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

PART 4 - OVERPAYMENTS AND DEBT RECOVERY  

Division 3 - Methods of recovery  

SECTION 84A   Setting off family assistance against debt owed  

84A(1)    
This section applies:


(a) to a person if the person is entitled to an amount of family assistance; and


(b) to a debt owed by the person if:


(i) under section 82 , the debt is recoverable by the Commonwealth by means of setting off family assistance to which the person is entitled against the debt; or

(ii) the debt is a debt due by the person to the Commonwealth under the Social Security Act 1991 , 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 Student Assistance Act 1973 , the Veterans ' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 ; or

(iii) the debt was incurred under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998.

84A(2)    


The Secretary may determine that the whole or a part of the entitlement is to be set off against the debt.

84A(3)    


Under subsection (2), the Secretary may set off a person ' s CCS or ACCS only against a debt the person incurs in relation to CCS or ACCS.

84A(4)    


If the Secretary makes a determination under subsection (2) , the amount of the entitlement and the amount of the debt are reduced accordingly.



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