Social Security (Waiver of Debts) Specification 2007
Social Security Act 1991
I, MALCOLM THOMAS BROUGH, Minister for Families, Community Services and Indigenous Affairs, make this Specification under section 1237AB of the Social Security Act 1991.
Dated 7 March 2007
MAL BROUGH
Minister for Families, Community Services and Indigenous Affairs
  
  
1              Name of Specification
                This Specification is the Social Security (Waiver of Debts) Specification 2007.
2              Commencement
                This Specification commences on the day after the end of the period for disallowing it.
Note   For that period, see section 42 of the Legislative Instruments Act 2003.
3              Interpretation
         (1)   In this Specification:
Act means the Social Security Act 1991.
disability pension means a disability pension under the Veterans’ Entitlements Act (including a pension under Part II or IV of that Act at a rate determined under, or by reference to, subsection 30 (1) of that Act).
         (2)   A reference in this Specification to an age pension, a carer pension or a disability support pension is a reference to the social security payment, within the meaning of the Act, that is known by that name.
4              Specification of classes of debts
                For section 1237AB of the Act, the classes of debts that are specified are those set out in Schedule 1, being debts about which the Secretary became aware following the comparison that was made during the period beginning on 1 December 2005 and ending on 28 February 2006 of the records of:
                (a)    persons receiving age pension, carer pension or disability support pension from Centrelink; and
               (b)    persons receiving a service pension, disability pension or an income support supplement from the Department of Veterans’ Affairs.
5              Exception for debts arising from false statements
                Section 4 does not apply to a debt arising from a payment that was made to a person because the person knowingly made a false or misleading statement, or knowingly gave false information, to the Commonwealth.
Schedule 1        Classes of debts
(section 4)
       1.       Debts arising from payment of an age pension to a person to whom the pension was not payable because of:
                (a)    subsection 47 (1) or (7) of the Act; or
               (b)    subsection 47 (2) of the Act, in so far as the age pension was not payable because a service pension had become payable to the person; or
                (c)    subsection 47 (3) of the Act.
Note   Subsection 47 (3) of the Act does not apply to certain age pensions (see subsections 47 (4), (5) and (6) of the Act).
       2.       Debts arising from payment of a carer payment to a person to whom the payment was not payable because of:
                (a)    subsection 202 (1) or (7) of the Act; or
               (b)    subsection 202 (2) of the Act, in so far as the carer payment was not payable because a service pension had become payable to the person.
                (c)    subsection 202 (3) of the Act; or
Note   Subsection 202 (3) of the Act does not apply to certain carer payments (see subsections 202 (4), (5) and (6) of the Act).
       3.       Debts arising from payment of an age pension or carer payment to a person that was not payable, or was payable at a lower rate, because the person was receiving a disability pension.
       4.       Debts arising from payment of an age pension, disability support pension or carer payment to a person that was not payable, or was payable at a lower rate, because the person was a member of a couple and the person’s partner was receiving:
                (a)    a disability pension; or
               (b)    a service pension; or
                (c)    income support supplement.