12Decision on application

12 Decision on application

For paragraph 3(1)(h) of Schedule 3, a decision on an application under section 10 is to be made by the Secretary.

Notes: A power to make a decision may be delegated under section 234 of the Social Security (Administration) Act 1999.

Note: See also section 13 of this instrument.

(2) In relation to each relevant debt in a person’s application, the Secretary must, depending on the outcome of the assessment of the debt having regard to the requirements of the scheme: (a) decide that the person is entitled to be paid a resolution payment and include in the decision the amount of the payment; or (b) decide that the person is not entitled to be paid a resolution payment. (3) This section does not require the Secretary to make a decision in relation to a relevant debt while the Secretary is waiting for the person to comply with a request under subsection 11(1) in relation to the debt.

Note: A request under section 11 must specify the period within which the person is to provide the requested information or document.

(4) In relation to a relevant debt, if a person does not comply with a request under subsection 11(1) within the response period specified under subparagraph 11(2)(b)(vi), the Secretary may make a decision under paragraph (2)(b) on the basis that the person has failed to provide sufficient information to show that the person is entitled to be paid a resolution payment.