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 ART 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 1223ABM | Debts in respect of 2022 cost of living payment |
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 ART 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 1223ABM Debts in respect of 2022 cost of living payment, 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