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

PART 4 - OVERPAYMENTS AND DEBT RECOVERY

Division 3 - Methods of recovery

SECTION 87A Setting off debts of an approved provider against child care service payments

87A(1)

This section applies if a debt owed by an approved provider is to be recovered by the Commonwealth by means of setting off the debt against a payment referred to in paragraph 82(1)(c) (child care service payments).

[ CCH Note: No 79 of 2011, s 3 and Sch 1 item 34(2) contains the following application provisions:

(2)
Subsection 87A(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 , as amended by this Act, applies in relation to:

(a) debts arising on or after the commencement of this item; and

(b) debts arising before that commencement, to the extent that the debts were outstanding immediately before that commencement.

]

View history note

87A(2)
The Secretary must determine the amount by which the payment is to be reduced. The determination has effect accordingly.

87A(3)
A determination under subsection (2) may cover one or more payments and may make different provision for different payments.

87A(4)
The Secretary may vary a determination under subsection (2).

87A(5)
If a payment is reduced by an amount in accordance with this section, the debt is reduced by that amount.

87A(6)
A determination under subsection (2) is not a legislative instrument.

View history note

History

S 87A substituted by No 79 of 2011, s 3 and Sch 1 item 10, effective 26 July 2011. No 79 of 2011, s 3 and Sch 1 item 34(3) contains the following application provisions:

(3)
The amendment made by item 10 does not affect the validity of any action taken under section 87A or 87B of the A New Tax System (Family Assistance) (Administration) Act 1999 before the commencement of that item.

S 87A formerly read:

SECTION 87A Setting off debts of an approved child care service against enrolment advances to be paid to the service
87A(1)
This section applies to a debt owed by an approved child care service if, under section 82, the debt is recoverable by the Commonwealth by means of setting off the debt against amounts of one or more enrolment advances to be paid to an approved child care service under section 219RA.
View history note

Hide history note

History

S 87A(1) amended by No 118 of 2007, s 3 and Sch 1 item 42, by substituting " enrolment advances to be paid to an approved child care service under section 219RA " for " advances to be paid to an approved child care service under section 219R " , effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.

87A(2)
The debt is to be set off, against advances paid to the service, in the following way:

(a) the Secretary is to determine the amount by which each advance to the service is to be reduced; and

(b) each advance to the service is to be reduced by the amount determined by the Secretary until the sum of those amounts, and of any amounts by which any amount in respect of fee reduction is reduced under section 87B in relation to the setting off of the debt, is equal to the debt.
The Secretary may, from time to time, vary the amount by which the advances are to be reduced.

View history note

Hide history note

History

S 87A(2) amended by No 34 of 2010, s 3 and Sch 1 item 6, by substituting " , and of any amounts by which any amount in respect of fee reduction is reduced under section 87B in relation to the setting off of the debt, " for " and any amounts by which the advance is reduced under section 87B " in para (b), effective 13 April 2010.

S 87A(2) amended by No 118 of 2007, s 3 and Sch 1 item 43, by inserting " and any amounts by which the advance is reduced under section 87B " after " the sum of those amounts " in para (b), effective 29 June 2007. For application and transitional provisions see note under Pt 8A heading.

87A(3)
The amount of the debt and the amounts of the advances are reduced accordingly.

S 87A inserted by No 45 of 2000, s 3 Sch 2 item 91, effective 1 July 2000. For transitional provisions see note under s 69 .

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.