90Overpayment debt

90 Overpayment debt

(1) If: (a) a payment of Australian apprenticeship support loan is made to a person; and (b) a person who obtains the benefit of the payment was not entitled for any reason to obtain that benefit; the amount of the payment is a debt (an overpayment debt) due to the Commonwealth by the person and the debt is taken to have arisen when the person obtained the benefit of the payment. (2) Without limiting subsection (1), a person is taken not to have been entitled to obtain the benefit of the payment if the payment should not have been made for any of the following reasons: (a) the payment was made to the person by mistake as a result of a computer error or an administrative error; (b) the person for whose benefit the payment was intended to be made was not qualified to receive the payment; (c) the payment was not payable; (d) the payment was made as a result of a contravention of this Act, a false statement or a misrepresentation; (e) the payment was made in purported compliance with a direction or authority given by the person who was entitled to obtain the benefit of the payment but the direction or authority had been revoked or withdrawn before the payment was made; (f) the payment was intended to be made for the benefit of someone else who died before the payment was made. (3) Without limiting subsection (1), a person is taken not to have been entitled to obtain the benefit of so much of any payment made to the person for an instalment period in accordance with a determination under subsection 16(4) as exceeds the amount of the instalment that was payable to the person for that instalment period having regard to section 24 (yearly rate). (4) If the payment is made to, or as directed or authorised by, the person who is entitled to obtain the benefit of the payment, subsection (1) does not apply to any other person who afterwards obtains the benefit of the payment unless the other person obtained the benefit because of a mistake made by the first person in connection with the giving of the direction or authorisation. (4A) To avoid doubt, subsection (1) does not apply to a payment to the extent that it is covered by a determination under subsection 11(1). (5) Subsection (1) applies in relation to a payment made to a person whether or not the payment was made under a determination that had effect at the time when the payment was made. (6) A reference in this section to a payment of Australian apprenticeship support loan includes a reference to part of a payment of Australian apprenticeship support loan.