56Recovery of overpayments

#### 56 Recovery of overpayments (1) If an amount purporting to be an amount of farm household support, exceptional circumstances relief payment or farm help income support payable under this Act in respect of a period has been paid to a person and: (a) the recipient was not qualified for farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, in respect of that period; or (b) farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, was not payable in respect of that period to the person; or (c) in the case of an amount purporting to be an amount of farm household support—the amount was part of payment made because the farm household support payable to the person in respect of that period was calculated at a rate that was higher than the applicable rate in respect of the person; or (d) in the case of an amount purporting to be an amount of exceptional circumstances relief payment—the amount was part of a payment made because the exceptional circumstances relief payment payable to the person in respect of that period was calculated at a rate higher than the rate at which it should have been calculated; or (e) in the case of an amount purporting to be an amount of farm help income support—the amount was part of a payment made because the farm help income support payable to the person in respect of that period was calculated at a rate higher than the rate at which it should have been calculated; the amount so paid may be recovered by the Commonwealth as a debt due to the Commonwealth. (2) If: (a) an amount purporting to be an amount of re‑establishment grant payable under the farm help re‑establishment grant scheme (other than a dairy‑type grant) has been paid to a person; and (a) some or all of the amount was not payable to the person under the scheme; the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth. (2A) If: (a) an amount purporting to be an amount of dairy‑type grant has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to the industry services body. (3) If: (a) an amount purporting to be an amount of dairy exit payment has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to the industry services body. (4) If: (a) an amount purporting to be an amount of clean energy advance has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth. > Note: A debt due to the Commonwealth under this section in respect of an amount of exceptional circumstances relief payment, farm help income support or clean energy advance may be recovered in accordance with provisions of the Social Security Act 1991 (see sections 1227A and 1231A of that Act).