A New Tax System (Family Assistance) (Administration) Act 1999
PART 4 - OVERPAYMENTS AND DEBT RECOVERY
Division 3 - Methods of recovery
SECTION 92A Setting off family assistance of person against another person ' s debt
92A(1)
If:
(a)
a person (the
debtor
): debtor
(i) has a debt under this Act or under the Data-matching Program (Assistance and Tax) Act 1990 , the Farm Household Support Act 2014 , the Paid Parental Leave Act 2010 , the Social Security Act 1947 , the Social Security Act 1991 , the Student Assistance Act 1973 , the Veterans ' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 ; or
(ii) had incurred a debt under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; and
(b)
another person (the
consenting person
) is entitled to an amount of family assistance (except family tax benefit to which section
92
applies); and
(c)
for the purpose of the recovery of the debt, the consenting person consents to the deduction of an amount from the consenting person
'
s entitlement;
the Secretary may determine that the whole or a part of the entitlement is to be set off against the debt.
View history note
Hide history note92A(2)
Subsection (1) does not apply to an entitlement to be paid CCS or ACCS.
92A(3)
If the Secretary makes a determination under subsection (1), the amount of the entitlement and the amount of the debt are reduced accordingly.
92A(4)
The consenting person may revoke the consent at any time.
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