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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 92A

Setting off family assistance of person against another person's debt

             (1)  If:

                     (a)  a person (the debtor ):

                              (i)  has a debt under this Act or under the Data-matching Program (Assistance and Tax) Act 1990 , the Farm Household Support Act 1992 , the Paid Parental Leave Act 2010 , the Social Security Act 1947 , the Social Security Act 1991 , the Student Assistance Act 1973 , the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 ; or

                             (ii)  had incurred a debt under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; and

                     (b)  another person (the consenting person ) is entitled to an amount of family assistance (except family tax benefit to which section 92 applies) ; and

                     (c)  for the purpose of the recovery of the debt, the consenting person consents to the deduction of an amount from the consenting person's entitlement ;

the Secretary may determine that the whole or a part of the entitlement is to be set off against the debt.

             (2)  Subsection (1) does not apply to an entitlement to child care benefit or child care rebate .

             (3)  If the Secretary makes a determination under subsection (1), the amount of the entitlement and the amount of the debt are reduced accordingly.

             (4)  The consenting person may revoke the consent at any time.



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