sec.23Advance against compensation

### sec.23 Advance against compensation A claimant for compensation may at any time after the date on which the claimant delivered to the constructing authority his or her claim for compensation in accordance with the requirements of section 19 , apply to the constructing authority to make to the claimant an advance not exceeding the amount prescribed by subsection (3) in respect of the compensation claimable by the claimant. Subject to being satisfied that the applicant is entitled to claim compensation and to subsection (3) the constructing authority shall make to the applicant the advance applied for by the applicant in respect of the compensation claimed by the applicant. The amount of an advance under this section shall not exceed— where the constructing authority has made to the claimant an offer in writing of an amount of compensation in settlement of the claimant’s claim—that amount; or where the constructing authority has not made the offer mentioned in paragraph (a) —an amount equal to its estimate of the amount of compensation payable to the claimant. Subject to subsections (5) and (6) , any amount payable to a claimant under this section which is not paid within 90 days after the claimant applied for the payment shall be recoverable by the claimant as a debt due and unpaid to the claimant by the constructing authority. Before paying the advance the constructing authority may require the claimant to satisfy it regarding taxes, rates and other moneys which, if unpaid, would be a charge upon the land, and may reduce the advance by any sum which, in respect of any thereof, is unpaid or, as respects any period of time prior to the date when the land was taken, will become payable. Where the land concerned is subject to a mortgage at the date when it is taken the constructing authority may reduce the advance by the sum due to the mortgagee. The constructing authority may pay to the Crown or to the local government concerned or to the mortgagee any sum by which the advance has been reduced under subsection (5) or (6) . s 23 amd 1998 No. 48 s 17 sch ; 2001 No. 33 s 5 (sec.23-ssec.1) A claimant for compensation may at any time after the date on which the claimant delivered to the constructing authority his or her claim for compensation in accordance with the requirements of section 19 , apply to the constructing authority to make to the claimant an advance not exceeding the amount prescribed by subsection (3) in respect of the compensation claimable by the claimant. (sec.23-ssec.2) Subject to being satisfied that the applicant is entitled to claim compensation and to subsection (3) the constructing authority shall make to the applicant the advance applied for by the applicant in respect of the compensation claimed by the applicant. (sec.23-ssec.3) The amount of an advance under this section shall not exceed— where the constructing authority has made to the claimant an offer in writing of an amount of compensation in settlement of the claimant’s claim—that amount; or where the constructing authority has not made the offer mentioned in paragraph (a) —an amount equal to its estimate of the amount of compensation payable to the claimant. (sec.23-ssec.4) Subject to subsections (5) and (6) , any amount payable to a claimant under this section which is not paid within 90 days after the claimant applied for the payment shall be recoverable by the claimant as a debt due and unpaid to the claimant by the constructing authority. (sec.23-ssec.5) Before paying the advance the constructing authority may require the claimant to satisfy it regarding taxes, rates and other moneys which, if unpaid, would be a charge upon the land, and may reduce the advance by any sum which, in respect of any thereof, is unpaid or, as respects any period of time prior to the date when the land was taken, will become payable. (sec.23-ssec.6) Where the land concerned is subject to a mortgage at the date when it is taken the constructing authority may reduce the advance by the sum due to the mortgagee. (sec.23-ssec.7) The constructing authority may pay to the Crown or to the local government concerned or to the mortgagee any sum by which the advance has been reduced under subsection (5) or (6) . - (a) where the constructing authority has made to the claimant an offer in writing of an amount of compensation in settlement of the claimant’s claim—that amount; or - (b) where the constructing authority has not made the offer mentioned in paragraph (a) —an amount equal to its estimate of the amount of compensation payable to the claimant.