|
|
|
|
|
Generally, if an individual (1.1.I.90), ACO (1.1.A.80) or approved child care service (1.1.A.90) has been paid more than they were entitled to receive, the amount in excess of their entitlement is a debt to the Commonwealth under the application of the:
Note: Not all debts are recoverable. Depending on the circumstance, some debts may not be recoverable; they may be waived or written off.
Act reference: FA(Admin)Act Part 4 Division 2 Amounts recoverable under this Act, Part 4 Division 4 Non-recovery of debts
Policy reference: FA Guide 7.1 FA Debts
If an amount has been paid to an individual by way of FTB, FTB advance or baby bonus in respect of a period or event; and the person was not entitled to the payment, then the amount received is a debt due to the Commonwealth.
If an amount has been paid to an individual by way of assistance; and the received amount is greater than the amount of assistance that should have been paid to the individual under the FA law; the difference between the received amount and the correct amount is a debt due to the Commonwealth.
Act reference: FA(Admin)Act section 71 Debts arising in respect of family assistance other than CCB, CCR and FTB advance, 71A Debts arising in respect of FTB advances
If an amount has been paid by way of one-off payment to families, economic security strategy payment, or household stimulus package to families, the amount is a debt due to the Commonwealth only to the extent to which a provision of:
expressly provides that it is.
Act reference: FA(Admin)Act section 70 Debts due to the Commonwealth
Policy reference: FA Guide 7.1 FA Debts
A debtor is an individual, ACO or approved care service that owes a debt to the Commonwealth.
_______________________________________________________
Last reviewed: 13 May 2013
