Commonwealth legislation

Social Security (Waiver of Debts — Bereavement Period) Specification 2017

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Commonwealth

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legislative instrument

Plain English Summary

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This instrument specifies a narrow class of social security debts that the Commonwealth may waive: debts arising when someone receives a lump‑sum arrears payment for an income stream covering (or part of) a bereavement period that reverted to them on the death of a primary beneficiary who was their partner, provided the debt did not arise from knowingly giving false or misleading information (preamble; s4). Mechanically, it removes recovery obligations for people meeting those factual criteria and requires the agency to verify entitlement and absence of fraud (s4; s3).

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Social Security (Waiver of Debts — Bereavement Period) Specification 2017

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Social Security (Waiver of Debts — Bereavement Period) Specification 2017

Social Security Act 1991

I, Christian Porter, Minister for Social Services, make this legislative instrument under subsection 1237AB (1) of the Social Security Act 1991.

Dated: 19 December 2017

Christian Porter

Minister for Social Services

1 Name of legislative instrument

This legislative instrument is the Social Security (Waiver of Debts — Bereavement Period) Specification 2017

2 Commencement

This legislative instrument commences on the day after the end of the period for disallowing it.

Note: For that period, see section 42 of the Legislation Act 2003.

3 Definitions

Note: Other definitions in the Act also apply. For example, bereavement period and income stream.

In this legislative instrument:

Act means the Social Security Act 1991.

4 Specification of class of debts

For subsection 1237AB (1) of the Act, a debt in the following class of debts is specified:

(a) a debt of a person that arises because the person receives a lump sum payment in arrears for an income stream that:

(i) relates to a bereavement period or part of that period; and

(ii) reverted to the person on the death of a primary beneficiary with whom the person was a member of a couple; and

(b) the debt did not arise because the person knowingly made a false or misleading statement, or knowingly provided false information to the Commonwealth.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Waiver of Debts — Bereavement Period) Specification 2017

Social Security (Waiver of Debts — Bereavement Period) Specification 2017

Social Security Act 1991

I, Christian Porter, Minister for Social Services, make this legislative instrument under subsection 1237AB (1) of the Social Security Act 1991.

Dated: 19 December 2017

Christian Porter

Minister for Social Services

1 Name of legislative instrument

This legislative instrument is the Social Security (Waiver of Debts — Bereavement Period) Specification 2017

2 Commencement

This legislative instrument commences on the day after the end of the period for disallowing it.

Note: For that period, see section 42 of the Legislation Act 2003.

3 Definitions

Note: Other definitions in the Act also apply. For example, bereavement period and income stream.

In this legislative instrument:

Act means the Social Security Act 1991.

4 Specification of class of debts

For subsection 1237AB (1) of the Act, a debt in the following class of debts is specified:

(a) a debt of a person that arises because the person receives a lump sum payment in arrears for an income stream that:

(i) relates to a bereavement period or part of that period; and

(ii) reverted to the person on the death of a primary beneficiary with whom the person was a member of a couple; and

(b) the debt did not arise because the person knowingly made a false or misleading statement, or knowingly provided false information to the Commonwealth.