24Benefits not assignable

24  Benefits not assignable

 (1) Retiring allowances, annuities and other benefits under this Act shall be absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy, or otherwise howsoever.

 (2) Subsection (1) has effect subject to subsection 24AA(4).

24AA  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, 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 the Secretary of the Department, 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;

then:

 (c) the relevant amount; or

 (d) such part of the relevant amount as the Secretary of the Department determines;

may, if the Secretary of the Department so directs, be recovered by deduction from that benefit.

Benefit

 (4) For the purposes of this section, benefit means a retiring allowance, annuity or other benefit under this Act.

24AB  Recoverable death payments

 (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:

 (a) the relevant amount is deposited to an account kept in the name of a deceased person;

 (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;

 (c) the relevant amount is paid by way of a cheque made out to a deceased person;

the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:

 (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Secretary of the Department did not know that the deceased person had died; and

 (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

 (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.