Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1224

Debts relating to clean energy advances

             (1)  This section applies if:

                     (a)  an individual is paid a clean energy advance; and

                     (b)  after the advance is paid, one of the following events happens to a determination that directly or indirectly affects the payability or amount of the advance paid to the individual:

                              (i)  the determination is changed, revoked or set aside;

                             (ii)  the determination is superseded by another determination; and

                     (c)  the event happens wholly or partly because the individual knowingly made a false or misleading statement or knowingly provided false information; and

                     (d)  had the event happened on or before the day the advance was paid:

                              (i)  the advance would not have been paid; or

                             (ii)  the advance would have been reduced.

Note 1:       Examples of determinations directly affecting the payability or amount of the clean energy advance are as follows:

(a)    a determination relating to the person's qualification for the clean energy qualifying payment to which the advance related;

(b)    the determination of the person's qualification for the clean energy advance.

Note 2:       An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person qualifying for a further payment of the advance under an instrument made under section 914G.

Creation and amount of debt

             (2)  The advance is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(i) applies.

             (3)  The amount by which the advance would have been reduced is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(ii) applies.

Relationship with other sections

             (4)  Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to clean energy advances.



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