6.7.1.60 Debts arising from ART stay orders
Summary
Where a person applies to the ART for a review of a decision, and the ART has granted a stay order resulting in an overpayment, the difference between the amount that was paid and the amount that was payable is a debt due to the Commonwealth.
A stay order may result in an overpayment as a result of the ART later making a decision that reduces the person’s payment amount.
Note: Section 1223AB only applies where it is the recipient who has pursued the matter in the ART and not Centrelink/Secretary.
Act reference: SSAct section 1223AB Debts arising from ART stay orders