50Entitlement to incentives

50 Entitlement to incentives

(1) The approved participant for a rental dwelling covered by an allocation is entitled to receive an incentive for the dwelling for each NRAS year, or part of an NRAS year, within the incentive period for the allocation, unless a determination under subsection (2) or (4) is in force for the allocation.

Note 1: While a determination under subsection (2) or (4) is in force, the entitlement is effectively paused for the entire part of the NRAS year for which the allocation is held by the approved participant.

Note 2: The approved participant’s entitlement will cease completely:

(a) in the event of a redirection arising from a breach (see Division 3); or
(b) if requested as part of an agreed transfer (see paragraph 21(4)(d)).

No entitlement if a breach is reasonably believed to have been committed (2) The Secretary may, in writing, determine that subsection (1) does not apply in relation to an allocation if the Secretary reasonably believes that the approved participant has committed an individual breach, a serious breach or a disqualifying breach. (3) A determination under subsection (2) ceases to be in force if: (a) during the next 180 days, the Secretary fails to give notice under subsection 30(1) of a proposed determination (a breach determination) under section 24, 25 or 26 relating to the breach; or (b) such a notice is so given, but the Secretary fails to make the breach determination during the next 120 days; or (c) the breach determination is so made, but the breach determination ceases to be in force.

Note: For paragraph (c), the breach determination could cease to be in force following review by the Administrative Review Tribunal (see paragraph 71(e)).

No entitlement if incentive may be redirected (4) The Secretary may, in writing, determine that subsection (1) does not apply in relation to an allocation if the Secretary has given notice under section 61 of a proposed redirection of an incentive for a rental dwelling covered by the allocation. (5) A determination under subsection (4) ceases to be in force if: (a) the Secretary fails to redirect the incentive during the next 120 days; or (b) if the Secretary so redirects the incentive, the redirection ceases to have effect.

Note: For paragraph (b), the redirection could cease to have effect if the Secretary’s decision to redirect the incentives is set aside by the Administrative Review Tribunal (see paragraph 71(h)).