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

Last reviewed: 12 August 2019