Investigating administrative or computer error debts for Social Security payments 107-02040030

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Policy

Social Security Guide, 6.7.1.20, Debts arising under the SSAct from 1/7/2001

Social Security Guide, 6.7.1.10, Debts due to the Commonwealth

Social Security Guide, 3.1.3, Notification & recipient obligations

Social Security Guide, 6.7.3.30, Waiver for Administrative Error Debt

Legislation

Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.

Social Security Act 1991

Section 1223(1AC) of the Social Security Act 1991

Provides the authority to raise a debt where an administrative or computer error is the reason for the overpayment. It:

may be for all or part of the overpayment
may or may not be a notifiable change

Section 1223(1AD) of the Social Security Act 1991

Prevents a debt being raised where no valid notice exists, and

an overpayment occurs due to administrative or computer error, and
a notifiable change of circumstances is involved

Section 1223(1AE) of the Social Security Act 1991

Subsection (1AE) allows Services Australia to calculate the debt under Subsection (1AC) from the first date of the incorrect rate as the normal date of effect rules in divisions 8, 9 and 10 of part 3 of the Social Security (Administration) Act 1999 do not apply.

Social Security Act 1991, section 1223(1), Debts arising from lack of qualification, overpayment etc.

Social Security (Administration) Act 1999