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 social security payments. 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.

6.7.1.10 Debts due to the Commonwealth

General provision

SSAct section 1222A defines debts due to the Commonwealth.

Section 1222A expressly excludes the possibility that a debt may arise on any basis other than the operation of either the SSAct, the 1947 Act, the Social Security (Fares Allowance) Rules 1998 or the Data-matching Program (Assistance and Tax) Act 1990.

Subsection 1222(1) lists the sections where debts are owed to the Commonwealth under SSAct Part 5.2.

Debt creation provisions of the SSAct

For the purposes of subsection 1222A, the provisions of the SSAct that create debts are:

SSAct section 1223 Debts arising from lack of qualification, overpayment etc.
SSAct section 1223A Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)
SSAct section 1223AA Debts arising from prepayments and certain other payments
SSAct section 1223AB Debts arising from AAT stay orders
SSAct section 1223ABAA Debts arising in respect of one-off payments to older Australians
SSAct section 1223ABA Debts arising in respect of one-off payments to carers
SSAct section 1223ABAAA Debts arising in respect of economic security strategy payments
SSAct section 1223ABAAB Debts arising in respect of training and learning bonuses etc.
SSAct section 1223ABB Debts in respect of child disability assistance
SSAct section 1223ABC Debts in respect of carer supplement for 2009
SSAct section 1223ABD Debts in respect of carer supplement for 2010 and later years
SSAct section 1223ABE Debts in respect of relocation scholarship payments
SSAct section 1223ABF Debts in respect of student start-up loans
SSAct section 1223ABG Debts in respect of one-off energy assistance payments
SSAct section 1223ABH Debts in respect of 2019 one-off energy assistance payments
SSAct section 1223ABI Debts in respect of first 2020 economic support payments
SSAct section 1223ABJ Debts in respect of second 2020 economic support payments
SSAct section 1223ABK Debts in respect of additional economic support payment 2020
SSAct section 1223ABL Debts in respect of additional economic support payment 2021
SSAct section 1224 Debts relating to clean energy advances
SSAct section 1224A Debts relating to EMEPs
SSAct section 1224AA Person other than payee obtaining payment of a cheque
SSAct section 1224AB Debts arising from conviction of person for involvement in contravention of Act by debtor
SSAct section 1224B Education entry payment debt
SSAct section 1224C Data-matching Program (Assistance and Tax) Act debts
SSAct section 1224D MOB advance debts
SSAct section 1224E Debts arising from advance payments of social security entitlements
SSAct section 1224EA Special Employment Advance
SSAct section 1227 Assurance of support debts
SSAct section 1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998
SSAct section 1228 Overpayments arising under other Acts and Schemes
SSAct section 1228A Comparable foreign payment debts
SSAct section 1229A Interest charge-no repayment arrangement in effect
SSAct section 1229B Interest charge-failure to comply with or termination of repayment arrangement
SSAct section 1229C Other rules for interest charge
SSAct section 1230 Garnishee notice debt
SSAct section 1230A Garnishee notice debt under 1947 Act

Act reference: SSAct section 1222A Debts due to the Commonwealth, section 1223 Debts arising from lack of qualification, overpayment etc., section 1223A Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2), section 1223AA Debts arising from prepayments and certain other payments, section 1223AB Debts arising from AAT stay orders, section 1223ABAA Debts arising in respect of one-off payments to older Australians, section 1223ABA Debts arising in respect of one-off payments to carers, section 1223ABAAA Debts arising in respect of economic security strategy payments, section 1223ABAAB Debts arising in respect of training and learning bonuses etc., section 1223ABB Debts in respect of child disability assistance, section 1223ABC Debts in respect of carer supplement for 2009, section 1223ABD Debts in respect of carer supplement for 2010 and later years, section 1223ABE Debts in respect of relocation scholarship payments, section 1223ABF Debts in respect of student start-up loans, section 1223ABG Debts in respect of one-off energy assistance payments, section 1223ABH Debts in respect of 2019 one-off energy assistance payments, section 1223ABI Debts in respect of first 2020 economic support payments, section 1223ABJ Debts in respect of second 2020 economic support payments, section 1223ABK Debts in respect of additional economic support payment 2020, section 1223ABL Debts in respect of additional economic support payment 2021, section 1224 Debts relating to clean energy advances, section 1224A Debts relating to essential medical equipment payments, section 1224AA Person other than payee obtaining payment of a cheque, section 1224AB Joint and several liability for persons involved in contravention of Act, section 1224B Education entry payment debt, section 1224C Data-matching Program (Assistance and Tax) Acts debts, section 1224D MOB advance debts, section 1224E Debts arising from advance payments of social security entitlements, section 1224EA Debts arising from special employment advances of special employment advance qualifying entitlements, section 1227 Assurance of support debt, section 1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998, section 1228 Overpayments arising under other Acts and schemes, section 1228A Comparable foreign payment debt recovery, section 1229A Interest charge-no repayment arrangement in effect, section 1229B Interest charge-failure to comply with or termination of repayment arrangement, section 1229C Other rules for interest charge, section 1230 Debt from failure to comply with garnishee notice, section 1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act

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