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

PART 4 - OVERPAYMENTS AND DEBT RECOVERY  

Division 2 - Amounts recoverable under this Act  

SECTION 71J   Debts arising in respect of economic security strategy payment to families  

71J(1)    
This section applies in relation to an individual (the recipient ) who has been paid an economic security strategy payment to families (the relevant payment ).

What determinations are relevant?

71J(2)    
Each of the following is a relevant determination in relation to the recipient:

(a) if the relevant payment was made because, at that time, subsection 89(2) of the Family Assistance Act applied to the recipient - the determination referred to in paragraph 89(2)(a) of that Act;

(b) if the relevant payment was made because, at that time, subsection 89(3) of the Family Assistance Act applied to the recipient - the determination referred to in paragraph 89(3)(a) of that Act;

(c) if the relevant payment was made because, at that time, subsection 89(4) of the Family Assistance Act applied to the recipient - the determination referred to in paragraph 89(4)(a) of that Act;

(d) if the relevant payment was made because, at that time, subsection 89(5) of the Family Assistance Act applied to the recipient - a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the instalment that satisfied paragraphs 89(5)(a) , (b) and (c) of the Family Assistance Act was paid;

(e) if the relevant payment was made because, at that time, subsection 89(6) of the Family Assistance Act applied to the recipient - a determination under the ABSTUDY Policy Manual because of which the whole or part of the instalment was paid in the circumstances described in that subsection;

(f) if the relevant payment was made, because, at that time, subsection 89(7) of the Family Assistance Act applied to the recipient - a determination under the Veterans' Children Education Scheme because of which the whole or part of the allowance was paid in the circumstances described in that subsection;

(g) if the relevant payment was made because, at that time, subsection 89(8) of the Family Assistance Act applied to the recipient - a determination under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the whole or part of the allowance was paid in the circumstances described in that subsection;

(h) if the relevant payment was made because, at that time, subsection 93(2) of the Family Assistance Act applied to the recipient - a determination made under Part 3 of the Social Security (Administration) Act 1999 because of which the instalment that satisfied paragraphs 93(2)(a) and (b) of the Family Assistance Act was paid;

(i) if the relevant payment was made because, at that time, subsection 93(3) of the Family Assistance Act applied to the recipient - a determination under the ABSTUDY Policy Manual of which the whole or part of the instalment was paid in the circumstances described in that subsection;

(j) if the relevant payment was made because, at that time, subsection 93(4) of the Family Assistance Act applied to the recipient - a determination under the Veterans' Children Education Scheme because of which the allowance was paid in the circumstances described in that subsection;

(k) if the relevant payment was made because, at that time, subsection 93(5) of the Family Assistance Act applied to the recipient - a determination under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the allowance was paid in the circumstances described in that subsection.

Situation in which whole amount is a debt

71J(3)    
If:

(a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to 14 October 2008, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the following person knowingly made a false or misleading statement, or knowingly provided false information:

(i) unless subparagraph (ii) or (iii) applies - the recipient;

(ii) if the relevant determination is covered by paragraph (2)(d) - the recipient or the other individual, or one of the other individuals, covered by paragraph 89(5)(b) of the Family Assistance Act;

(iii) if the relevant determination is covered by paragraph (2)(e), (f) or (g) - the recipient or the student, or one of the students, covered by paragraph 89(6)(a) , (7)(a) or (8)(a) of the Family Assistance Act; and

(c) had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the relevant payment would not have been made;

the amount of the relevant payment is a debt due to the Commonwealth by the recipient.

Situation in which part of amount is a debt

71J(4)    
If:

(a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to 14 October 2008, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that the following person knowingly made a false or misleading statement, or knowingly provided false information:

(i) unless subparagraph (ii) or (iii) applies - the recipient;

(ii) if the relevant determination is covered by paragraph (2)(d) - the recipient or the other individual, or one of the other individuals, covered by paragraph 89(5)(b) of the Family Assistance Act;

(iii) if the relevant determination is covered by paragraph (2)(e), (f) or (g) - the recipient or the student, or one of the students, covered by paragraph 89(6)(a) , (7)(a) or (8)(a) of the Family Assistance Act; and

(c) had the change, revocation, setting aside or superseding occurred on or before 14 October 2008, the amount of the relevant payment would have been reduced;

the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the recipient.