Section 1222A — Social Security Act 1991: Debts due to the Commonwealth

If an amount has been paid by way of social security payment, or by way of fares allowance under the Social Security (Fares Allowance) Rules 1998, the amount is a debt due to the Commonwealth if, and only if: (a) a provision of this Act, the 1947 Act, the Social Security (Fares Allowance) Rules 1998 or the Data-matching Program (Assistance and Tax) Act 1990 expressly provided that it was or expressly provides that it is, as the case may be; or; or (b) the amount: (i) should not have been paid; and (ii) was paid before 1 January 1991; and (iii) was not an amount to which subsection 245B(2) of the 1947 Act applied.