Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 (97 of 2020)

Schedule 1   Additional economic support payments

Part 2   Social security amendments

Social Security Act 1991

17   After section 1223ABJ

Insert:

1223ABK Debts in respect of additional economic support payment 2020

(1) If:

(a) an additional economic support payment 2020 under Division 1 of Part 2.6C is paid to a person; and

(b) after the payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:

(i) 27 November 2020; or

(ii) a period that includes 27 November 2020;

is or was (however described) changed, revoked, set aside or superseded by another determination; and

(c) the decision to change, revoke, set aside or supersede the underlying 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; and

(d) had the change, revocation, setting aside or superseding occurred on or before 27 November 2020, the additional economic support payment 2020 would not have been paid;

the amount of the additional economic support payment 2020 is a debt due to the Commonwealth by the person.

(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a payment mentioned in subsection 313(2) of this Act was payable to the person.

(3) If:

(a) an additional economic support payment 2020 under Division 1 of Part 2.6C is paid to a person; and

(b) the person qualified for the payment because of subsection 313(3) applying to the person in relation to having made a claim for a seniors health card; and

(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(d) the additional economic support payment 2020 would not have been paid to the person but for that statement or information;

the amount of the additional economic support payment 2020 is a debt due to the Commonwealth by the person.

(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to an additional economic support payment 2020 under Division 1 of Part 2.6C.

1223ABL Debts in respect of additional economic support payment 2021

(1) If:

(a) an additional economic support payment 2021 under Division 2 of Part 2.6C is paid to a person; and

(b) after the payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:

(i) 26 February 2021; or

(ii) a period that includes 26 February 2021;

is or was (however described) changed, revoked, set aside or superseded by another determination; and

(c) the decision to change, revoke, set aside or supersede the underlying 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; and

(d) had the change, revocation, setting aside or superseding occurred on or before 26 February 2021, the additional economic support payment 2021 would not have been paid;

the amount of the additional economic support payment 2021 is a debt due to the Commonwealth by the person.

(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a payment mentioned in subsection 313(2) of this Act was payable to the person.

(3) If:

(a) an additional economic support payment 2021 under Division 2 of Part 2.6C is paid to a person; and

(b) the person qualified for the payment because of subsection 313(3) applying to the person in relation to having made a claim for a seniors health card; and

(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(d) the additional economic support payment 2021 would not have been paid to the person but for that statement or information;

the amount of the additional economic support payment 2021 is a debt due to the Commonwealth by the person.

(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to an additional economic support payment 2021 under Division 2 of Part 2.6C.