Superannuation Act 1976

If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.

If a payment is made under subsection (1) to the recipient, the relevant amount:

is a debt due to the Commonwealth by the recipient; and

may be recovered by the CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.

If:

a payment is made under subsection (1) to the recipient; and

the recipient is receiving, or is entitled to receive, a benefit;

the relevant amount; or

such part of the relevant amount as the Board of CSC determines;

For the purposes of subsection 112(2), if a payment under subsection (1) of this section relates to a benefit (within the meaning of this Act), the payment is taken to be a benefit.

For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.

For the purposes of this section (other than subsection (4)), benefit includes pension or other money payable under the superseded Act.