61Recoverable payments

61 Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to or for a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to or for the recipient. Recovery (2) If a payment is made under subsection (1) to the recipient, the relevant amount: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction. (3) If: (a) a payment is made under subsection (1) to or for the recipient; and (b) a benefit is paid or payable to or for the recipient; the relevant amount, or such part of it as the Board determines, may, if the Board so directs, be recovered by deduction from that benefit.