Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3 - PAYMENT OF UNCLAIMED MONEY TO THE COMMISSIONER  

Division 4 - Various rules for special cases  

SECTION 18B   COMMISSIONER MAY RECOVER OVERPAYMENT  

18B(1)    
This section applies if:

(a)    the Commissioner makes a payment in respect of a person under, or purportedly under, this Part (other than a payment to a KiwiSaver scheme provider); and

(b)    the amount paid exceeds the amount (if any) properly payable under this Part in respect of the person.


18B(2)    
The Commissioner may recover all or part of the excess from a person (the debtor ) described in subsection (3) as a debt due by the debtor to the Commonwealth if the conditions specified in subsection (4) are met.

18B(3)    
The persons from whom the Commissioner may recover are as follows:

(a)    the person to whom the payment was made (whether the payment was made to the person in his or her own right or as the legal personal representative of someone else who had died);

(b)    the superannuation provider for the fund to which the payment was made;

(c)    if the payment, or an amount wholly or partly attributable to that payment, was transferred to another fund - the superannuation provider for that other fund.

18B(4)    
The conditions for recovery are that:

(a)    the Commissioner gave the debtor written notice, as prescribed by the regulations, of the proposed recovery and the amount to be recovered; and

(b)    at least 28 days have passed since the notice was given; and

(c)    the amount recovered is not more than the amount specified in the notice.


18B(5)    
Despite subsections (2) and (3) , if the Commissioner gives a notice described in paragraph (4)(a) to a superannuation provider for a fund, and the fund does not hold an amount attributable to the payment, the Commissioner cannot recover from the superannuation provider.

18B(6)    
The Commissioner may revoke a notice described in paragraph (4)(a) .

18B(7)    
The total of the amounts recovered from different debtors in relation to the same excess must not be more than the excess.

18B(8)    
A notice described in paragraph (4)(a) is not a legislative instrument.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.