188.8.131.52 Debts arising from AAT stay orders
SSAct section 1223AB refers to a person who:
- applies to the AAT for a review of a decision, and
- the AAT has granted a stay order, and
- as a result of the stay order the person has been paid a social security payment that is greater than the amount that was payable to them.
In this circumstance, the difference between the amount that was paid to the person (as a result of the stay order) and the amount that was in fact payable to the person (as finally determined by the AAT) is a debt due to the Commonwealth.
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