Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3D - PAYMENT OF OTHER AMOUNTS TO THE COMMISSIONER  

Division 3 - Various rules for special cases  

SECTION 22E   COMMISSIONER MAY RECOVER OVERPAYMENT  

22E(1)    
If:

(a)    

the Commissioner makes a payment in respect of a person under, or purportedly under, this Part (other than a payment to a KiwiSaver scheme provider); and

(b)    the amount paid exceeds the amount (if any) properly payable under this Part in respect of the person;

the Commissioner may recover all or part of the excess from a person (the debtor ) described in subsection (2) as a debt due by the debtor to the Commonwealth if the conditions specified in subsection (3) are met.

22E(2)    
The persons from whom the Commissioner may recover are as follows:

(a)    the person to whom the payment was made (whether the payment was made to the person in the person ' s own right or as the legal personal representative of someone else who had died);

(b)    the superannuation provider for the fund to which the payment was made;

(c)    if the payment, or an amount wholly or partly attributable to that payment, was transferred to another fund - the superannuation provider for that other fund.

22E(3)    
The conditions for recovery are that:

(a)    the Commissioner gave the debtor written notice, as prescribed by the regulations, of the proposed recovery and the amount to be recovered; and

(b)    at least 28 days have passed since the notice was given; and

(c)    the amount recovered is not more than the amount specified in the notice.

22E(4)    
Despite subsections (1) and (2) , if the Commissioner gives a notice described in paragraph (3)(a) to a superannuation provider for a fund, and the fund does not hold an amount attributable to the payment, the Commissioner cannot recover from the superannuation provider.

22E(5)    
The Commissioner may revoke a notice described in paragraph (3)(a) .

22E(6)    
The total of the amounts recovered from different debtors in relation to the same excess must not be more than the excess.

22E(7)    
A notice described in paragraph (3)(a) is not a legislative instrument.