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7.11.10 Other payment notice action
220.127.116.11 — Payment notice recovery may also be applied against:
- other sources of regular income such as rental income, interest and dividends
- a tax refund
- a property settlement where the debtor is the vendor
- workers compensation, third party damages, etc
- a debtor's business where the debtor is a sole trader
- State and private superannuation payments
- money willed to a debtor.
18.104.22.168 — Payment notice recovery cannot be applied to Commonwealth Superannuation. Sections 118 and 119 in the Commonwealth Superannuation Act 1976 provide that superannuation (either pensions or lump sum payments) is inalienable unless there is an unsatisfied judgement given by a court or they are expressly overridden by another Act. There are no sections in the VEA which expressly override the operation of Sections 118 and 119 in the Commonwealth Superannuation Act 1976. It is necessary to take civil action to obtain a judgement order against Commonwealth Superannuation payments.
22.214.171.124 — Delegates are not to issue payment notices against Child Support Agency payments made to a pensioner. Redirecting these payments to recover a DVA debt would be contrary to the purpose of the Australian Child Support Scheme (introduced in 1988) to enforce payment of child support by non-custodial parents.
126.96.36.199 — Where a debtor is in receipt of income from rental property, a payment notice should be sent to the property manager (this is normally a real estate agent) or the financial institution into which the regular payments are being made. The debtor should also receive a copy of the notice.
188.8.131.52 — In cases where a debtor has shares, a payment notice should be served on the stockbroker for the time when shares are due to be sold. However, a debtor cannot be obliged to sell shares to repay a debt. The notice must be reissued each time the stockbroker makes a payment on the debtor's behalf, until the debt is repaid in full. If a debtor is likely to receive dividends from shares, a notice may be served on the company in which the shares are held. The notice will require the company to pay the Department the money which would have been paid to the debtor.
184.108.40.206 — Where it is believed that a debtor may receive a tax refund, a payment notice may be sent to the Australian Taxation Office to recover the debt.
220.127.116.11 — Where a debtor has recently sold or is in the process of selling property, a payment notice should be sent to the debtor's solicitor or conveyancing agent to ensure that recovery will follow.
18.104.22.168 — Where the Department is aware that a lump sum compensation payment may be payable to the debtor, a payment notice should be sent to both the compensation payer (e.g.. insurance company) and the debtor's solicitor.
22.214.171.124 — Where the debtor is a sole trader, the business is not a separate legal entity from the debtor. Any money owed to the business is also money owed to the debtor and this money can be subject to a payment notice.
126.96.36.199 When issuing a payment notice against a debtor's superannuation (except Commonwealth Superannuation), it should be sent to the trustee of the fund if that person is known. If the name is not known, it can be obtained from the company, the administrators or insurers. The debtor should also receive a copy of the notice.
188.8.131.52 If it becomes known to the Department that money has been willed to a debtor, a payment notice should be sent to the executor handling the estate.
184.108.40.206 The procedures for payment notice recovery from any other third party are the same as for the other notices previously described. In all cases, the debtor must also receive a copy of the notice.