CTHIn ForceAct
Military Superannuation and Benefits Act 1991
16BRecoverable payments
Start here
Get a plain-English read of 16B
Turn the raw legal text into a practical explanation grounded in Military Superannuation and Benefits Act 1991.
#### 16B Recoverable payments
(1) If, apart from this subsection, the Commonwealth does not have power, under this Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit under the Rules, then the Commonwealth may pay the relevant amount to the recipient.
Recovery
(2) If a payment is made under subsection (1) to the recipient, the relevant amount:
(a) is a debt due to the Commonwealth by the recipient; and
(b) may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.
(3) If:
(a) a payment is made under subsection (1) to the recipient; and
(b) the recipient is receiving, or is entitled to receive, a benefit under the Rules;
then:
(c) the relevant amount; or
(d) such part of the relevant amount as the Board of CSC determines;
may, if the Board of CSC so directs, be recovered by deduction from that benefit.