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.

6.4.6 Failure to Pay Recoverable Amount

Summary

This section contains information about action needed when Centrelink's charge is not refunded.

Act reference: SSAct Part 3.14 Compensation recovery

Policy reference: SS Guide 6.4.2 Overview of Recovery Rules

Action needed when Centrelink's charge is not refunded

The following table shows the action required if a compensation payment is released without refunding Centrelink's charge (1.1.C.270). In addition to remaining liable to pay the amount specified in a notice, penalties can also be imposed on the compensation payer or insurer for failing to comply.

If the insurer or compensation payer has… Then…
been served a preliminary notice ONLY, a recovery notice should be served IMMEDIATELY.
been served a recovery notice, the insurer or compensation payer remains responsible for the charge.
NOT been served either notice and the compensation payment has been made, a recovery notice should be served on the compensation recipient.
been served either notice incorrectly,
  • if the compensation payment has not been made re-serve notices on the insurer or compensation payer.
  • if compensation payment has been made, recovery notice to be served on compensation recipient.

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