Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1224D

  (1)   If:

  (a)   a person (the recipient ) has received mobility allowance advance; and

  (b)   the advance was paid because the recipient or another person:

  (i)   made a false statement or a false representation; or

  (ii)   failed or omitted to comply with a provision of the social security law or this Act as in force immediately before 20   March 2000; and

  (c)   the Secretary determines that the recipient's qualification for mobility allowance ceased on a particular day during the recipient's advance payment period;

the amount worked out under subsection   (2) is a debt due to the Commonwealth.

  (2)   For the purposes of subsection   (1), the amount of the recipient's debt is:

where:

"amount of advance" means the amount of mobility allowance advance paid to the recipient under section   1045.

"number of paydays" means the number of whole paydays in the period that starts on the day determined by the Secretary under paragraph   (1)(c) and ends at the end of the recipient's advance payment period.

  (3)   In this section:

"advance payment period" for mobility allowance advance is the period of 26 weeks starting on the first payday for which it is practicable to pay the advance and adjust the mobility allowance payments of the recipient.

Note:   Any reduction in the advance payment period under section   1044A is not taken into account for the purposes of this definition.