Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 95.5

Refund to transferee if Commonwealth makes double recovery

  (1)   If:

  (a)   a person (the debtor ) is liable to pay a * recoverable amount under this Part; and

  (b)   the Commonwealth recovers the amount (or part of it) from another person (the transferee ) by way of deductions under section   95 - 4; and

  (c)   the Commonwealth later recovers the amount (or part of it) from the debtor;

the Commonwealth is liable to make a refund to the transferee.

  (2)   The refund payable to the transferee is the smaller of the following amounts:

  (a)   the total amount recovered from the transferee by way of deductions under section   95 - 4;

  (b)   the amount recovered from the debtor.



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