Coronavirus Economic Response Package Omnibus Act 2020 (22 of 2020)

Schedule 4   Stimulus payments to households to support growth

Social Security Act 1991

28   After section 1223ABH

Insert:

1223ABI Debts in respect of first 2020 economic support payments

(1) If:

(a) a first 2020 economic support payment under Division 1 of Part 2.6B is paid to a person; and

(b) after the first 2020 economic support payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:

(i) a day included in the period mentioned in subsection 304(1); or

(ii) a period that includes such a day;

is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and

(d) had the change, revocation, setting aside or superseding occurred on or before that day, the first 2020 economic support payment would not have been paid;

the amount of the first 2020 economic support payment is a debt due to the Commonwealth by the person.

(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a benefit mentioned in subsection 308(2) of this Act was payable to the person.

(3) If:

(a) a first 2020 economic support payment under Division 1 of Part 2.6B is paid to a person; and

(b) the person qualified for the payment because of subsection 308(3) applying to the person in relation to having made a claim for a seniors health card; and

(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(d) the first 2020 economic support payment would not have been paid to the person but for that statement or information;

the amount of the first 2020 economic support payment is a debt due to the Commonwealth by the person.

(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to first 2020 economic support payments under Division 1 of Part 2.6B.

1223ABJ Debts in respect of second 2020 economic support payments

(1) If:

(a) a second 2020 economic support payment under Division 2 of Part 2.6B is paid to a person; and

(b) after the second 2020 economic support payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:

(i) 10 July 2020; or

(ii) a period that includes 10 July 2020;

is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and

(d) had the change, revocation, setting aside or superseding occurred on or before 10 July 2020, the second 2020 economic support payment would not have been paid;

the amount of the second 2020 economic support payment is a debt due to the Commonwealth by the person.

(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a benefit mentioned in subsection 308(2) of this Act was payable to the person.

(3) If:

(a) a second 2020 economic support payment under Division 2 of Part 2.6B is paid to a person; and

(b) the person qualified for the payment because of subsection 308(3) applying to the person in relation to having made a claim for a seniors health card; and

(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(d) the second 2020 economic support payment would not have been paid to the person but for that statement or information;

the amount of the second 2020 economic support payment is a debt due to the Commonwealth by the person.

(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to second 2020 economic support payments under Division 2 of Part 2.6B.