Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1237AAD

Waiver in special circumstances

    The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that:

  (a)   the debt did not result wholly or partly from the debtor or another person knowingly:

  (i)   making a false statement or a false representation; or

  (ii)   failing or omitting to comply with a provision of this Act, the Administration Act or the 1947 Act; and

  (b)   there are special circumstances (other than financial hardship alone) that make it desirable to waive; and

  (c)   it is more appropriate to waive than to write off the debt or part of the debt.

Note 1:   Section   1236 allows the Secretary to write off a debt on behalf of the Commonwealth.

Note 2:   This section has effect subject to section   1237AAE in relation to an assurance of support debt.


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