Superannuation (Government Co-Contribution for Low Income Earners) Act 2003

PART 5 - UNDERPAYMENTS AND OVERPAYMENTS  

Division 2 - Recovery of overpayments  

SECTION 24   RECOVERY OF OVERPAYMENT OF GOVERNMENT CO-CONTRIBUTION IN RESPECT OF A PERSON  

24(1)   [Application]  

This section applies if:

(a) the Commissioner pays an amount by way of Government co-contribution in respect of a person for an income year; and

(b) either:

(i) the co-contribution was not payable in respect of the person for the income year; or

(ii) the amount paid is more than the correct amount of the co-contribution.

24(2)   [``amount overpaid'']  

The amount overpaid is:

(a) the whole of the amount referred to in paragraph (1)(a) if the co-contribution was not payable in respect of the person for the income year; or

(b) the amount by which the amount paid exceeds the correct amount if the amount paid is more than the correct amount of the co-contribution.

24(3)   [Recovery]  

The Commissioner may take action to recover the amount overpaid under one or more of the items in the following table but may only take action under an item if the conditions (if any) specified for that item are satisfied:

Table

Table

Methods for recovering amount overpaid
Item	Action the Commissioner may take to recover amount overpaid	Conditions to be satisfied
1	The Commissioner may deduct the whole or a part of the amount overpaid from any Government co-contribution payable in respect of the person.
2	The Commissioner may debit an account of the person in the Superannuation Holding Accounts Special Account with the whole or a part of the amount overpaid.	The account must include one or more Government co-contributions in respect of the person. The amount debited must not exceed the amount of those Government co-contributions.
3	The Commissioner may recover the whole or a part of the amount overpaid from the person (or the person's legal personal representative) as a debt due by the person (or the representative) to the Commonwealth.	The Government co-contribution must have been paid by the Commissioner to the person (or the representative). The Commissioner must give the person (or the representative) written notice, as prescribed, of the proposed recovery (including the amount to be recovered).
		At least 28 days must have elapsed since the notice was given. The amount recovered must not exceed the amount specified in the notice.
4	The Commissioner may recover the whole or a part of the amount overpaid from a superannuation provider to whom: (a) the Commissioner paid the Government co-contribution; or (b) another superannuation provider transferred the Government co-contribution; as a debt due by the superannuation provider to the Commonwealth.	The superannuation provider must hold one or more Government co-contributions in respect of the person. The amount recovered must not exceed the amount of those Government co-contributions. The Commissioner must give the superannuation provider written notice, as prescribed, of the proposed recovery (including the amount to be recovered).
		At least 28 days must have elapsed since the notice was given. The amount recovered must not exceed the amount specified in the notice.

Note:

Section 25 provides for the imposition of general interest charge if an amount that the person must pay under a notice given to the person under item 3 or 4 of the above table is not repaid within a certain period.

24(4)   [Recovery regardless of provider's continued holding]  

If:

(a) the Commissioner gives a superannuation provider a notice under item 4 of the table in subsection (3) in relation to an amount overpaid in respect of a person; and

(b) the provider holds one or more Government co-contributions in respect of the person at the time when the Commissioner gives the provider the notice;

the Commissioner may recover from the provider under that item whether or not the provider continues to hold the contribution or contributions after that time.

24(5)   [Revocation]  

The Commissioner may revoke a notice given under item 3 or 4 of the table in subsection (3) if the Commissioner is satisfied that it is appropriate in the circumstances to do so.

24(6)   [Amount recovered]  

The total of the amounts deducted, debited or recovered under subsection (3) in relation to an overpayment must not exceed the amount overpaid.

24(7)   [Commissioner to provide information]  

If the Commissioner makes:

(a) a deduction under item 1 of the table in subsection (3); or

(b) a debit under item 2 of the table;

in relation to a Government co-contribution in respect of a person, the Commissioner must give the person the prescribed information in relation to the deduction or debit within 28 days after the deduction or debit is made.