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Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Bill 2003
Schedule 5 Comparable foreign payment debt recovery

   

Social Security Act 1991

1  Subsection 1222(1) (notes)

Repeal the notes.

2  Subsection 1222(2) (after table item 15)

Insert:

 

15A

1228A (comparable foreign payment debts)

deductions

legal proceedings

garnishee notice

repayment by instalments

1231, 1234A

1232

1233

1234

3  After section 1228

Insert:

1228A   Comparable foreign payment debt recovery

             (1)  This section applies if:

                     (a)  an amount (the social security amount ) was paid to a person by way of a social security payment in respect of a particular period; and

                     (b)  another amount (the lump sum ) was paid as a lump sum:

                              (i)  to the person; or

                             (ii)  to the person’s partner, if the person is a member of a couple;

                            by way of a payment of arrears of a comparable foreign payment in respect of that period; and

                     (c)  assuming that the lump sum had been paid by way of periodical payments of the comparable foreign payment in respect of the period, the social security amount would have been reduced.

             (2)  The amount by which the social security amount would have been reduced is a debt due to the Commonwealth.

             (3)  Section 1073 does not apply to the person in respect of the lump sum.

4  Application

Section 1228A of the Social Security Act 1991 applies in relation to lump sums paid on or after the commencement of this Schedule, whether or not the lump sum relates wholly or partly to a period occurring wholly or partly before that commencement.