Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1993 No. 36, 1993 - SECT 8

8. Section 1223AA of the Principal Act is amended by omitting subsection (1)
and substituting the following subsections:

"(1) If:

   (a)  a person has received a prepayment of a social security benefit for a
        period; and

   (b)  the person fails to provide a statement under section 575 (job search
        allowance) or 658 (newstart allowance) in relation to the period; the
        amount of the prepayment is a debt due to the Commonwealth.

"(1A) If the Secretary is satisfied that, in the special circumstances of the
case, it is appropriate to do so, the Secretary may determine in writing that
subsection (1) does not apply to the prepayment.

"(1B) If:

   (a)  a person has received a prepayment of a social security benefit for a
        period; and

   (b)  the amount of the prepayment is more than the amount (if any) (the
        'correct amount') of social security benefit that would have been
        payable to the person if:

        (i)    the prepayment had not been made; and

        (ii)   the person had not made a false statement or false
               representation in relation to matters that affect payment for
               the period; and

        (iii)  the person had not failed or omitted to comply with a provision
               of this Act in relation to matters that affect payment for the
               period; and

   (c)  subsection (1) does not apply to the prepayment; the difference
        between the prepayment and the correct amount is a debt due to the
        Commonwealth.

"(1C) A debt due to the Commonwealth under subsection (1) or (1B) is
recoverable by the Commonwealth by means of:

   (a)  if the person is receiving a social security payment-deductions from
        that person's social security payment; or

   (b)  if section 1234A applies to another person who is receiving a social
        security payment under this Act-deductions from that other person's
        social security payment; or

   (c)  legal proceedings; or

   (d)  garnishee notice. Note 1: For deductions see sections 1231 and 1234A.
        Note 2: For legal proceedings see section 1232. Note 3: For garnishee
        notice see section 1233.".