The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

6.7.1.60 Debts arising from AAT stay orders

Summary

Where a person applies to the AAT for a review of a decision, and the AAT has granted a stay order resulting in an overpayment, the difference between the amount that was paid and the amount that was payable is a debt due to the Commonwealth.

A stay order may result in an overpayment as a result of the AAT later making a decision that reduces the person’s payment amount.

Note: Section 1223AB only applies where it is the recipient who has pursued the matter in the AAT and not the department.

Act reference: SSAct section 1223AB Debts arising from AAT stay orders

Last reviewed: 1 July 2022

The Australian Government acknowledges Aboriginal and Torres Strait Islander peoples throughout Australia and their continuing connection to land, water, culture and community. We pay our respects to the Elders both past and present.