46Power to recover amount paid in error

46 Power to recover amount paid in error

(1)  This section applies to the following amounts:

(a) an amount that an applicant, or former applicant, for a grant is required to repay under the conditions of the grant or by requirement of the Commissioner under this Act;

(b) the amount of a penalty imposed on an applicant, or former applicant, for a grant under this Act;

(c) an amount a third party is required to repay by requirement of the Commissioner under this Act.

(2)  The liability arising from a requirement to pay, or repay, an amount to which this section applies is joint and several if the requirement attaches to 2 or more persons.

(3)  If an applicant who is liable to pay, or repay, an amount to which this section applies has an interest in the home for which a grant under this Act was sought, the liability is a first charge on the applicant’s interest in that home.

(4)  The Commissioner may recover as a debt due to the Crown –

(a) an amount to which this section applies; and

(b) any reasonable costs and expenses incurred by the Commissioner in connection with the recovery, or attempted recovery, by lawful means of the amount referred to in paragraph (a) .

(5)  If a person fails to pay all, or any part, of an amount to which this section applies within the time specified in a notice under section 45 which requires the payment, the Commissioner, by written notice to the person, may require the person to pay interest on the unpaid amount.

(6)  If the Commissioner requires a person to pay interest on an amount under subsection (5) , the person is liable to pay interest on the amount, or part of the amount, that is unpaid –

(a) on a daily basis from the end of the last day for payment specified in the notice under section 45 until the day it is paid; and

(b) at the interest rate specified in section 35 of the Taxation Administration Act 1997 .