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Budget Savings (Omnibus) Act 2016
42BNo time limit on debt recovery action
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#### 42B No time limit on debt recovery action
For the purposes of this Part, any action under a provision of this Part for the recovery of a debt may be taken at any time.
39 Application provisions—family assistance amendments
(1) The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part apply in relation to:
(a) a debt that arises on or after the commencement of this item; and
(b) a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.
(2) Paragraph (1)(b) applies in relation to a debt only if, immediately before the commencement of this item, action under section 84, 84A, 87, 87A or 89, or legal proceedings under section 88, of the A New Tax System (Family Assistance) (Administration) Act 1999 could be commenced or taken for the recovery of the debt.
40 Application provisions—paid parental leave amendments
(1) The amendments of the Paid Parental Leave Act 2010 made by this Part apply in relation to:
(a) a debt that arises on or after the commencement of this item; and
(b) a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.
(2) Paragraph (1)(b) applies in relation to a debt only if, immediately before the commencement of this item, legal proceedings under section 183, or action under section 184, of the Paid Parental Leave Act 2010 could be started or commenced for the recovery of the debt.
41 Application provisions—social security amendments
(1) The amendments of the Social Security Act 1991 made by this Part apply in relation to:
(a) a debt or overpayment that arises on or after the commencement of this item; and
(b) a debt or overpayment that arose before the commencement of this item, to the extent that the debt or overpayment was outstanding immediately before that commencement.
(2) Paragraph (1)(b) applies in relation to a debt or overpayment only if, immediately before the commencement of this item, action under section 1231 or 1233, or legal proceedings under section 1232, of the Social Security Act 1991 could be commenced for the recovery of the debt or overpayment.
42 Application provision—student assistance amendments
The amendment of the Student Assistance Act 1973 made by this Part applies in relation to:
(a) a debt that arises on or after the commencement of this item; and
(b) a debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.
Schedule 14—Parental leave payments
Part 1—Parental leave pay and dad and partner pay to count as income
Social Security Act 1991
1 At the end of subsection 8(1A)
Add:
; or (h) an instalment of parental leave pay; or
(i) dad and partner pay.
2 Paragraphs 8(8)(d) and (da)
Repeal the paragraphs.
Veterans’ Entitlements Act 1986
3 Paragraphs 5H(8)(d) and (da)
Repeal the paragraphs.
4 Application provision
The amendments made by this Part apply in relation to an instalment of parental leave pay, or to dad and partner pay, that is paid on or after the commencement of this item in respect of a claim for a child:
(a) who is born on or after that commencement; or
(b) who becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after that commencement;
whether the claim was made before, on or after that commencement.
Part 2—Parental leave pay and dad and partner pay deductions to avoid overpayments
Paid Parental Leave Act 2010
5 Section 6
Insert:
> income support payment has the same meaning as in section 23 of the Social Security Act.
6 Subsection 66(2)
Omit “and 69”, substitute “, 69 and 69A”.
7 After section 69
Insert: