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

PART 4 - OVERPAYMENTS AND DEBT RECOVERY

Division 3 - Methods of recovery

SECTION 84 Deductions from debtor's family tax benefit

84(1)
This section applies to a debt if:

(a) under section 82 , the debt is recoverable by the Commonwealth by means of deductions from instalments of family tax benefit to which the person is entitled; or

(b) 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

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

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84(2)
The debt is to be deducted from instalments of family tax benefit to which the person is entitled in the following way:

(a) the Secretary is to determine the amount by which each instalment of family tax benefit is to be reduced; and

(aa) a determination under paragraph (a) may be an amount that would reduce the payment to nil if the person has consented to the amount of the deduction being an amount that would reduce the payment to nil; and

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(b) each instalment of family tax benefit is to be reduced by the amount determined by the Secretary until the sum of those amounts, and any amounts recovered under an Act referred to in paragraph (1)(b), is equal to the debt.

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The Secretary may from time to time vary the amount by which instalments of family tax benefit are to be reduced.

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History

S 84(2) amended by No 30 of 2003, s 3 and Sch 2 item 31, by substituting " an Act referred to in paragraph (1)(b) " for " the Social Security Act 1991 " in para (b), effective 15 April 2003.

S 84(2)(aa) inserted by No 47 of 2001, s 3 and Sch 3 item 7, applicable to:

(a) debts that are owed at the commencement of 1 July 2001; and

(b) debts that arise after that time.

S 84 substituted by No 45 of 2000, s 3 Sch 2 item 82, effective 1 July 2000. For transitional provisions see note under s 69. S 84 formerly read:

Deductions from debtor's family assistance

(1)
This section applies to a debt if:

(a) under section 82 , the debt is recoverable by the Commonwealth by means of deductions from family assistance being received by a person; or

(b) the debt is a debt due by a person to the Commonwealth under Chapter 5 of the Social Security Act 1991 .

(2)
The debt is to be deducted from payments of family assistance to the person in the following way:

(a) the Secretary is to determine the amount by which each payment of family assistance to the person is to be reduced; and

(b) each payment of family assistance to the person is to be reduced by the amount determined by the Secretary until the sum of those amounts, and any amounts recovered under the Social Security Act 1991 , is equal to the debt.
The Secretary may from time to time vary the amount by which payments of family assistance are to be reduced.

(3)
The debt is recoverable by means of deductions from a payment of child care benefit to be received by a person only if:

(a) the debt arose from a payment of child care benefit received by the person; and

(b) at the time the determination to recover the debt in that way is made:

(i) it is not possible to recover the debt under this Division by means of deductions from family assistance (other than child care benefit); and

(ii) it is not possible to recover the debts under Chapter 5 of the Social Security Act 1991 from a social security payment.

(4)
Subject to section 86 , the debt must be deducted unless:

(a) the Secretary takes action under Division 4 in relation to the amount; or

(b) the amount is recovered by the Commonwealth under:

(i) another provision of this Division; or

(ii) under the Social Security Act 1991 .

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