A New Tax System (Family Assistance) (Administration) Act 1999

29 Saving provision for maternity allowance payments  
29
Despite the amendment of section 71 of the A New Tax System (Family Assistance) (Administration) Act 1999 , that section applies to an amount paid by way of maternity allowance before, on or after the commencement of this Division as if the amendment had not been made.

Debts arising under this Act  
71(1)
Subject to subsection (2), if:

(a) an amount has been paid to a person by way of family assistance in respect of a period or event; and

(b) the person was not entitled to the family assistance in respect of that period or event;

the amount so paid is a debt due to the Commonwealth by the person.

71(2)
If:

(a) child care benefit is paid on behalf of a person to an approved child care service in relation to an FTB child of the person or the person ' s partner; and

(b) the payment is in respect of a period after the service is no longer providing care for the child;

the amount so paid:

(c) is a debt due to the Commonwealth by the service; and

(d) is not a debt due to the Commonwealth by the person under subsection (1).

71(3)
Subject to subsection (4), if:

(a) an amount has been paid to a person by way of an instalment of family assistance; and

(b) another amount (the later amount ) is paid to the person in respect of the same instalment; and

(c) the later amount is not a payment of arrears; and

(d) the later amount would not otherwise be a debt due to the Commonwealth;

the later amount is a debt due to the Commonwealth by the person.

71(4)
If the first amount and the later amount were both paid to the same approved child care service on a person ' s behalf, the later amount is a debt due to the Commonwealth by the service, not the person.

71(5)
If:

(a) an amount (the received amount ) has been paid to a person by way of family assistance; and

(b) the received amount is greater than the amount (the correct amount ) of family assistance that should have been paid to the person under the family assistance law;

the difference between the received amount and the correct amount is a debt due to the Commonwealth by the person.

71(6)
If:

(a) an individual knowingly makes a false statement or misrepresentation to:

(i) an approved child care service; or

(ii) an officer; and

(b) an amount of child care benefit is paid for a session of care provided by the service to an FTB child of the individual or the individual ' s partner; and

(c) because of the false statement or false representation:

(i) the service is eligible for child care benefit for the session of care; or

(ii) the rate of child care benefit for the session of care is an amount certified by the service under subsection 71(1) or (2) of the Family Assistance Act; or

(iii) the rate of child care benefit for the session of care is an amount determined under subsection 71(4) of the Family Assistance Act;

the difference between the amount paid and the amount that would have been paid if the individual had not made the statement or representation to the service is a debt due to the Commonwealth by the individual.

71(7)
For the purposes of subsection (6), the amount that would have been paid if the individual had not made the statement or representation to the service may be nil.

71(8)
If:

(a) an approved child care service gives a certificate under subsection 71(1) of the Family Assistance Act in relation to sessions of care provided by the service to an FTB child of an individual on the basis that:

(i) the child is at risk of serious abuse or neglect; or

(ii) the individual is experiencing hardship of a kind specified in a determination in force under subsection 48(1) of that Act; and

(b) the service is not satisfied, at the time when it gives the certificate, that that basis exists;

the difference between the amounts paid to the individual and the amounts that would have been paid to the individual if the service had not given the certificate is a debt due to the Commonwealth by the service.

71(9)
If:

(a) an approved child care service knowingly makes a false statement or false representation to the Secretary or an officer; and

(b) a determination is made, in reliance on the statement or representation, under subsection 71(4) of the Family Assistance Act in relation to an FTB child of an individual;

the difference between the amounts paid under the determination and the amounts that would have been paid if the service had not made the statement or representation is a debt due to the Commonwealth by the service.