4Simplified outline of instrument

4 Simplified outline of instrument

This instrument sets out provisions for and in relation to the Income Apportionment Resolution Scheme established by force of Schedule 3 to the Social Security and Other Legislation Amendment (Technical Changes No. 2) Act 2025.

The scheme provides for the payment to a person of an amount of reparation (to be called a resolution payment) if they owe or owed a debt to the Commonwealth under the social security law, the repealed Farm Household Support Act 1992, the family assistance law or the Veterans’ Entitlements Act 1986, and that debt satisfies specified criteria including that the debt arose (whether wholly or partly, or directly or indirectly) because certain work income (whether of the person or a partner of the person) was calculated based on an income apportionment method over a particular period.

A person wishing to participate in the scheme will need to make an application in accordance with the provisions of this instrument and, if the Secretary so decides under the scheme, an offer will be made to the person which the person may decide to accept or reject. The acceptance of an offer will need to be in accordance with this instrument. If an effective acceptance of an offer is lodged under the scheme, the Commonwealth will be released and forever discharged from all liability in relation to a claim that arises as a result (whether directly or indirectly) of how relevant work income was calculated. A person will be able to have a payment nominee or correspondence nominee act on their behalf.

The instrument also provides for the review of decisions under the scheme and for related matters.