Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 (35 of 2009)

Schedule 1   Carer supplement

Part 1   Main amendments

Social Security Act 1991

4   After section 1223ABB

Insert:

1223ABC Debts in respect of carer supplement for 2009

(1) This section applies if:

(a) carer supplement for 2009 is paid to a person; and

(b) after it is paid, a determination under Part 3 of the Administration Act or under the Veterans' Entitlements Act because of which any of the following instalments was paid is or was (however described) changed, revoked, set aside, or superseded by another determination:

(i) a qualifying instalment (see section 992X);

(ii) an instalment of wife pension affecting the amount of the carer supplement paid;

(iii) an instalment of partner service pension under the Veterans' Entitlements Act affecting the amount of the carer supplement paid; and

(c) the decision to change, revoke, set aside or supersede the earlier determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information.

When the whole payment is a debt

(2) The amount of the carer supplement paid to the person is a debt due to the Commonwealth by the person if carer supplement for 2009 would not have been paid to the person had the change, revocation, setting aside or superseding occurred on or before 12 May 2009.

When part of the payment is a debt

(3) If the amount of carer supplement for 2009 paid to the person would have been reduced had the change, revocation, setting aside or superseding occurred on or before 12 May 2009, the amount by which the carer supplement paid to the person would have been reduced is a debt due to the Commonwealth by the person.

Limit on debts under this section

(4) The total of debts arising under this section in relation to the carer supplement paid to the person cannot exceed the amount of the carer supplement.

Most other provisions under which debts arise do not apply

(5) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments of carer supplement for 2009.

1223ABD Debts in respect of carer supplement for 2010 and later years

(1) This section applies if:

(a) carer supplement for 2010 or a later year is paid to a person; and

(b) a debt (the primary debt ) due to the Commonwealth by the person arises (under this Act or the Veterans' Entitlements Act) in connection with any of the following instalments that is equal to all of the instalment or, if the instalment is of carer allowance, all or part of the instalment:

(i) a qualifying instalment (see section 992X);

(ii) an instalment of wife pension affecting the amount of the carer supplement paid;

(iii) an instalment of partner service pension under the Veterans' Entitlements Act affecting the amount of the carer supplement paid; and

(c) the carer supplement would not have been paid, or less carer supplement would have been paid, had the circumstances that gave rise to the primary debt not occurred.

(2) If the primary debt is equal to all of the instalment, an amount, equal to so much of the carer supplement as would not have been paid if the instalment had not been paid, is a debt due to the Commonwealth by the person.

Note: If the instalment is the only qualifying instalment, the debt will equal the amount of the carer supplement, because none of it would have been paid if the qualifying instalment had not been paid.

(3) If:

(a) the primary debt arises in connection with an instalment of carer allowance because of a failure to take account, or an error in taking account, of a determination under subsection 981(1); and

(b) the primary debt is equal to part of the instalment;

an amount, equal to so much of the carer supplement as would not have been paid if the failure or error had not occurred, is a debt due to the Commonwealth by the person.

Consolidation of debts under this section

(4) If, apart from this subsection, 2 or more debts would arise under either or both of subsections (2) and (3) in relation to the carer supplement, then, instead of those debts arising, there is a single debt that:

(a) is due to the Commonwealth by the person; and

(b) is equal to the lesser of:

(i) the sum of the debts that would arise apart from this subsection; and

(ii) the amount of the carer supplement.

When debt is taken to arise under this section

(5) A debt is taken to have arisen under this section when the carer supplement was paid to the person.