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.

6.7.3.100 Waiver of Assurance of Support debts

Summary

SSAct section 1061ZZGG states that if the assuree receives a recoverable social security payment during the AoS period, the assurer is liable to repay the Commonwealth the amount of payment received by the assuree and an AoS debt will be raised against the assurer under SSAct section 1227.

The usual write off and waiver provisions apply to AoS debts (except waiver due to administrative error), however SSAct section 1237AAE imposes additional rules for the waiver of debts under sections 1237AAA (small debt waiver), 1237AAB (waiver in relation to settlements) and 1237AAD (special circumstances waiver). See 9.4.7 for more detail.

Act reference: SSAct section 1061ZZGG Liability to pay for social security payments, section 1237 Power to waive Commonwealth's right to recover debt, section 1237A Waiver of debt arising from error, section 1237AAA Waiver of small debt, section 1237AAB Waiver in relation to settlements, section 1237AAD Waiver in special circumstances, section 1237AAE Extra rules for waiver of assurance of support debts

Policy Reference: SS Guide 1.1.A.310 Assuree, assurer, assurance of support, assurance of support security, 6.7.3.10 Write off of debt, 6.7.3.20 Waiver of debt, 9.4.7 AoS debts

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