6.7.1.100 Overpayments under other Acts

Summary

A person who was receiving a payment under another Act or scheme (as listed below), and who was not entitled to that payment but is receiving a social security payment under the SSAct, will have a debt due to the Commonwealth that is recoverable by deductions from the debtor's social security payment.

These Acts and schemes include:

  • a payment of pension or allowance under the VEA, or
  • a payment of family assistance within the meaning of the FAAct, or
  • a payment of compensation (within the meaning of the MRCA), or
  • a payment of pension or allowance under the Seamen's War Pensions and Allowances Act 1940, or
  • a payment under:
    • the Austudy Scheme, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force, or
    • the ABSTUDY Schooling Scheme, or
    • the ABSTUDY Tertiary Scheme (to the extent that it applies to full-time students), or
    • the AIC Scheme, or
    • the Veterans' Children Education Scheme, or
    • the Post-Graduate Awards Scheme, or
    • the Adult Migrant Education Program Living Allowance, or
    • the Maintenance Allowance for Refugees, or
    • the ESL Allowance (to the extent that it applies to full-time students), or
  • an amount paid to the person on or after 12 August 1988 for participating in a LMP. LMPs were previously administered by the then Department of Education, Employment and Training, and provided income support for people undertaking various kinds of vocational training.

A person who was receiving a payment under the Financial Case Management Scheme and who was not entitled to that payment but is receiving a social security payment under the SSAct will have a debt due to the Commonwealth that is recoverable by deductions from the debtor's social security payment.

Act reference: SSAct section 1228 Overpayments arising under other Acts and schemes, section 1228(3) … an amount was paid under the scheme …, section 1231 Deductions from debtor's pension, benefit or allowance

Last reviewed: 12 August 2019