Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 4   Overpayments

Division 1   Amendments

Child Support (Registration and Collection) Act 1988

101   After section 69A

Insert:

Division 2 - Child support debts and carer debts

69B Overpayments of payees

(1) If:

(a) the payee of a registered maintenance liability is:

(i) paid an amount under section 76; or

(ii) because of section 71AA or 71AB, taken to have been paid an amount under section 76; and

(b) the payee was not entitled to be paid the amount (including because of a subsequent variation to particulars of the entry in the Child Support Register in relation to the registered maintenance liability);

the amount is, subject to subsection (2), repayable by the payee to the Registrar and is a debt due by the payee to the Commonwealth.

(2) An amount is not repayable by the payee, or a debt due, under subsection (1) if:

(a) the payee was not entitled to be paid the amountbecause of a subsequent variation to particulars of the entry in the Child Support Register in relation to the registered maintenance liability; and

(b) the variation was the result of:

(i) a decision that the registered maintenance liability should never have existed; or

(ii) the payer of the registered maintenance liability ceasing to be a resident of Australia or a reciprocating jurisdiction.

Note: An amount covered by subparagraph (2)(b)(i) may be recovered under section 143 of the Assessment Act.

(3) The Registrar must pay any amount that is paid to the Registrar under subsection (1) to the payer of the registered maintenance liability.

Note: The payee referred to in this section becomes a payer of a carer debt (see the definitions of carer debt and payer in subsection 4(1)).

(4) The payee of a liability under subsection (1) is not entitled to, and may not enforce payment of, amounts payable under the liability other than by instituting a proceeding under section 113A to recover a debt due in relation to the liability.

Note: A liability under subsection (1) is a carer liability (see the definition of carer liability in subsection 4(1)).