SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZF Person other than payee obtaining payment of a cheque

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 123ZF

Scope

  (1)   This section applies if:

  (a)   a person (the first person ) is subject to the income management regime; and

  (b)   an amount is paid by cheque under section   123YM, 123YN, 123YO or 123YP; and

  (c)   the payment resulted in the first person's income management account being debited by an amount equal to the amount paid; and

  (d)   a person (the second person ) other than the payee of the cheque obtains possession of the cheque from the payee; and

  (e)   the cheque is not endorsed by the payee to the second person; and

  (f)   the second person obtains value for the cheque.

Recovery

  (2)   The amount of the cheque is a debt due by the second person to the Commonwealth.

Note:   For debt recovery, see Chapter   5 of the 1991 Act.

Crediting of amounts

  (3)   The Secretary may determine, in writing, that the first person's income management account is to be credited by an amount equal to the amount of the cheque.

  (4)   If the Secretary makes a determination under subsection   (3), then an amount equal to the amount of the cheque is:

  (a)   credited to the Income Management Record; and

  (b)   credited to the first person's income management account.