Debts in respect of business continuity payments paid to provider
71H Debts in respect of business continuity payments paid to provider
If:
an amount is paid under section 205A or 205C (business continuity payments) in respect of a child care service; and
any of the following occurs:
the approval of the provider of the service is suspended or cancelled;
the approval of the provider of the service is varied to remove the service from the approval;
the approval of the provider in respect of the service is suspended; and
the whole or a part of the amount has not already been set off against another amount under section 205B by the day the suspension, cancellation or variation takes effect;
then that whole or part is a debt due to the Commonwealth by the provider immediately before the provider’s approval was suspended, cancelled or varied.
If:
an amount is paid under section 205C (business continuity payments—emergency or disaster) in respect of a child care service; and
the provider of the service is not eligible for the whole or a part of the payment;
then that whole or part is a debt due to the Commonwealth by the provider.
If:
a payment under section 205A or 205C is made to a financial institution for the credit of an account kept with the institution (an incorrect account); and
the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person, or one of the persons, in whose name the incorrect account was kept;
an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account was kept.
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