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

PART 4 - OVERPAYMENTS AND DEBT RECOVERY

Division 2 - Amounts recoverable under this Act

SECTION 71D

71D Debts in respect of fee reduction amounts provider fails to pass on or remit

If a provider to whom notice of a fee reduction decision is given does not do one of the following within 14 days after the notice is given (or, if that period has been extended under subsection 201A(2A) , within the extended period):

(a) pass on the fee reduction amount for the decision to the individual to whom the decision relates;

(b) remit the fee reduction amount to the Secretary in a manner approved by the Secretary;

an amount equal to the fee reduction amount is a debt due to the Commonwealth by the provider.

View history note

History

S 71D amended by No 66 of 2022, s 3 and Sch 8 item 2, by inserting " (or, if that period has been extended under subsection 201A(2A), within the extended period) " , effective 30 November 2022 and applicable in relation to fee reduction decisions that are made on or after 30 November 2022.

S 71D substituted by No 22 of 2017, s 3 and Sch 1 item 97, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 71D formerly read:

SECTION 71D Debt arising in respect of child care benefit where false or misleading statement by individual - debt owed by individual
Child care benefit paid to service because of false or misleading statement by individual

71D(1)
If:

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

(i) an approved child care service; or

(ii) an officer; and

(b) because of the false or misleading statement, the service is:

(i) eligible under section 47 of the Family Assistance Act in respect of the child and the session; or

(ii) being so eligible, is entitled to an amount of child care benefit in respect of the child and the session; and

(c) an amount of child care benefit is paid to the service for a session of care provided by the service to a child who was in the care of the individual immediately before the session was provided;
the difference between the amount paid to the service and the amount that would have been paid if the individual had not made the statement is a debt due to the Commonwealth by the individual.

71D(2)
For the purposes of subsection (1), the amount that would have been paid if the individual had not made the statement may be nil.

Child care benefit, paid to individual who is conditionally eligible, following service ' s certificate because of false or misleading statement by individual

71D(3)
If:

(a) an individual knowingly makes a false or misleading statement to an approved child care service; and

(b) the service, in reliance on the statement:

(i) certifies a rate under subsection 76(1) of the Family Assistance Act; or

(ii) gives a certificate relating to a weekly limit of hours under subsection 54(10), 55(6) or 56(3) of that Act; and

(c) an amount of child care benefit is paid to the individual because of the certificate;
the difference between the amount paid to the individual and the amount that would have been paid if the individual had not made the statement is a debt due to the Commonwealth by the individual.

S 71D inserted by No 45 of 2000, s 3 Sch 2 item 78, effective 1 July 2000. For transitional provisions see note under s 69.

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