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Stimulus Payments intercepted for arrears?

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Hi all

I am in in arrears with the CSA and have a payment arrangement to clear this debt which I have unfailingly stuck to.  I was wondering if anyone knows if the April 2009 stimulus payments will be intercepted by the CSA (the same as tax returns) if you have a debt?  I am really not that concerned if it is taken but it would be nice to know about it beforehand.
Uhhm, this is a hard one as I'm not sure what the payments are classed as. If it's classed as a benefit or pension then as it's not in the list of allowable items then it couldn't be collected under social security pensions and benefits:
The CSA Guide - 5.2.5: Collection from social security pensions and benefits said

What is a social security pension or benefit?

The terms social security pension and social security benefit are defined in the Social Security Act (section 23 Social Security Act). They include the following payments.


SOCIAL SECURITY BENEFIT SOCIAL SECURITY PENSION
newstart allowance carer payment
sickness allowance pension PP (single)
special benefit sole parent pension
partner allowance bereavement allowance
mature age allowance under Part 2.12B widow B pension
benefit PP (partnered) disability wage supplement
parenting allowance (other than non-benefit parenting allowance) mature age partner allowance
widow allowance age pension
youth allowance disability support pension
austudy payment wife pension

special needs pension


Centrelink cannot make deductions under section 72AA from payments that are not listed above. However, payments from Abstudy may be collected by other means.
If it's classed as FTB (which I very much doubt) then it would require a notice to the secretary of FAHCSIA.

If it's a tax refund, which is perhaps the closest, well at least for the $900 for those working, then it could be collected, but would then defeat the intention of the payment to stimulate the economy (there again so do all the payments to the deceased and people living abroad).

The last option available is for collection from a third party, however I guess that this could this be argued against as the Commonwealth could easily be deemed as not being a third party, as I believe the debt for arrears is a debt to the Commonwealth. It might get even more complicated as the 72A notice appears to have to be issued against a person (the Queen, The Governor General, perhaps the Prime Minister who?).

Perhaps the CSA would care to respond to this question and voice an official response.

My gut feeling is that there will be no interception.

Section 5.2 of the guide (Administrative enforcement) is what I've based my responses on. Here's a link The CSA Guide - 5.2: Administrative enforcement

hey

this is acep74

no the bonus doesn't not go to the cs debt u may have , nor does the tax bonus if u r entitled to it…. already found that one out … at least a little to help ourselves hey?
Guest said
this is acep74

No, the bonus doesn't not go to the child support debt u may have, nor does the tax bonus if you are entitled to it.  Already found that one out … at least a little to help ourselves hey?
I to can verify this. I rang the ATO and they said 'this is a stimulus package and therefore it does not go to debt recovery of any kind'. Yahooo. Ex didn't put tax return in so misses out, probably thought she'd get ours by default. :lol:

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OneRingRules said
I think the moderator note is to this link to a moderator post relating to one liners !
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