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COMMONWEALTHAct
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s 71

Debts in respect of family assistance other than CCS, ACCS and family tax benefit advance

In force
Volume 1Parts 1 to 5 (sections 1 to 152D)
Part 4Overpayments and debt recovery
Division 2Amounts recoverable under this Act

71 Debts in respect of family assistance other than CCS, ACCS and family tax benefit advance

No entitlement to amount

(1)

If:

(a)

an amount has been paid to a person by way of family tax benefit, stillborn baby payment or single income family supplement (the assistance) in respect of a period or event; and

(b)

the person was not entitled to the assistance in respect of that period or event;

the amount so paid is a debt due to the Commonwealth by the person.

Overpayment

(2)

If:

(a)

an amount (the received amount) has been paid to a person by way of assistance; and

(b)

the received amount is greater than the amount (the correct amount) of assistance that should have been paid to the person under the family assistance law;

the difference between the received amount and the correct amount is a debt due to the Commonwealth by the person.

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