SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1228 Overpayments arising under other Acts and Schemes

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1228

1228. (1) If:

   (a)  an amount has been paid to a person by way of a payment or payments to
        which subsection (2) applies; and

   (b)  the amount should not have been paid; and

   (c)  the person to whom the amount was paid is receiving a pension, benefit
        or allowance under this Act; and

   (d)  the person is qualified for the pension, benefit or allowance under
        this Act and the pension, benefit or allowance is payable to the
        person; the amount is an overpayment that is recoverable by the
        Commonwealth by means of deductions.
Note: for "deductions" see section 1231.

(2) This subsection applies to:

   (a)  a payment of pension or allowance under the
        Veterans' Entitlements Act; or

   (b)  a payment of pension or allowance under the Seamen's War Pensions and
        Allowances Act 1940; or

   (c)  a payment under:

   (i)  the AUSTUDY Scheme; or

   (ii) the ABSTUDY Schooling Scheme; or

   (iii) the ABSTUDY Tertiary Scheme (to the extent that it applies to
        full-time students); or

   (iv) the Assistance for Isolated Children Scheme; or

   (v)  the Veterans' Children Education Scheme; or

   (vi) the Post-Graduate Awards Scheme; or

   (vii) the Adult Migrant Education Program Living Allowance; or

   (viii) the Maintenance Allowance for Refugees; or

   (ix) the English as a Second Language Allowance (to the extent that it
        applies to full-time students); or

   (d)  if the amount was paid to the person on or after 12 August 1988 - a
        program included in the programs known as Labour Force Programs. Note:
        Labour Force Programs are administered by the Department of Education,
        Employment and Training and provide income support for people
        undertaking various kinds of vocational training.

(3) This section extends to:

   (a)  acts, omissions, matters and things outside Australia whether or not
        in a foreign country; and

   (b)  all persons irrespective of their nationality or citizenship.