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Budget Savings (Omnibus) Act 2016
69ADeductions to avoid overpayment of income support payment
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#### 69A Deductions to avoid overpayment of income support payment
If:
(a) a payability determination that parental leave pay is payable to a person is made; and
(b) an instalment for an instalment period becomes payable to the person by the Secretary on a particular day; and
(c) before that day, the person was paid an amount of income support payment under the social security law or Veterans’ Entitlements Act 1986 for a period (the income support period) that falls within, or overlaps with, the instalment period; and
(d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the instalment been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act;
then the Secretary may deduct from the instalment an amount equal to the excess.
> Note: A person’s income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans’ Entitlements Act 1986. An instalment is income so payment of an instalment may reduce the amount of income support payment that is payable to the person.
8 Subsection 70(1)
Omit “or 69”, substitute “, 69 or 69A”.
9 After subsection 101(3)
Insert:
When employer determination must not be made
(3A) The Secretary must not make an employer determination for a person and the person’s employer if the person is receiving an income support payment.
10 Subsection 108(1) (after table item 2)
Insert:
| 2A | The person is receiving an income support payment. | The day of the revocation. |
| --- | -------------------------------------------------- | -------------------------- |
11 Subsection 115EG(2)
Omit “section 115EH”, substitute “sections 115EH and 115EI”.
12 After section 115EH
Insert: