Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1223ABB

  (1)   If:

  (a)   child disability assistance is paid to a person; and

  (b)   the assistance is paid because the person was paid an instalment of carer allowance in respect of a period that included a particular 1   July; and

  (c)   the 1   July component of the instalment, or any part of the 1   July component, becomes a debt due to the Commonwealth;

then:

  (d)   the amount of child disability assistance determined under subsection   (2) or (3) is a debt due to the Commonwealth; and

  (e)   the debt is taken to have arisen when the amount was paid to the person.

  (2)   If all of the 1   July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the amount of assistance that was paid in respect of the eligible care receiver to whose care the instalment relates.

  (3)   If only part of the 1   July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the difference between:

  (a)   the amount paid in respect of the eligible care receiver to whose care the instalment relates; and

  (b)   the amount applicable under subsection   992MD(2) for the eligible care receiver to whose care the instalment relates, based on the determination under subsection   981(1) that had effect in respect of the 1   July at the time the part of the 1   July component became a debt.

  (4)   In this section:

"1 July component" , of an instalment of carer allowance in respect of a period that includes a particular 1   July, means the amount of carer allowance in respect of that period that is applicable to the 1   July.