Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022 (14 of 2022)

Schedule 8   2022 cost of living payment

Social Security Act 1991

14   After section 1223ABL

Insert:

1223ABM Debts in respect of 2022 cost of living payment

(1) If:

(a) a 2022 cost of living payment under Division 1 of Part 2.6D is paid to a person; and

(b) after the 2022 cost of living payment is paid to the person, an underlying determination in relation to the person, at least so far as it relates to:

(i) 29 March 2022; or

(ii) a period that includes 29 March 2022;

is or was (however described) changed, revoked, set aside, or superseded by another determination; and

(c) the decision to change, revoke, set aside or supersede the underlying determination is or was made for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly provided false information; and

(d) had the change, revocation, setting aside or superseding occurred on or before 29 March 2022, the 2022 cost of living payment would not have been paid;

the amount of the 2022 cost of living payment is a debt due to the Commonwealth by the person.

(2) For the purposes of this section, an underlying determination in relation to a person is a determination made under Part 3 of the Administration Act because of which a benefit mentioned in subsection 316(2) of this Act was payable to the person.

(3) If:

(a) a 2022 cost of living payment under Division 1 of Part 2.6D is paid to a person; and

(b) the person qualified for the payment because of subsection 316(3) applying to the person in relation to having made a claim for a seniors health card; and

(c) the person knowingly made a false or misleading statement, or knowingly provided false information, in relation to the claim; and

(d) the 2022 cost of living payment would not have been paid to the person but for that statement or information;

the amount of the 2022 cost of living payment is a debt due to the Commonwealth by the person.

(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to a 2022 cost of living payment under Division 1 of Part 2.6D.