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Raising Assurance of Support (AoS) debts 005-03060000




Contact details

Assurance of Support (AoS)

Families and Migrant Program - Business Release Management > positional mailboxes

Debt and Compensation Program (DCP) Branch and Payment Assurance Operations (PAO) contacts > Debt raising and recovery

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Calculators and tools

Payment Summary Tool

Debt Proforma


Do not share this attachment externally. See Freedom of Information – Information Publication Scheme.
Note: use 'Save As' workaround to download/use attachment
A linked attachment is available for staff only (i.e. under IPS/FOI)AoS Debt Proforma

Distinction between an AoS debt and a debt arising from a contravention of the Act

Table 1

Item

Description

1

For example, the assuree claims fraudulently, the assuree incorrectly declares earnings:

  • Where a recoverable payment is made to an assuree in accordance with social security law during the AoS period:
    • An AoS debt is raised by the AoS processing team under section 1227 of the Social Security Act 1991
    • Liability for repayment of an AoS debt rests with the assurer(s)
  • If the assuree is paid an amount to which they are not entitled, and it is determined this amount is a legally recoverable debt. The:
    • debt is raised against the assuree under the relevant legislation (for example, section 1223 of the Social Security Act 1991)
    • assuree, not the assurer, is liable to repay these amounts
    • normal debt raising procedures are to be followed, including consideration of non-recovery (for instance, waiver)

Reasons an AoS debt cannot be waived

Table 2

Item

Description

1

  • An AoS debt cannot be waived due to administrative error, as section1237A of the Social Security Act 1991 only applies where the payment is received by the debtor (assurer). An assurer does not receive the payment so section 1237A does not apply. For example:
    • Where an assuree had received an incorrect rate of recoverable payment, due to an administrative error. Although the error was administrative, the payment was made to the assuree rather than the debtor
    • The debt cannot be waived due to administrative error as the assuree is not the debtor in the AoS case
  • Section 137AAE of the Social Security Act 1991 strengthens debt recovery provisions by imposing extra rules when considering the waiver of AoS debts. These rules prevent a waiver of debt:
    • if the assurer(s) claim they were unaware of the obligations of providing an AoS. This is because the potential assurer must attend an interview with Services Australia where they will have these obligations explained to them. They must then confirm that they understand these AoS obligations
    • amounts which are lower or equal to the bond amount irrespective of whether the AoS was provided by a single assurer or joint assurers

FAQs - when using the Payment Summary Tool

Table 3

Item

Description

Having problems or access issues using the PS Tool?

Problems loading the Payment Summary Tool (PS Tool) in Windows 10:

  • Use Microsoft Edge to launch the PS Tool. If it does not work, re-run/run the 365 Apps Fix for Appeals and Compliance Macro Tools - Run (available from the Software Centre)
  • Only have Customer Record open. Close any Process Direct and Customer First windows

For help using the PS Tool, see:

For Windows 11 users, the PS Tool is only distributed through Company Portal. To request access for the PS Tool in Windows 11:

  • Go to ICT Security Portal (ISP) > Request resource
  • Role/Resource required - AP-G-Payment-Summary-Tool-PSTool
  • In these fields:
    • Reason, explain why the resource is required
    • Category, select Active Directory > Desktop Application
    • Filter by, select Description
    • Containing, type part of resource title (i.e. PSTool) then selects Search
  • Use > to add the resource from the Search Results column to Resources to Request column
  • Select Submit

Once granted, download the PS tool from the customer portal. Once installed, access the PS tool via the start menu.

Staff need to have the customers record open in customer record and enter the relevant dates and run the tool as normal.

What dates do I use in the PS Tool when calculating debts?

The PS Tool captures the whole fortnightly payments. During the AOS period, Process Direct calculates any debt based on the delivery date. If paid outside of the review period, that payment is included in the following yearly review.

When the AoS period first commences and the assuree is in receipt of a recoverable payment, or when the AoS period expires and the assuree continues to be paid a recoverable payment, manually calculate the debt amount for that first and last fortnight.

Example

Yearly Review period 08/10/2023 to 07/10/2024:

  • First entitlement period that contains the review start date is 03/10/2023 to 16/10/2023 with a gross amount of $896.56. As the Yearly Review starts on the 08/10/2023, do not count the first 5 days of the payment:
    • Calculate the daily rate by dividing the payment amount by the number of days in the payment period. In this case, it will be $896.56 / 14 = $64.04
    • As the first 5 days are not counted, calculate the daily rate by the remaining number of days. In this case $64.04 X 9 = $576.36

Expiry Review period 08/10/2023 to 07/10/2024:

  • Last entitlement period that contains the review end date is 01/10/2024 to 14/10/2024 with a gross amount of $930.44. As the Expiry Review ends on the 07/10/2024, do not count 7 days of the payment:
    • Calculate the daily rate as per above. In this case $930.44 / 14 = $66.46
    • As the last 7 days are not counted, in this case $66.46 X 7 = $465.22

Coding the OPCA screen when raising a manual debt?

For payments where the entitlement period falls across 2 financial years, only include payments paid in that financial year.

For example, EPED 30/06/2024 but delivery date 01/07/2024, include that last payment in the 2024/2025 financial year.


Non-recoverable payments for AoS debts

Table 4: this table provided details of payments that were not recoverable before 1 January 2008 but are recoverable from 1 January 2008. Staff need to deduct payment types Returned (RTN), Partially returned (PTL), Re-issued and Advances from any calculation.

Payment / Allowance

Before 01/01/2008

After 01/01/2008

Made recoverable from

Assistance for Older Australians (AOA)

No

No

N/A

Bereavement Allowance (BVA)

No

No

N/A

Clean Energy Advance (CEA)

No

No

N/A

Clean Energy Supplement (CES)

No

Yes

01/07/2012

Coronavirus Supplement (CVS)

N/A

No

N/A

Cost of Living Payment (CLP)**

N/A

No

N/A

Economic Support Payment (ESP)

N/A

No

N/A

Education Entry Payment (EdEP)

No

Yes

01/01/2008

Employment Entry Payment (EEP)

No

Yes

01/01/2008

Energy Supplement (ES)

No

Yes

20/09/2014

Fares Allowance (FAA)

No

Yes

01/01/2008

Income Support Bonus (ISB)

No

No

N/A

Language Literacy Numeracy Payment and Language Literacy Numeracy Supplement (LLNS)

No

Yes

01/01/2008

Mobility Allowance (MOB)

No

No

N/A

Pensioner Education Supplement (PES)

No

Yes

01/01/2008

Pension Supplement (part of standard PPS rate)

No

Yes

01/01/2008

Pharmaceutical Allowance (PhA)

Yes

Yes

01/07/2003

Remote Area Allowance (RAA)

Yes

Yes

01/07/2003

Rent Assistance (RA)

Yes

Yes

01/07/2003

Student Start-up Loan (SSL)

No

No

N/A

Student Start up Scholarship (SSS)

No

No

N/A

Telephone Allowance (TAL)

No

Yes

01/01/2008

Training or Learning Bonus (TLB)

No

No

N/A

Utilities Allowance (UA)

No

Yes

01/01/2008

Work for the Dole Supplement

Yes

Yes

01/01/2008


** Customers paid CLP and who subsequently become not eligible for payment on the test date of 29/03/2022, do not have this one-off payment recovered, unless it is determined that they provided false or misleading information.

AoS Manual letter options in Process Direct

Table 5: This table is to provide details of what options are available to select when creating the approved manual letters in Process Direct. For the following letters select:

  • Benefit type: AoS - Assurance of Support
  • Letter code: as per below

Letter Code

Detail

Q084

The ‘AoS Assurer Statement of Account letter’ Q084 manual AoS debt letter to the Assurer(s) when a debt amount is adjusted, or the automated letters are incorrect.

Rules:

  • BNDSUP - The payments were made because:
    • 1 - unable to support
    • 2 - unreasonable to support and is for family and domestic violence only
  • BOND - If debt to be raised:
    • is more than the bond amount - 1
    • is less than the bond amount - 2
    • and no bond amount available - select 1 then from BNDDPS - select 2 - Unbond case

Variables:

  • Start Date: AoS period start date
  • End Date: AoS period end date
  • Start of Payment: date the AoS debt commences
  • End of Payment Period: date the AoS debt being raised ends
  • Amount: total debt amount raised
  • Amount 1: bond amount available
  • Amount 2: remaining debt to be paid by assurer(s) after bond deducted
  • Primary Benefit Phone Number (Recovery Team phone number): 1800 076 072

Q271

The ‘AoS Bank Guarantee Release letter’ Q271 manual letter issued to the CBA for release of bond, either partial or in full.

Rules:

BGRCVY (Bank Guarantee recovery):

  • 1 - Full bond to be returned to Centrelink to recover AoS debt
  • 2 - Partial bond to be returned to Centrelink to recover AoS debt. When 2 is selected a further rule box opens (FINACT):
    • 1 - Final Account? Yes
    • 2 - No
  • 3 - No AoS debt, full bond released to assurer(s)

Variables:

  • Amount 1: current bond amount available
  • Amount 2: this will only appear if Partial Bond is selected under BGRCVY. Enter debt amount to be repaid by the electronic transfer of funds from CBA to Services Australia.
  • Contact Officer Phone: 132 850

Q386

The ‘End of Assurance’ Q386 manual letter issued to the Assurer(s) only when the AoS period has expired or cancelled and there is no debt.

Rules:

PTNRAS:

  • 1 - One assuree
  • 2 - Two assurees

AOEEXP:

  • 1 - All AOE expired - If the AoS has expired for all Assurees in the case and full bond to be released to assurer(s)
  • 2 - Remaining AOE CUR - Bond to be retained until AoS has ended for all assurees in the AoS case
  • 3 - AOS Cancelled - Full bond released to assurer(s)

AoS Debt Raising Conversations Call guide

Table 6: this table provides a conversation guide for staff when talking to customers about AoS Debts

Stage of call

Suggested response

Staff Introduction

Hello, my name is [Service Officer's name] and I am calling from Services Australia.

Hi, my name is [Service Officer's name]. Am I speaking with [customer's first name]?

Hi, this is [Service Officer's name] from Services Australia, who am I speaking with?

Note: sometimes, using the customer’s first name might not be appropriate due to cultural reasons. If unsure, Service Officers should use a greeting that allows the customer to provide their first name.

Call recording

Before we proceed with the call, I need to inform you that this call may be recorded, monitored or listened to for quality and coaching, security and integrity purposes

Authentication

As we take protecting your information seriously, I need to ask you some questions before we discuss your circumstances. This is to ensure I am speaking with the right person, and not someone who isn't authorised to enquire or act on your behalf

Purpose of call

I am calling you today regarding your Assurance of Support case, and recoverable payments that have been made to your assuree(s) [NAME](s). Do you have a few minutes now to discuss this and what this means for you the assurer?

If the assurer agrees to continue the call:

As an assurer, if you are unable to provide financial or any other assistance to the person you signed an Assurance of Support for, any AoS recoverable payment paid to your assurees(s) during the AoS period will become a debt. This debt is legally required to be paid in full to the Australian Government. We have now completed a Yearly Review for the period DDMMYYYY to DDMMYYYY and have calculated that an amount of $18,650 was made to [NAME] during this time. As you provided a bank guarantee secured by a term deposit of $14,000, we will first recover the AoS debts from this term deposit. This will leave an outstanding debt amount of $4,650.

Understanding the customer’s needs

If it’s ok, I also want to ask you some questions to learn a little more about your personal circumstances, just to make sure I understand everything I can before we discuss the next steps.

Social worker support:

I appreciate that hearing about this AoS debt can be upsetting or distressing. We have support staff available that you can chat to; they are here to help and support you. Would you like me to organise for a Social Worker to contact you?

Special or unusual waiver examples:

Is there anything that you are currently going through that I should be aware of?

Placing customer on hold

Do you mind if I place you on hold while I [reason for hold]? I'll be back with you in about [estimated time] minutes?

Update the customers record

To ensure we have the most up-to-date information on your record, do you mind if I ask you a few questions? Can I please confirm we have your most up-to-date address, including postal, and all your phone numbers?

Manage Recovery

When you receive your Statement of Account, it includes details of how you can make payment arrangements? This includes phone number to contact for direct debits, Australia Post Billpay and BPAY.

Summarise and close the call

Paraphrase what the customer has told you, empathising with the circumstances the customer has shared.

Social work referral:

Ok, so as we’ve discussed, a Social Worker will call you for an appointment at xxx on day/date.

Waiver examples:

Thank you for providing information about your circumstances. I will now look further into the circumstances to determine if your Aos debt meets grounds for a special circumstances’ waiver. I may need to call you back to discuss this further and advise you of the outcome.

We will send you a letter(s) shortly to provide you with more information about your AoS debt.

Closing example:

Thank you for taking the time to talk with me today.

Note: offering the customer a receipt number helps to bring the call to an end.


AoS Debt Raising Conversations Customer FAQ’s

Table 7: this table lists common questions from customers and the suggested responses

Category title

Description

Why are you calling me at this time of the day?

To ensure that we can contact and discuss your AoS debt, we are trying to contact you at different times. This will assist us to fully understand your circumstances and explain the reason for the debt.

If the customer is uncomfortable with being contacted outside of normal business hours, advise them that we will contact them again during business hours. Ask them for a suitable time to ring them.

Can I repay this overpayment now?

Certainly, once I have finalised raising the AoS debt I can transfer you through to the Debt Recovery team to negotiate a payment arrangement. You can also contact them once you have received the Statement of Account letter, details are included

I don’t understand the decision/I don’t think the decision is right/I don’t agree with the decision/Can I dispute this decision?

You can choose to ask for an explanation of the decision which means I will arrange for an experience staff member to contact you. They will explain the decision further, answer any questions you have, and may be able to address your concerns without the need for a formal review of the decision. We aim to contact you within 14 days. If you choose to go with an explanation of the decision, you can change your choice and apply for a formal review of the AoS debt at any time.

Customer asks for a formal review

You can apply for a formal review, which means your application will be sent to an Authorised Review Officer. The Authorised Review Officer is an independent officer who will review the decision taking into account any additional information you have. The Authorised Review Officer will attempt to contact you to discuss your application for review. We aim to complete formal reviews within 49 days.