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1.1.D.60 Debt, debtor

Definition: debt

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:

  • A New Tax System (Family Assistance) (Administration) Act 1999, or
  • Data-matching Program (Assistance and Tax) Act 1990.

 

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

 

Debts arising in respect of FA other than CCB - where there was no entitlement to the amount received

If an amount has been paid to an individual by way of FTB, FTB advance, SIFS 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.

 

Debts arising in respect of FA other than CCB - where a person receives an overpayment

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

 

Debts arising from special payments

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:

  • A New Tax System (Family Assistance) (Administration) Act 1999, or
  • the Data-matching Program (Assistance and Tax) Act 1990,

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

 

Definition: debtor

A debtor is an individual, ACO or approved care service that owes a debt to the Commonwealth.

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Last reviewed: 1 July 2013


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Last Edited: 06/06/2013 11:03:13 AM


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