You are here

2.6.4 Administrative Overpayments

2.6.4.1Overpayments may also be caused or compounded by administrative process - administrative error or delay.

2.6.4.2A debt is considered to be attributable to administrative error where the Australian Government is wholly responsible for causing the debt. This does not include situations where the person contributed to the cause to any extent, whether knowingly or unknowingly.

2.6.4.3A debt is considered to be attributable to administrative delay where an overpayment is compounded because the Department failed to action advice from a pensioner in a timely manner.

2.6.4.4For example:

  • error in the coding of a computer-entry (administrative error – coded in DMRS, waiver may be considered at the delegate's discretion under the administrative error provisions)
  • failure to follow intra-departmental liaison procedures (administrative error – coded in DMRS, waiver may be considered at delegate's discretion under the administrative error provisions); or
  • failure to implement a determination to reduce or cancel a pension from the date specified in the determination (administrative delay – the excess overpayment caused by the administrative delay may be waived at the delegate's discretion. However, the amount of the original overpayment should be recovered).

2.6.4.5If a person complied with their obligations prior to the introduction of the date of effect rules (13 July 1999), and the advice which would have resulted in an overpayment is not actioned, then the overpayment arising due to processing delays is to be waived.