and learning bonuses etc.

             (1)  If:

                     (a)  an individual has been paid a training and learning bonus or an education entry payment supplement; 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to 3 February 2009 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and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 (2) 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 3 February 2009, the payment would not have been made;

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

             (2)  This subsection applies to:

                     (a)  if the individual qualified for the payment because of paragraph 910(2)(a), (b), (c) or (d) of this Act--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 that paragraph; and

                     (b)  if the individual qualified for the payment because of paragraph 910(2)(e) of this Act--a determination (however described) made under the ABSTUDY Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (c)  if the individual qualified for the payment because of paragraph 910(2)(f) of this Act--a determination (however described) made under the Veterans' Children Education Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (d)  if the individual qualified for the payment because of paragraph 910(2)(g) of this Act--a determination (however described) made under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

                     (e)  if the individual qualified for the payment because of subsection 910(4) of this Act--a determination made under Part 3 of the Family Assistance Administration Act because of which the individual was entitled to family tax benefit; and

                     (h)  if the individual qualified for the payment because of section 665ZZA of this Act--a determination made under Part 3 of the Administration Act because of which the individual was qualified for an education entry payment.

             (3)  If:

                     (a)  the Secretary has paid a person's training and learning bonus to another person (the recipient ) under subsection 47C(3) or (4) of the Administration Act; and

                     (b)  the reason why, or one of the reasons why, the Secretary decided to pay the bonus to the recipient was that the recipient made a particular statement or provided particular information; and

                     (c)  after the payment is made, the Secretary becomes satisfied that:

                              (i)  the statement or information is false or misleading; and

                             (ii)  the recipient made the statement, or provided the information, knowing that it was false or misleading; and

                            (iii)  the bonus should have been paid to a person other than the recipient;

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

             (4)  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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