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SOCIAL SECURITY ACT 1991 - SECT 1229B

Interest charge--failure to comply with or termination of repayment arrangement

  (1)   If:

  (a)   an arrangement is in effect under section   1234 in relation to a person and a debt; and

  (b)   the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection   (3), for each day in the period described in subsection   (2).

Note:   For exemptions, see sections   1229E and 1229F.

  (2)   The period starts at the beginning of the day after the day (the due day ) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

  (a)   the last day at the end of which any of the following remains unpaid:

  (i)   the outstanding amount of the debt;

  (ii)   interest charge on any of the outstanding amount of the debt;

  (b)   the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

  (c)   the day before the day the arrangement is terminated under section   1234.

  (3)   The interest charge for a day in the period described in subsection   (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

  (a)   the outstanding amount of the debt;

  (b)   the interest charge from previous days.

Note 1:   For interest charge rate see section   1229D.

Note 2:   The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section   1229C.

Repayment arrangement is terminated

  (4)   If:

  (a)   an arrangement is in effect under section   1234 in relation to a person and a debt; and

  (b)   the arrangement is then terminated under section   1234 on a day (the termination day );

then:

  (c)   the following amounts (if any) are due and payable on the 14th day after the termination day:

  (i)   the outstanding amount of the debt;

  (ii)   interest charge on any of the outstanding amount of the debt; and

  (d)   if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection   (6), for each day in the period described in subsection   (5).

Note:   For exemptions, see sections   1229E and 1229F.

  (5)   The period starts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

  (a)   the last day at the end of which any of the following remains unpaid:

  (i)   the outstanding amount of the debt;

  (ii)   interest charge on any of the outstanding amount of the debt;

  (b)   the day before the first day, after that 14th day, on which the person makes a payment under another arrangement under section   1234 in relation to the debt.

  (6)   The interest charge for a day in the period described in subsection   (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

  (a)   the outstanding amount of the debt;

  (b)   the interest charge from previous days.

Note 1:   For interest charge rate see section   1229D.

Note 2:   The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section   1229C.


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