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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 161
Waiver where debtor or debtor's partner would have been entitled to child care rebate
(1) If:
(a) a debt arises under this Act from overpayments of child care
assistance made to the debtor; and
(b) the debtor or the debtor's partner does not claim child care rebate
for the period when the overpayments were made; and
(c) an amount of child care rebate would have been payable for the period
when the overpayments were made if the debtor or the debtor's partner
had lodged a claim;
the Secretary must waive the right to recover the
debt to the extent set out in subsection (2).
(2) The Secretary must waive under subsection (1) the right to recover the
amount of debt equal to the amount of child care rebate that would have been
payable to the debtor or the debtor's partner in the 3 year period ending on
the day the overpayment is stopped if:
(3) For the purposes of subsection (2), the amount of child care rebate that
would have been payable to the debtor or the debtor's partner is to be worked
out on the basis that the CCR% applicable was 20%.
Note: The CCR% is used in
calculating the rate of child care rebate--see Module C of Schedule 2.
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