1.1.D.40 Debt

Usage

This definition applies to all payments.

Definition

A person is said to have a debt to the Commonwealth if a person owes monies to the Commonwealth due to the application of:

  • SSAct Part 5.2 - Amounts recoverable under this Act,
  • SSAct section 1135 - Effect of participation in pension loans scheme-creation of debt,
  • SS(Admin)Act Part 3B Division 8 - Debt recovery etc. and Part 3D - Trial of cashless welfare arrangements,
  • overpayments under certain other Acts or schemes,
  • debts incurred under other Acts for failing to repay part or all of overpayments referred to in the previous point,
  • Data-matching Program (Assistance and Tax) Act 1990 subsection 11(6),
  • an international social security agreement (1.1.A.120),
  • AoS (1.1.A.310) provisions.

Not all debts are recoverable, nor is action always taken to ensure repayment of recoverable debts. SSAct Chapter 5 and SS Guide Part 6 should be consulted in all cases.

Act reference: SSAct Part 5.1 Effect of Chapter, Part 5.2 Amounts recoverable under this Act

Policy reference: SS Guide 6.3 Assessing Overpayments, 6.7.1 Amounts Recoverable under the SSAct

Last reviewed: 3 July 2017