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Raising Assurance of Support (AoS) debts 005-03060000

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Proforma

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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 prevents 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
    • in cases where a joint assurance is provided, unless the Services Australia is satisfied that the amount of debt cannot be recovered from any or all of the assurers