6.7.3.90 Waiver of debts of a particular class

YA:

From 1 July 2002 and 26 April 2003 (inclusive), a dependent child receiving YA identified as exempt from parental income test occurring between 1 July 1998 and 26 April 2003 (inclusive) because a parent of the recipient was receiving a specified Commonwealth benefit during that period.

Yes

Repealed on 1 April 2017

Refer to Note A.

Waiver of debts:

This determination outlines the conditions to waive certain classes of debt in relation to multiple entitlement exclusions, about which the Secretary became aware following the Centrelink/DVA customer comparison that was made during the period 1 December 2005 to 28 February 2006 of the records of:

• persons receiving Age, carer pension or DSP from Centrelink, and
• persons receiving a service pension, disability pension or an income support supplement from the DVA.

Yes

Repealed on 1 April 2017

Refer to Note A

Victorian Bushfires (DEEWR*):

The recipient was adversely affected, and the debt was incurred either wholly or partially during the bushfire period 29 January 2009 to 29 April 2009.

Yes

Repealed on 1 October 2019

Refer to Note A.

Victorian Bushfires (FaHCSIA**):

The recipient was adversely affected, and the debt was incurred either wholly or partially during the bushfire period 29 January 2009 to 29 April 2009.

Yes

Repealed on 1 October 2019

Refer to Note A.

Self Managed Superannuation Funds (FaHCSIA):

This determination outlines the criteria for waiving debts related to certain SMSFs, where income streams which were ATE were no longer able to meet requirements due to the impact of the global financial crisis on financial markets.

Yes

Repealed on 30 June 2010

Refer to Note A.

Self Managed Superannuation Funds (DEEWR):

This determination outlines the criteria for waiving debts administered by DEEWR related to certain SMSFs, where income streams which were ATE were no longer able to meet requirements due to the impact of the global financial crisis on financial markets.

Yes

Repealed on 30 June 2010

Refer to Note A.

Small APRA Funds (FaHCSIA):

This determination outlines the conditions under which debts related to certain small APRA funds may be waived, where income streams which were ATE were no longer able to meet requirements due to the impact of the global financial crisis on financial markets.

Yes

Repealed on 30 June 2010

Refer to Note A.

Small APRA Funds (DEEWR):

This determination outlines the conditions under which debts related to certain small APRA funds may be waived, where income streams which were ATE were no longer able to meet requirements due to the impact of the global financial crisis on financial markets.

Yes

Repealed on 30 June 2010

Refer to Note A.

Self Managed Superannuation Funds and Small APRA Funds (DEEWR):

This determination specifies the conditions under which debts administered by DEEWR related to certain SMSFs and small APRA funds may be waived.

Yes

Repealed on 1 October 2021

Refer to Note A.

Self Managed Superannuation Funds and Small APRA Funds (FaHCSIA):

This determination sets out the requirements for waiving debts arising from certain self-managed and small APRA regulated superannuation funds.

Yes

Repealed on 1 October 2021

Refer to Note A.

Disasters (DEEWR):

This determination outlines the conditions under which debts administered by DEEWR can be waived for individuals affected by disasters beginning 1 November 2010, ending 19 March 2011.

Yes

Repealed on 1 October 2021

Refer to Note A.

Disasters (FaHCSIA):

This determination outlines the conditions under which debts can be waived for individuals impacted by disasters beginning 1 November 2010, ending 19 March 2011.

Yes

Repealed on 1 October 2021

Refer to Note A.

University of New South Wales approved course of education or study:

This determination stipulates the conditions under which debts incurred by students enrolled in an approved course of education at the University of New South Wales may be waived.

Yes

Repealed on 1 April 2024

Refer to Note A.

Waiver of Debts — Bereavement Period:

Debt waiver resulting from lump sum payment in arrears for an income stream that relates to a bereavement period or part thereof, and that reverted to the individual upon the death of a primary beneficiary with whom the individual was a member of a couple.

Refugees:

This determination permits the waiver of debts incurred due to an individual receiving payments on the basis of holding a refugee visa from 5 October 2001.

Self Managed Superannuation Funds and Small APRA Funds (DSS):

This determination specifies the conditions under which debts related to certain SMSFs and small APRA funds may be waived. The determination repealed and replaced 2 instruments that were due to sunset – F2011L00937 and F2011L00935.

Waiver of debts – Legacy Product Conversions:

This determination permits the waiver of debts incurred by individuals who commute their assets-test exempt (ATE) income stream products under the Treasury Laws Amendment (Legacy Retirement Product Commutations and Reserves) Regulations 2024 (the Regulations).

It also permits the waiver of debts for individuals whose products lost their ATE status due to commencement of the Regulations but, continued to be assessed as ATE after this time.

Changes were made to the Legislation Act 2003 in 2012 to allow for the repeal of determinations that are spent or no longer required. Repeal of a determination does not undo its previous effect, nor does it limit rights, liabilities or formal proceedings in relation to the previous determination.

Some determinations made under section 1237AB have been repealed because the circumstances for waiver are no longer present or the debts have been finalised.