Thousands of Australians on Centrelink have been left reeling in recent days after tax lodgements and other end of financial year reviews landed them on a list of people owing the Government money.
The Government believes some Centrelink recipients have been overpaid and are now being asking for part of that money back.
Last week, news. You can do this by calling the number in the debt letter, ringing your regular point of contact or calling the Centrelink Debt Recovery Line. They may invite you to attend a formal interview or may come to your house. They can then escalate it by going to your employer or bank, to have your money docked and sent to them instead. You can contact a financial counselling service and get legal advice about your options.
You may be eligible for financial hardship relief. There are several ways a court can enforce a judgement. If someone has started legal proceedings against you to recover a debt or is threatening to seize your property, get immediate legal advice.
There are time limits for collecting debts. If someone asks you to pay an old debt, get legal advice about your options before you make any payment. Related resources: Need help with your money and debt problems? If you think your debt is related to financial control or domestic violence we have information and services that can help. Our Law for All podcast has more information about financial control. Listen here. If someone has started court proceedings against you to recover a debt or is threatening to seize your property, get immediate legal advice.
As well as getting legal advice, a financial counselling service can help you with prioritising bills, accessing emergency relief, budgeting and negotiating payment plans or hardship relief.
If you have many creditors and owe a lot of money, a financial counselling service can help you work out if bankruptcy is a good option in your situation. For more information contact the Australian Financial Security Authority.
You may also be able to get help from an ombudsman scheme if the person you owe the money to is a member of the ombudsman service. Ombudsman services can investigate complaints against its members. These services are free to use, independent of industry and can force a creditor to comply with their directions. The Australian Financial Complaints Authority AFCA has the power to stop legal proceedings before a judgment has been made to ensure a proposal for hardship relief has been properly considered.
In some circumstances they can also get help after judgement. A joint debt is when you borrow money with someone else and the debt is in both names.
Usually when a loan is in both names, the debtors are jointly and severally liable—this means the creditor can chase one or both of you for the whole amount. If neither of you pay, then they can take either one of you or both of you to court to recover their money. Find out more about dividing your property and debts after a relationship has ended.
You must respond to this application within 28 days after you are given a copy of the application. Get legal advice. You can now also respond to minor debt dispute using QCAT's online form. Even if you know you owe the money, you should still get legal advice about your rights.
You can apply to have a default decision set aside by lodging a Form 55 — Application to set aside or amend a default decision PDF, KB. You should get immediate legal advice if you want to set aside a default decision. If you file a response, QCAT may order you attend mediation. The aim of mediation is to get all parties to reach an agreement.
If no agreement is reached at mediation, generally the matter will proceed to a hearing and a final decision will be made. If the tribunal agrees you owe the money, they will make an order for you to pay called a money order. Even if you know you owe the money, you should still get legal advice.
If you file a defence, the matter will go to a hearing and a final decision will be made. If the court agrees you owe the money, they will make an order for you to pay.
You provide requested information to Centrelink, but the information is insufficient. How do Centrelink investigate?
What happens to Centrelink cheats? Frequently Asked Questions. How is Centrelink fraud discovered? What happens with Centrelink overpayment cases? What happens if I lie to Centrelink about my relationship status? How can we help? We are experienced in successfully defending Centrelink fraud charges.
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