182Debts due to the Agency

#### 182 Debts due to the Agency (1) If: (a) a payment is made to a person that is, or purports to be, a payment of an NDIS amount to or in respect of a participant; and (b) the person is not entitled for any reason to the payment of the NDIS amount; the amount of the payment is a debt due to the Agency by the person and the debt is taken to arise when the person receives the payment. (2) Without limiting paragraph (1)(b), a person is taken not to have been entitled to the payment of an NDIS amount if the payment should not have been made for one or more of the following reasons: (a) the payment was made as a result of a computer error or an administrative error; (b) the payment was made as a result of: (i) a contravention of this Act, the regulations or the National Disability Insurance Scheme rules; or (ii) a false or misleading statement or a misrepresentation; (c) the payment was made in respect of a service funded under a participant’s plan and the participant died before the service was provided. (3) If a person does not comply with subsection 46(1) in relation to an NDIS amount, an equal amount is a debt due to the Agency by the person. (4) The National Disability Insurance Scheme rules may provide that, if records are not retained for the period prescribed as mentioned in subsection 46(2) in relation to an NDIS amount, an equal or lesser amount is a debt due to the Agency by the person.