Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1223AB

                   If:

                     (a)  a person applies to the Administrative Appeals Tribunal for review of a decision; and

                     (b)  the Administrative Appeals Tribunal makes an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 ; and

                     (c)  as a result of the order, the amount that has in fact been paid to the person by way of social security payment is greater than the amount that was payable to the person;

                   the difference between the amount that was in fact paid to the person and the amount that was payable to the person is a debt due to the Commonwealth.

Note 1:       Subsection 43(6) of the Administrative Appeals Tribunal Act 1975 provides that the AAT's decision on the review will generally take effect from the day on which the SSAT's decision had effect. Since this is the case, the amount payable to the person during the stay period is the amount finally determined by the AAT as being payable and not the amount that was paid in accordance with the terms of the stay order.