49DRecovery from other third parties

49D Recovery from other third parties

(1) Subject to subsection (2), if an applicant is liable to pay a grant amount, the Commissioner may require any of the following persons instead of the applicant to pay the grant amount or any part of the grant amount that remains unpaid—

(a) a person by whom any money is due or accruing or may become due to the applicant;

(b) a person who holds or may subsequently hold money for or on account of the applicant;

(c) a person who holds or may subsequently hold money on account of some other person for payment to the applicant;

(d) a person having authority from some other persons to pay money to the applicant.

(2) The Commissioner must not recover under this section—

(a) an amount of rent a lessee or occupier is required to pay the applicant; or

(b) an amount a mortgagee is required to pay the applicant under a mortgage.

Note

Under section 49B, the Commissioner may recover from lessees and occupiers rent owed to applicants and amounts mortgagees are required to pay applicants.

(3) The Commissioner's requirement is to be made by notice in writing.

(4) A copy of the notice must be served on the applicant.

(5) The amount of money required to be paid to the Commissioner under this section is—

(a) if the amount of money held or due or authorised to be paid does not exceed the grant amount, all of the money; or

(b) if the amount of the money exceeds the grant amount, sufficient money to pay the grant amount.

(6) The money must be paid to the Commissioner on receipt of the notice, or when the money is held by the person, or after such period (if any) as may be specified by the Commissioner, whichever is the later.

(7) If, after a person is given a notice under this section by the Commissioner, the whole or a part of the grant amount is paid by another person, the Commissioner must promptly notify the person to whom the notice is given of the payment and the notice is taken to be amended accordingly.

(8) In this section—

applicant includes a former applicant;

grant amount means an amount to which section 49 applies and includes a judgment debt and costs in respect of that amount.

S. 49E inserted by No. 40/2016 s. 16.