91Quarterly advance payments

#### 91 Quarterly advance payments 91 Quarterly advance payments (cf section 97GB EFED Act) > > (1) A party or elected member is, subject to and in accordance with this Act, eligible for a quarterly advance payment from the Administration Fund in respect of each quarter (a relevant quarter) of an amount determined in accordance with this section. > > > (2) The amount payable, by way of a quarterly advance payment in respect of a relevant quarter, is payable at the beginning of the relevant quarter and is an amount equal to 100% of the total amount to which the party or elected member would be entitled under section 87 or 88 in respect of that relevant quarter. > > > (3) The amount is to be determined on the assumption that— > > > > > (a) in the case of a party, the number of elected members endorsed by the party at the end of the quarter will be the same as the number of elected members endorsed by the party at the date on which the claim for the quarterly advance payment is determined, and > > > > > (b) in the case of a person who is an elected member, the person will continue to be an elected member at the end of the quarter, > > > > and on the assumption that the party or elected member will incur in the quarter the maximum amount that can be payable to the party or member from the Administration Fund for the quarter based on those assumptions. > > > (4) Any amount paid to a party or elected member by way of a quarterly advance payment under this section in respect of a relevant quarter is to be deducted from any amount payable under section 87 or 88 to the party or elected member from the Administration Fund in respect of that quarter. > > > (5) If a party or elected member receives amounts by way of a quarterly advance payment under this section in respect of a relevant quarter in excess of the amount (if any) to which the party or member becomes entitled under section 87 or 88 from the Administration Fund in respect of that quarter, the amount of the excess must be deducted from any amount payable in respect of the next quarter under section 87 or 88. > > > (6) Any quarterly advance payment that is in excess of the amount payable to the party or elected member under this Part in respect of the quarter is to be repaid within 60 days after the Electoral Commission notifies the party or elected member that the amount is repayable. > > > (7) A claim for a quarterly advance payment under this section is to be made— > > > > > (a) at least 2 weeks before the beginning of the relevant quarter, and > > > > > (b) in the manner and form determined by the Electoral Commission. > > > (8) An advance payment is to be made to the party agent of the party or the elected member. Section 94 does not apply to any such advance payment. > > **s 91:** Am 2022 No 57, Sch 3\[25\] \[26\].