Social Security (Administration) Act 1999

This section applies if:

a person (the first person) is subject to the income management regime; and

under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and

the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and

the third person has breached a condition of the payment.

So much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services is a debt due by the third person to the Commonwealth.

For debt recovery, see Chapter 5 of the 1991 Act.

If the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.

If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is:

credited to the Income Management Record; and

credited to the first person’s income management account.