Social Security Act 1991

If:

child disability assistance is paid to a person; and

the assistance is paid because the person was paid an instalment of carer allowance in respect of a period that included a particular 1 July; and

the 1 July component of the instalment, or any part of the 1 July component, becomes a debt due to the Commonwealth;

the amount of child disability assistance determined under subsection (2) or (3) is a debt due to the Commonwealth; and

the debt is taken to have arisen when the amount was paid to the person.

If all of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the amount of assistance that was paid in respect of the eligible care receiver to whose care the instalment relates.

If only part of the 1 July component of the instalment becomes a debt due to the Commonwealth, the amount of child disability assistance that is a debt due to the Commonwealth is the difference between:

the amount paid in respect of the eligible care receiver to whose care the instalment relates; and

the amount applicable under subsection 992MD(2) for the eligible care receiver to whose care the instalment relates, based on the determination under subsection 981(1) that had effect in respect of the 1 July at the time the part of the 1 July component became a debt.

In this section: