Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Secretary is satisfied that a social security payment is being, or has been, paid to a person:
(a) who is not, or was not, qualified for the payment; or
(b) to whom the payment is not, or was not, payable;
the Secretary is to determine that the payment is to be cancelled or suspended.
(2) Subsection (1) does not authorise the Secretary to make a determination if:
(a) the payment of a social security payment to a person has been cancelled or suspended by the operation of another provision of the social security law; and
(b) the determination would take effect at or after the time at which the cancellation or suspension referred to in paragraph (a) would take effect.
(3) However, subsection (1) authorises the Secretary to make a determination that:
(a) cancels a social security payment that has been suspended under subsection 81(3); and
(b) takes effect at or after the time the suspension took effect.
(3A) Subsection (1) does not authorise the Secretary to make a determination that cancels the payment of a parenting payment, youth allowance, austudy payment, newstart allowance or special benefit to a person if:
(a) paragraph (1)(a) does not apply to the person; and
(b) paragraph (1)(b) applies only because of the application of a compliance penalty period.
(4) A reference in this section to a social security payment being, or having been, paid includes a reference to:
(a) if the social security payment is a youth allowance--the youth allowance being payable but for the operation of section 547AA; or
(b) if the social security payment is a newstart allowance--the newstart allowance being payable but for the operation of section 615.
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