Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the total of amounts paid to a person (the first person ) by way of PPL funding amounts in relation to instalments for another person for a child exceeds (by the PPL funding excess ) the total of amounts payable to the first person as PPL funding amounts in relation to those instalments; and
(b) the first person pays an amount (the employer payment ) to, or in relation to, the other person for the child by way of an instalment; and
(c) the total of employer payments paid for the child exceeds (by the instalment excess ) the total of amounts that are payable by the first person to, or in relation to, the other person for the child as instalments under Division 2 of Part 3 - 2 (which deals with the payment of instalments by employers).
Note: Instalments may stop being payable with retrospective effect if a payability determination that parental leave is payable to the other person for the child is set aside or varied after the instalments are paid.
(2) An amount equal to the lesser of the PPL funding excess and the instalment excess is a debt due to the Commonwealth by the other person.
Example: If no amounts are payable by the first person to, or in relation to, the other person for a child as instalments, the amount of the instalment excess is the total amount of the employer payments.
(3) The debt under subsection (2) arises:
(a) if the other person has a continuous flexible period for the child--immediately after the end of that continuous flexible period; or
(b) otherwise--when subsection (1) starts to apply in relation to an employer payment.
Note: This section may apply to overpayments by way of instalments or amounts that are mistakenly paid. For example, an overpayment or mistaken payment may arise due to administrative error, the setting aside or variation of a payability determination or payments following a stay order under subsection 32(2) of the ART Act.