Debt investigation 107-02040000
This document outlines information to determine whether a legally recoverable debt exists.
Evidence of a debt
If there is evidence of a debt, Debt Staff will:
- investigate the customer's circumstances
- investigate all events relevant to the debt
Investigate as soon as possible after a potential debt is identified. Evidence includes:
- documentation/evidence from the customer, employer etc.
- payment history records
- source documents (continuation forms, etc.)
- details of start and end dates of the debt period
Document all actions on the customer's record.
Use respect, empathy and courtesy when contacting customers, employers or other agencies in line with the Services Australia's Service Commitments.
Action advice received from a customer or their representative immediately to prevent or minimise debts.
Cause of a debt
A debt may be due to a single event, for example, incorrect declaration of income. Identify if parts of the overpayment are solely due to administrative error. Consider a partial waiver in these cases.
For Social Security payments, the Automatic Rate Reduction provisions operate to create the start date of the debt. Administrative delays (in excess of normal processing time):
- May cause a customer to be paid more than they were entitled. This happens even though the customer advised correctly
- Are regarded as administrative error
Consider these debts for waiver, provided the provisions are met. Assess each on its merits.
Finalised No Debt (FND) determination
FND is different from waiving a debt:
- A FND determination involves deciding that no debt ever existed
- Waiving a debt determines that there is a legally recoverable debt. Services Australia has decided to forego its legal right to recover that debt
If the debt has been (incorrectly) determined, this decision can be overturned. The debt must be FND through the Debt Amount (OPDA) screen in DMIS and a different FND code used.
Contents
Finalised 'no debt' (FND) or 'zeroing' debts that are not legally recoverable
Using the correct date of effect when raising debts
Calculating Centrelink entitlements and gathering information when investigating debts
Investigating administrative or computer error debts for Social Security payments
Acceptable evidence for verifying income when investigating debts
Investigating the source and cause of the debt