Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (FURTHER BUDGET AND OTHER MEASURES) ACT 1996 No. 83, 1996 - SCHEDULE 3

Schedule 3-Holiday processing of social security benefits
Social Security Act 1991 1 Paragraph 1223AA(1)(a) After "social security
benefit", insert "(other than partner allowance)". 2 Paragraph 1223AA(1)(b)
Repeal the paragraph, substitute:

   (b)  the person fails to provide a statement under section 408JC (widow
        allowance), section 658 (newstart allowance), section 660YID (mature
        age allowance), section 728 (sickness allowance), or section 760
        (special benefit), in respect of the period; 3 After subsection
        1223AA(1) Insert:

(1AA) If a person has received a prepayment of partner allowance in respect of
a period and:

   (a)  the person fails to provide a statement under section 771MD in respect
        of the period; or

   (b)  the person's partner fails to provide a statement under section 658
        (newstart allowance), section 660YID (mature age allowance), or
        section 760 (special benefit), in respect of the period; the amount of
        the prepayment is a debt due to the Commonwealth. 4 Subsection
        1223AA(1A) After "subsection (1)", insert "or (1AA)". 5 Paragraph
        1223AA(1B)(c) After "subsection (1)", insert "or (1AA)". 6 After
        subsection 1223AA(1B) Insert:

(1BA) If:

   (a)  a person has, whether before or after the commencement of this
        subsection, received a payment (the received amount) of a social
        security benefit (other than parenting allowance) in respect of a
        period; and

   (b)  the received amount was calculated having regard to estimated income
        or anticipated changes of circumstances set out in a statement made in
        response to a recipient statement notice in respect of the period; and

   (c)  the person's actual income or the circumstances that actually occur
        are different from those estimated or anticipated; and

   (d)  the received amount is more than the amount (if any) of the social
        security benefit (the correct amount) that would have been paid under
        this Act to the person in respect of the period if the income or
        circumstances set out in the statement had been the person's actual
        income or the circumstances that actually occurred; the difference
        between the received amount and the correct amount is a debt due to
        the Commonwealth. Note: For recipient statement notice see subsection
        23(1). Note: The heading to section 1223AA is replaced by the heading
        "Debts arising from prepayments and certain other payments". 7
        Subsection 1223AA(1C) Omit "or (1B)", substitute ", (1AA), (1B) or
        (1BA)". 8 Subsection 1223AA(2) (definition of prepayment) Omit "652",
        substitute "408GG, 652, 660YGG".
Student and Youth Assistance Act 1973 9 After subsection 262(3) Insert:
Calculation of debt: estimated income or anticipated circumstances

(3A) If:

   (a)  a person has, whether before or after the commencement of this
        subsection, received a payment (the received amount) of a youth
        training allowance in respect of a period; and

   (b)  the received amount was calculated having regard to estimated income
        or anticipated changes of circumstances set out in a statement made in
        response to a notice under section 150 in respect of the period; and

   (c)  the person's actual income or the circumstances that actually occur
        are different from those estimated or anticipated; and

   (d)  the received amount is more than the amount (if any) of the youth
        training allowance (the correct amount) that would have been paid
        under this Act to the person in respect of the period if the income or
        circumstances set out in the statement had been the person's actual
        income or the circumstances that actually occurred; the difference
        between the received amount and the correct amount is a debt due to
        the Commonwealth. Note: The heading to section 262 is replaced by the
        heading "Debts arising from prepayments and certain other payments".
        10 Subsection 262(4) Omit "or (3)", substitute ", (3) or (3A)".