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Debt recovery

What powers does Centrelink have to recover a debt?

Centrelink has a wide range of powers to recover social security debts, including the power to:

  • make deductions from a person’s Centrelink payments
  • garnishee money from wages and bank accounts
  • prohibit the person from departing from Australia
  • commence legal proceedings

Is there a limitation period in which Centrelink must take action for a debt?

Since 1 January 2017 there has been no time limit on Centrelink recovering a debt [see Social Security Act 1991 (Cth) s 1234B; similar provisions are contained in other relevant legislation]. Previously Centrelink had 6 years from the date that they ought to have been reasonably aware of the debt to take recovery action.

What happens if a person becomes bankrupt?

If a person with a Centrelink debt becomes bankrupt, Centrelink cannot use its garnishee power or commence a court action for debt. The position in respect of deductions from social security payments is less clear. Advisors and people owing money should seek advice if this situation arises. Bankruptcy does not extinguish debts which arose through fraud.

How is a person notified of a Centrelink debt?

Centrelink must give a person written notice containing specific information relating to the debt. That notice must include information relating to:

  • the reason the debt was incurred;
  • the period to which the debt relates;
  • the outstanding amount of the debt at the time of the notice;
  • the day on which the debt is due;
  • the options available for paying the debt;
  • the contact details for inquiries relating to the debt; and
  • any interest that may apply if the person fails to pay the debt or fails to comply with a payment arrangement in relation to the debt.

See Social Security Act 1991 (Cth) s 1229.

Debt recovery  :  Last Revised: Tue Sep 18th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.