Deferring decision if recovery of assistance granted to someone else is disputed
84C Deferring decision if recovery of assistance granted to someone else is disputed
This section applies if—
an applicant for assistance has been given a notice under section 115 in relation to an offence; and
the applicant has given the scheme manager a notice under section 116 (the applicant’s notice) disputing the claim; and
the dispute mentioned in the applicant’s notice has not been finally decided as mentioned in section 117(2)(b)(i).
The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until the dispute mentioned in the applicant’s notice is finally decided as mentioned in section 117(2)(b)(i).
If the government assessor defers deciding the application or the amount of assistance to be granted, the government assessor must give the applicant a notice stating the following—
the decision;
the reasons for the decision;Note—
See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).
the internal review details for the decision.
If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.