A New Tax System (Family Assistance) (Administration) Act 1999

PART 4 - OVERPAYMENTS AND DEBT RECOVERY  

Division 2 - Amounts recoverable under this Act  

SECTION 71G   Debts where provider approval is suspended cancelled or varied  

71G(1)    


If:


(a) an amount is paid to a provider under the family assistance law; and


(b) before the payment is made:


(i) the provider ' s approval, or the provider ' s approval in respect of a service, is suspended by operation of section 197AB ; or

(ii) the provider ' s approval is cancelled by operation of subsection 197L(1) ; or

(iii) the provider ' s approval is varied to remove a service from the approval by operation of subsection 197L(3) ; and


(c) because of that suspension, cancellation or variation, the recipient should not have been paid the amount;

the amount paid is a debt due to the Commonwealth by the provider.


71G(2)    


If:


(a) a fee reduction amount is paid to a provider under section 67EB in relation to a session of care provided by a child care service of the provider on a day; and


(b) after the payment is made, one of the following events occurs and takes effect on or before the day:


(i) the provider ' s approval is cancelled or suspended (other than by operation of section 197AB or subsection 197L(1) );

(ii) the provider ' s approval is varied to remove the service from the approval (other than by operation of subsection 197L(3) );

(iii) the provider ' s approval in respect of the service is suspended (other than by operation of section 197AB );

so much of the fee reduction amount as relates to the session of care is a debt due to the Commonwealth by the provider.





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