Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1994 No. 63, 1994 - SECT 6

6. After section 1223AA of the Principal Act the following section is
inserted:

Debts arising from AAT stay orders

"1223AB. If:

   (a)  a person applies to the Administrative Appeals Tribunal under section
        1283 for review of a decision; and

   (b)  the Administrative Appeals Tribunal makes an order under subsection 
        41(2) of the Administrative Appeals Tribunal Act 1975; and

   (c)  as a result of the order, the amount that has in fact been paid to the
        person by way of social security payment is greater than the amount
        that was payable to the person; the difference between the amount that
        was in fact paid to the person and the amount that was payable to the
        person is a debt due to the Commonwealth and recoverable by the
        Commonwealth by means of:

   (d)  if the person is receiving a social security payment-deductions from
        that person's payment; or

   (e)  if section 1234A applies to another person who is receiving a social
        security payment-deductions from that other person's payment; or

   (f)  legal proceedings; or

   (g)  garnishee notice. Note 1: Subsection 43(6) of the
        Administrative Appeals Tribunal Act 1975 provides that the AAT's
        decision on the review will generally take effect from the day on
        which the SSAT's decision had effect. Since this is the case, the
        amount 'payable' to the person during the stay period is the amount
        finally determined by the AAT as being payable and not the amount that
        was paid in accordance with the terms of the stay order. Note 2: For
        deductions see sections 1231 and 1234A. Note 3: For legal proceedings
        see section 1232. Note 4: For garnishee notice see section 1233.".