Social Security (Administration) Act 1999

If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that:

the person’s income management account is to be debited by one or more amounts equal to the excess amount; or

the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.

Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.

If the Secretary makes a determination under paragraph (1)(a):

the Income Management Record is debited by one or more amounts equal to the excess amount; and

the person’s income management account is debited by one or more amounts equal to the excess amount.

A determination made under subsection (1) is not a legislative instrument.