Domestic Abuse, seperarion and Centrelink fraud

Discussion in 'Debt and Bankruptcy Law Forum' started by Frightened, 4 March 2019.

  1. Frightened

    Frightened Member

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    Can a Centrelink debt be added to a financial separation pool?
    Debt occurred but was not discovered during defacto relationship from financial and emotional abuse. Person is now about to admit the fraud to Centrelink and is applying for a vro based on evidence of continued abuse to them and their children.
    - will the newly claimed pension be stopped instantly for the parent at fault who has custody of the children and no means of financial income (many assets drained and moved offshore by other party)
    - Can the debt be added to the settlement and paid from it.
    - How long will the debt take to be produced.
    - Can the custodial parent avoid prison time given the circumstances of abuse.
    - Will the other party face any prosecution (claiming child support on tax for example)
    - Is the childcare subsidy that was claimed added to the debt.
     
  2. kevin586

    kevin586 Well-Known Member

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    First of all the debt may not even exist at all because centerlink may have calculated the so called debt incorrectly. You need to read and article by Law professeor Terry Carney Search of this: "Centerlink Debts Without Legal Proofs Or Moral Authority."

    You need to know that the welfare system for individuals is NOT charity. You owe NO DEBTS, it s possible that you have been overpaid. The welfare system for individuals is required by the Section 52 of the Commonwealth of Australia Constitution.

    Look further down this page

    Here are some questions you might like to consider asking centelink. I have developed these questions from Professor Carney;s Article.

    With these questions you are turning the tables on Centerlink and putting onus to prove you have been give over payments.

    You will need to decide which questions you want to ask which will be centered around your issues.

    These are the questions I've asked centerlink. They come from Professor Carney's article on centerlink robo debts. I strongly advise reading Professor Carney's article because it provides the context for the questions. I have used the word “overpayments” not debts because social security is NOT a loan? It is an entitlement under Section 51 (xxiii) and (xxiiiA) of the Commonwealth of Australia Constitution, our constitution.

    (xxiii) invalid and old-age pensions;

    (xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances;

    Dear Centerlink I do not understand how the alleged overpayments have arisen. Please explain it to me in greater detail by answering the following questions so that I can gain a detailed understanding of what I am alleged to have done wrong.

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    Centerlink is required to provide all of the following data within 28 days from the date on this written communication from myself.

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    I require answers from Centerlink for the following questions:

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    What law is Centerlink relying on for its authority to not provide any details of how the alleged overpayment is alleged to have arisen or relevant and appropriate data which would enable me to verify or understand the demand you are making of me.

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    What law does Centerlink rely on for its authority to reverse its practical onus to establish that overpayments has been made; and its size, on to the claimant?

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    Copies of the actual accounting of the alleged overpayments from the time Centerlink concluded an over payment had been made to the cutoff date used in its written communications to me.

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    Legible copies of all manual calculations performed in my case up to the above date.

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    Copies of sections of laws it relies on for its authority to average fortnightly earnings.

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    Explain to me what sections of what laws Centerlink relies on for its authority to ignore the effect of working credits in offsetting income in a given fortnight.

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    What Section of what law does Centerlink rely on for its authority to use assumed averages to calculate alleged income support overpayments in my case?

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    What assumed average is applied when calculating alleged overpayments of income support.

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    How did Centerlink arrive at this assumed average?

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    What assumed average has Centerlink used in my case?

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    Copies of the relevant Sections of the laws, Centerlink relies on for its authority to calculate alleged overpayment amounts using a formula other than the fortnightly rate calculation.

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    Provide detailed documented evidence of instances of where, when confronted with uncertainty after considering all the available evidence, and unable to decide a question of fact either way on the balance of probabilities, it has given me the benefit of the doubt?

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    Identify all instances of and provide detailed descriptions of where in this decision, Centerlink has, after considering all the available evidence and been unable to decide a question of fact either way on the balance of probabilities, it has given me the benefit of the doubt?

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    Supply a list of documents approved by the Department of Human Services, which are acceptable documents for verifying income when investigating alleged overpayments.

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    Supply a copy of the list of documents Centerlink has in its possession, which supports their claim that a legally recoverable overpayment has been made.

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    Provide legible copies of all calculations performed in relation to this alleged debt.

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    Provide detailed documentary evidence, which proves all the calculations it has performed relating to this alleged overpayments, have been performed using the fortnightly rate calculation.

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    What law is centerlink relying on for claiming, inferring or asserting that the failure of a person to disprove the possibility of a overpayment; is a legal foundation for a debt?

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    Notice: Centerlink is hereby notified that apprehension on the part of a Centerlink claimant that they may have a legal obligation to repay unemployment benefits to Centerlink is not a legal foundation for a debt and nor is it sufficient legal grounds for Centerlink to proceed against the claimant. Centerlink has a legal obligation to the claimant to ensure all claims are detailed, proven, verifiable and within the law.

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    Evidence is required to provide proof of its claim that a legally recoverable debt exists.

    The claiming and recovery of debts must be consistent with applicable legislative requirements.

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    Why has Centerlink chosen to not advise recipients of income support payments to keep earnings records for longer than six months?

    end
     
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