Mobility allowance advance debts
1224D Mobility allowance advance debts
If:
a person (the recipient) has received mobility allowance advance; and
the advance was paid because the recipient or another person:
made a false statement or a false representation; or
failed or omitted to comply with a provision of the social security law or this Act as in force immediately before 20 March 2000; and
the Secretary determines that the recipient’s qualification for mobility allowance ceased on a particular day during the recipient’s advance payment period;
the amount worked out under subsection (2) is a debt due to the Commonwealth.
For the purposes of subsection (1), the amount of the recipient’s debt is:
Start formula start fraction amount of advance over 13 end fraction times number of paydays end formula
where:
amount of advance means the amount of mobility allowance advance paid to the recipient under section 1045.
number of paydays means the number of whole paydays in the period that starts on the day determined by the Secretary under paragraph (1)(c) and ends at the end of the recipient’s advance payment period.
In this section:
advance payment period for mobility allowance advance is the period of 26 weeks starting on the first payday for which it is practicable to pay the advance and adjust the mobility allowance payments of the recipient.
Any reduction in the advance payment period under section 1044A is not taken into account for the purposes of this definition.
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