5Recoverable payments

5 Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have power under section 4 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 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; 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. Appropriation (4) For the purposes of subsection 4(7), a payment under subsection (1) of this section is taken to be a replacement payment made under section 4. Benefit (5) For the purposes of this section, benefit means a replacement payment under section 4.