19Underpayment determinations

19 Underpayment determinations

(1) This section applies if the Commissioner: (a) pays an amount by way of Government co‑contribution in respect of a person for an income year; and (b) is satisfied that the amount paid is less than the correct amount of the co‑contribution. (2) The amount by which the correct amount exceeds the amount paid is the underpaid amount. (3) The Commissioner must determine that the underpaid amount is to be paid in respect of the person for the income year. (4) If the Commissioner makes a determination under subsection (3), the Commissioner must determine whether the underpaid amount is to be paid: (a) to the trustee of a complying superannuation fund for crediting to an account of the person within that fund; or (b) to the provider of an RSA that the person holds for crediting to the RSA; or (c) to the person; or (d) to the person’s legal personal representative; or (e) into an account of the person in the Superannuation Holding Accounts Special Account. (5) If the Commissioner makes a determination under paragraph (4)(a) or (b), the Commissioner must also determine which particular account the underpaid amount is to be paid into. (6) The Commissioner must make determinations under subsections (4) and (5) in accordance with the regulations made for the purposes of this section. (7) The Commissioner may revoke a determination made under this section if the Commissioner is satisfied that: (a) payment of the underpaid amount cannot be effected in accordance with the determination; or (b) it is otherwise appropriate in the circumstances to revoke the determination. (8) The regulations may prescribe the time within which determinations under this section are to be made. (9) The Commissioner must, in accordance with the determinations made under this section, pay the underpaid amount on or before the payment date for the underpaid amount.