Social Services Legislation Amendment (No. 2) Act 2015 (128 of 2015)

Schedule 1   Income management regime

Part 3   Miscellaneous

Social Security (Administration) Act 1999

26   Section 123YR

Repeal the section, substitute:

123YR Credit of income management account in error

(1) If the Secretary is satisfied that an amount (the excess amount ) has been credited to a person's income management account in error, the Secretary may determine, in writing, that:

(a) the person's income management account is to be debited by one or more amounts equal to the excess amount; or

(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.

Note: Paragraph (b) - for debt recovery, see Chapter 5 of the 1991 Act.

(2) If the Secretary makes a determination under paragraph (1)(a):

(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and

(b) the person's income management account is debited by one or more amounts equal to the excess amount.

(3) Adetermination made under subsection (1) is not a legislative instrument.