1.1.D.60 Debt, debtor

Definition: debt

Generally, if an individual (1.1.I.90), ACO (1.1.A.80) or approved provider (1.1.A.90) has been paid more than they were entitled to receive, the amount in excess of their entitlement (1.1.E.30) is a debt (1.1.D.60) 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 - where there was no entitlement to the amount received

If an amount has been paid to an individual by way of FTB, FTB advance, CCS, ACCS or SIFS in respect of a period or event; and the person (1.1.P.80) was not entitled to the payment, then the amount received is a debt due to the Commonwealth.

Debts arising in respect of FA - 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 70 Debts due to the Commonwealth, section 71 Debts in respect of family assistance other than CCS, ACCS and FTB advance, section 71A Debts arising in respect of FTB advances, section 71B Debts in respect of CCS or ACCS-no entitlement, section 71C Debts in respect of CCS or ACCS-overpayment

Policy reference: FA Guide 7.1 FA Debts

Definition: debtor

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

Last reviewed: 2 July 2018