Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 60

60. Section 1223 of the Principal Act is amended by inserting after subsection
(1) the following subsections: Non-payability because of certain multiple
entitlement exclusion provisions

"(2) If:

   (a)  an amount has been paid to a person by way of social security payment;
        and

   (b)  the amount was not payable to the person because of one of the
        following multiple entitlement exclusion provisions:

        (i)    subsection 258(3) or (4) (sole parent pension);

        (ii)   subsection 321(3) or (4) (widowed person allowance);

        (iii)  subsection 368(3) (widow B pension);

        (iv)   subsection 532(3), (3A) or (4) (job search allowance);

        (v)    subsection 614(2A), (2B), (3), (3A) or (4) (newstart
               allowance);

        (vi)   subsection 660XCF(3) or (4) or section 660XCG (mature age
               allowance);

        (vii)  subsection 660XCN(3) or section 660XCO (mature age partner
               allowance);

        (viii) subsection 686(3), (4) or (5) (sickness allowance);

        (ix)   subsection 735(3) or (4) or 738(1) (special benefit);

        (x)    subsection 787(3) or (4) (special needs pension); the amount so
               paid is a debt due to the Commonwealth. Note: Other multiple
               entitlement provisions also give rise to debts because of the
               operation of automatic termination provisions. For example, the
               multiple entitlement provision in subsection 258(2) gives rise
               to an automatic termination under section 287A and this in turn
               gives rise to a debt under section 1223A (see paragraph
               1223A(3)(g)). Duplicate instalments

"(2A) If:

   (a)  an amount has been paid to a person by way of an instalment of a
        social security payment; and

   (b)  another amount (the 'later amount') is paid to the person in respect
        of the same instalment; and

   (c)  the later amount is not a payment of arrears; and

   (d)  the later amount would not otherwise be a debt due to the
        Commonwealth; the later amount is a debt due to the Commonwealth.".