The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

11.1.10 Recovery of debited funds under income management

Introduction

This section explains the steps taken by the delegate for the recovery of income managed funds when debts have been incurred.

Income management debts, which arise under SS(Admin)Act, Part 3B Division 8, may be processed through methods identical to the debt recovery methods in SSAct Part 5.3. These debts will be recovered as quickly and efficiently as possible without causing real financial hardship to debtors (see 6.7.2).

This will make available a range of recovery methods, including:

  • deductions from the person's pension, benefit or allowance
  • legal proceedings
  • garnishee notice
  • arrangement for payment of debt
  • recovery of amounts from financial institutions, and
  • deductions by consent from the social security payment of a third party.

The non-recovery provisions in SSAct Part 5.4 also apply to this category of debts. That is, in certain circumstances, it will be possible for the delegate to waive or write-off income management debts.

Act reference: SSAct Part 5.3 Methods of recovery, section 1231 Deductions from debtor's pension, benefit or allowance, section 1232 Legal proceedings, section 1233 Garnishee notice, section 1234 Arrangement of payment of debt, section 1234AA Recovery of amounts from financial institutions, section 1234A Deductions by consent from social security payment of person who is not a debtor, Part 5.4 Non-recovery of debts

SS(Admin)Act Part 3B Division 8 Debt recovery etc.

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