Section 1237AAD — Social Security Act 1991: Waiver in special circumstances

The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that: (a) one of the following subparagraphs applies: (i) the debt did not result wholly or partly from the debtor or another person knowingly making a false statement or a false representation, or failing or omitting to comply with a provision of this Act, the Administration Act or the 1947 Act; (ii) the debt resulted wholly or partly from the debtor knowingly making a false statement or a false representation, or failing or omitting to comply with a provision of this Act, the Administration Act or the 1947 Act, but that act, failure or omission was justified in the circumstances; (iii) the debt resulted wholly or partly from another person knowingly making a false statement or a false representation, or failing or omitting to comply with a provision of this Act, the Administration Act or the 1947 Act, but the debtor did not know about that act, failure or omission; (iv) the debt resulted wholly or partly from another person knowingly making a false statement or a false representation, or failing or omitting to comply with a provision of this Act, the Administration Act or the 1947 Act, and the debtor knew about that act, failure or omission but it was justified in the circumstances for the debtor not to correct that act, failure or omission; and (b) there are special circumstances (other than financial hardship alone) that make it desirable to waive; and (c) it is more appropriate to waive than to write off the debt or part of the debt. Note 1: Section 1236 allows the Secretary to write off a debt on behalf of the Commonwealth. Note 2: This section has effect subject to section 1237AAE in relation to an assurance of support debt.