8Exclusion criteria

8 Exclusion criteria

Purposes of this section

For paragraph 3(1)(f) of Schedule 3, this section specifies criteria that mean a person is not entitled to be paid a resolution payment in relation to a particular relevant debt.

Note: The effect of subsection (1) is to specify exclusion criteria that operate even if the person otherwise satisfies the entitlement criteria.

Person not entitled to be paid under scheme on certain grounds

A person is not entitled to be paid a resolution payment in relation to the debt if the debt is attributable (whether wholly or partly) to fraud that has been found or determined to have been committed in or as a result of criminal proceedings brought under a law of the Commonwealth.

(3) A person is not entitled to be paid a resolution payment in relation to the debt if, before the commencement of this instrument: (a) the debt to the Commonwealth was reviewed; and (b) a new decision was made in relation to the debt; and (c) it was decided or found that the debt to the Commonwealth: (i) did not exist or was equal to zero; or (ii) arose wholly for a reason other than the use of a prescribed income apportionment method. (4) Subparagraph (3)(c)(ii) does not apply if the debt: (a) related to the employment income of the person or of a partner of the person; and (b) was reviewed during a period beginning on 1 October 2020 and ending immediately before the commencement of this instrument. (5) A person is not entitled to be paid a resolution payment in relation to the debt if it has been waived in full by the Commonwealth before 30 January 2026. (6) A person is not entitled to be paid a resolution payment in relation to the debt if it is reasonably likely that the debt is attributable (whether wholly or partly, or directly or indirectly) to the determination of Division 2 work income of the person, or of a partner of the person, using a prescribed income apportionment method and any of the following circumstances apply: (a) the debt relates (whether directly or indirectly) to the payment of a pension to the person who was at or above pension age over one or more periods wholly occurring before 20 September 2009; (b) the debt relates (whether directly or indirectly) to the payment of a pension to the person who was below pension age over one or more periods wholly occurring before 20 September 2003; (c) the debt relates (whether directly or indirectly) to the payment of benefit PP (partnered).

Note: Section 18 of the Social Security Act 1991 defines benefit PP (partnered) as parenting payment whose rate is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B of that Act.