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.

6.7.3.90 Waiver of debts of a particular class

Summary

Debts arising under or as a result of the SSAct or Part 3AA or Part 3B of the SS(Admin)Act can be waived by the Secretary through section 1237AB of SSAct. This is only allowable if the Minister has introduced a legislative instrument that specifies this class of debt.

Note: Not all acts include a provision for a legislative instrument to waive a class of debts, for example, the Student Assistance Act 1973.

Act reference: SSAct section 1237AB Secretary may waive debts of a particular class

List of class waivers under section 1237AB

The following table lists classes of debts that have been specifically waived under section 1237AB.

Federal Register of Legislative number Commencement date Details Repealed?
2004
F2007B00204 2 April 2004 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Repealed on 1 April 2017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.
2007
F2007L00654 14 March 2007 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Repealed on 1 April 2017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
2009
F2009L01793 12 May 2009 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Repealed on 1 October 2019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.
F2009L01799 12 May 2009 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.
F2009L03492 10 September 2009 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.
F2009L03509 11 September 2009 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.
F2009L03948 15 October 2009 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.
F2009L04113 5 November 2009 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.
2011
F2011L00937 3 June 2011 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.
F2011L00935 3 June 2011 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.
F2011L01263 27 June 2011 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.
F2011L01536 26 July 2011 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.
2014
F2014L00161 19 February 2014 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.
2017
F2017L01694 21 December 2017 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.

 -
2019
F2019L00116 11 February 2019 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.

 -
2021
F2021L00865 28 June 2021 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 replaces 2 instruments that were due to sunset – F2011L00937 and F2011L00935.

 -

*Department of Education, Employment and Workplace Relations
**Department of Families, Housing, Community Services and Indigenous Affairs

Note Explanation
A 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.

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