Commonwealth Consolidated Acts

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CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72AA

Deductions from social security pensions and benefits

  (1)   If the payer of an enforceable maintenance liability covered by subsection   17(2) is in receipt of a social security pension or a social security benefit, the Registrar may give a written notice to the Secretary:

  (a)   specifying the payer's name and setting out sufficient particulars to enable the Secretary to identify the payer; and

  (b)   instructing the Secretary to make the prescribed periodic deduction from the payer's social security pension or social security benefit as from the specified day.

  (2)   If:

  (a)   a person by whom a child support debt or carer debt is due (whether before or after the commencement of this section) has not paid the debt; and

  (b)   the person is in receipt of a social security pension or a social security benefit;

the Registrar may give a written notice to the Secretary:

  (c)   specifying the person's name and setting out sufficient particulars to enable the Secretary to identify the person; and

  (d)   for a child support debt--instructing the Secretary to:

  (i)   make the prescribed periodic deduction from the person's social security pension or social security benefit from a specified day until the debt is paid; or

  (ii)   if the Registrar is satisfied the person is in financial hardship--make the specified lesser periodic deduction from the person's social security pension or social security benefit from a specified day until the debt is paid; and

  (e)   for a carer debt--instructing the Secretary to deduct an amount, determined by the Registrar, from the payer's social security pension or social security benefit from a specified day until the debt is paid.

  (2A)   In making a determination for the purposes of paragraph   (2)(e), the Registrar may determine an amount that reduces a person's pension or benefit to nil if the person has consented to the amount of the deduction being an amount that would reduce the payment to nil.

  (3)   A notice may be given by electronic transmission or by any other means.

  (4)   Subsection   (2) does not apply to an amount due in respect of a liability covered by section   18.

  (6)   In this section:

"social security benefit" and social security pension have the same respective meanings as in the Social Security Act 1991 .



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