Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 social security payment; and
(d) the person is qualified for the social security payment under this Act and the social security payment 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, veteran payment or allowance under the Veterans' Entitlements Act; or
(aa) a payment of family assistance within the meaning of the A New Tax System (Family Assistance) Act 1999 ; or
(ab) a payment of compensation (within the meaning of the Military Rehabilitation and Compensation Act) under that 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, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force; 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
(ca) an instalment of parental leave pay; 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 Market Programs.
(2A) A debt referred to in paragraph (b) of the definition of student assistance overpayment in subsection 3(1) of the Student Assistance Act 1973 is an overpayment that is recoverable by the Commonwealth by means of deductions.
(2B) A debt referred to in section 79 of the Child Support (Registration and Collection) Act 1988 is an overpayment that is recoverable by the Commonwealth by means of deductions.
(3) If:
(a) an amount was paid under the scheme administered by the Commonwealth known as Financial Case Management to, or for the benefit of, a person; and
(b) the amount should not have been paid; and
(c) the person is receiving a social security payment; and
(d) the person is qualified for the social security payment under this Act and the social security payment is payable to him or her;
the amount is an overpayment that is recoverable from the person by the Commonwealth by means of deductions.
Note: For deductions see section 1231.