46Payment where application not signed by spouse

46 Payment where application not signed by spouse

(1) Where: (a) in pursuance of subsection 16(3) the Secretary has directed that a person (in this section referred to as the non‑signing applicant) is to be deemed to have signed an application for a grant, being a person who refused to sign the application or whose whereabouts were unknown; (b) on the prescribed date the non‑signing applicant was the spouse of another applicant who signed the application; and (c) the Secretary is satisfied that the non‑signing applicant and that other applicant are living apart and have no intention of resuming co‑habitation; the Secretary may direct that payment be made to the applicant or applicants other than the non‑signing applicant of the amount of the grant reduced by the amount (if any) by which the amount of the grant exceeds the amount that would have been the amount of the grant if, in determining the acceptable savings of the applicants as at any date, no regard were had to: (d) moneys held, maintained on deposit or paid or expended by the non‑signing applicant; and (e) one‑half of moneys held, maintained on deposit or paid or expended by the non‑signing applicant jointly with another applicant. (2) Where, under subsection (1), the Secretary has directed the payment of an amount to the applicant or applicants other than the non‑signing applicant of an amount that is less than the amount (in this subsection referred to as the full amount) that, but for the direction, would have been payable to the applicants, the Secretary may direct the payment to the non‑signing applicant of an amount not exceeding the amount by which the full amount exceeds the sum of: (a) the amount paid in pursuance of subsection (1); and (b) the amount, or the sum of any amounts, previously paid under this subsection to an applicant or applicants in respect of the same application.