Social Welfare Consolidation Act 2005 section 343D

Proposal to give a notice of attachment

Section 343D sets out the steps the Minister must follow before issuing a notice of attachment to recover a social welfare overpayment, including the required written warnings and the overpaid person's right to respond.

• The Minister must first write to the overpaid person requesting repayment arrangements, inviting representations, and warning that a notice of attachment will follow if there is no satisfactory response within 14 days.
• The Minister must give due consideration to any response before deciding to proceed, and must then issue a further written notice at least 28 days before a notice of attachment takes effect.
• A bureau officer of the Criminal Assets Bureau may bypass the normal notice requirements and issue a notice of attachment directly to an investigated person, and such a notice is treated as if issued by the Minister.
• An "investigated person" is an overpaid person who is the subject of an investigation under the Criminal Assets Bureau Act 1996.