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Social Security Act 2018

Administration - Payment of benefits, tax on benefits, debts and deductions - Debts and deductions

362: MSD’s duty to recover debts

You could also call this:

“MSD must try to get back money people owe to the government, except in special cases”

MSD (Ministry of Social Development) has to try hard to get back money that people owe to the government. This includes things like overpayments or penalties. MSD must do everything they reasonably can to recover these debts.

However, there are some situations where MSD doesn’t have to try to get the money back. These exceptions are listed in special rules called regulations.

You can find more information about these exceptions in section 444(2)(b) of the Social Security Act.

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“Money taken back if your partner lied to get extra”

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Part 6 Administration
Payment of benefits, tax on benefits, debts and deductions: Debts and deductions

362MSD’s duty to recover debts

  1. MSD is under a duty imposed by this section to take all reasonably practicable steps to recover sums (for example, identified overpayments, or penalties) that are specified (in this Act, or in regulations made under this Act) as debts due to the Crown.

  2. The duty is subject to the exceptions specified in regulations made under section 444(2)(b).

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