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.

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 FA than they were entitled to receive, the amount in excess of their entitlement (1.1.E.30) 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

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 (including add-on payments), FTB advance, SBP, 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 of FA has been paid to an individual, and the received amount is greater than the amount of FA 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: