6.7.1.10 Debts Due to the Commonwealth

General provision

SSAct section 1222A defines debts due to the Commonwealth.

Section 1222A expressly excludes the possibility that a debt may arise on any basis other than the operation of either the SSAct, the 1947 Act, the Social Security (Fares Allowance) Rules 1998 or the Data-matching Program (Assistance and Tax) Act 1990.

Subsection 1222(1) lists the sections where debts are owed to the Commonwealth under SSAct Part 5.2.

Debt creation provisions of the SSAct

For the purposes of subsection 1222A, the provisions of the SSAct that create debts are:

SSAct section 1135

Effect of participation in pension loans scheme - creation of debt

SSAct section 1223

Debts arising under this Act

SSAct section 1223A

Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)

SSAct section 1223AA

Debts arising from prepayments

SSAct section 1223AB

Debts arising from AAT stay orders

SSAct section 1223ABAA

Debts arising in respect of one-off payments to older Australians

SSAct section 1223ABA

Debts arising in respect of one-off payments to carers

SSAct section 1223ABAAA

Debts arising in respect of economic security strategy payments

SSAct section 1223ABAAB

Debts arising in respect of training and learning bonuses etc.

SSAct section 1223ABB

Debts in respect of child disability assistance

SSAct section 1223ABC

Debts in respect of carer supplement for 2009

SSAct section 1223ABD

Debts in respect of carer supplement for 2010 and later years

SSAct section 1223ABE

Debts in respect of scholarship payments

SSAct section 1224

Debts relating to clean energy advances

SSAct section 1224A

Debts relating to LISs or EMEPs

SSAct section 1224AA

Person other than payee obtaining payment of a cheque

SSAct section 1224AB

Debts arising from conviction of person for involvement in contravention of Act by debtor

SSAct section 1224B

Education entry payment debt

SSAct section 1224C

Data-matching Program (Assistance and Tax) Act debts

SSAct section 1224D

MOB advance debts

SSAct section 1224E

Debts arising from advance payments of social security entitlements

SSAct section 1224EA

Special Employment Advance

SSAct section 1227

Assurance of support debts

SSAct section 1227B

Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998

SSAct section 1228

Overpayments arising under other Acts and Schemes

SSAct section 1228A

Comparable foreign payment debts

SSAct section 1229A

Interest charge-no repayment arrangement in effect

SSAct section 1229B

Interest charge-failure to comply with or termination of repayment arrangement

SSAct section 1229C Other rules for interest charge

SSAct section 1230

Garnishee notice debt

SSAct section 1230A

Garnishee notice debt under 1947 Act

Act reference: SSAct section 1222A Debts due to the Commonwealth, section 1135 Effect of participation in pension loans scheme-creation of debt, section 1223 Debts arising from lack of qualification, overpayment etc., section 1223A Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2), section 1223AA Debts arising from prepayments and certain other payments, section 1223AB Debts arising from AAT stay orders, section 1223ABAA Debts arising in respect of one-off payments to older Australians, section 1223ABA Debts arising in respect of one-off payments to carers, section 1223ABAAA Debts arising in respect of economic security strategy payments, section 1223ABAAB Debts arising in respect of training and learning bonuses etc., section 1223ABB Debts in respect of child disability assistance, section 1223ABC Debts in respect of carer supplement for 2009, section 1223ABD Debts in respect of carer supplement for 2010 and later years, section 1223ABE Debts in respect of scholarship payments, section 1224 Debts relating to clean energy advances, section 1224A Debts relating to low income supplements or essential medical equipment payments, section 1224AA Person other than payee obtaining payment of a cheque, section 1224AB Joint and several liability for persons involved in contravention of Act, section 1224B Education entry payment debt, section 1224C Data-matching Program (Assistance and Tax) Acts debts, section 1224D MOB advance debts, section 1224E Debts arising from advance payments of social security entitlements, section 1224EA Debts arising from special employment advances of special employment advance qualifying entitlements, section 1227 Assurance of support debt, section 1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998, section 1228 Overpayments arising under other Acts and schemes, section 1228A Comparable foreign payment debt recovery, section 1229A Interest charge-no repayment arrangement in effect, section 1229B Interest charge-failure to comply with or termination of repayment arrangement, section 1229C Other rules for interest charge, section 1230 Debt from failure to comply with garnishee notice, section 1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act

Last reviewed: 3 July 2017