51Amount of incentive and reductions by Secretary

51 Amount of incentive and reductions by Secretary

(1) The amount of an incentive for an NRAS year, for a rental dwelling covered by an allocation, is the full amount of incentive for the dwelling for the year reduced (as necessary) by the Secretary in accordance with this section.

Note: This amount of incentive may sometimes be apportioned between 2 or more approved participants (see section 53).

Reducing incentives (2) The Secretary must reduce the full amount of the incentive if the Secretary is satisfied that, for one or more days during the NRAS year: (a) the incentive was not available; or (b) circumstances specified in a condition of the allocation have not happened.

Note: Division 2 of Part 2 sets out some of the circumstances when the incentive will not be available.

(3) The reduced amount of the incentive must be worked out by apportioning the full amount by reference to the number of days in the NRAS year not covered by subsection (2). (4) To avoid doubt, one or more reductions made by the Secretary under this section may reduce the amount of the incentive to nil. Internal review (5) If, under this section, the Secretary makes a decision to reduce the amount of an incentive, the Secretary must give the approved participant for the allocation concerned written notice of the decision. (6) The following may apply to the Secretary for review of the decision: (a) the approved participant to whom the notice was given; (b) if the allocation is transferred to another person within the period that applies under paragraph (7)(b)—the gaining approved participant. (7) The application must be made: (a) in the form approved by the Secretary; and (b) within 60 days after notice of the decision is given under subsection (5), or within such further period as the Secretary allows. (8) If an application for review of the decision is made in accordance with this section, the Secretary must: (a) review the decision; and (b) confirm, revoke or vary the decision; and (c) give the applicant notice in writing of the confirmation, revocation or variation (the review notice).

Note: A decision under this subsection is reviewable by the Administrative Review Tribunal (see section 71).

(9) If the Secretary has not given the applicant a review notice within 2 months after the applicant applied for the review, the Secretary is taken to have given the applicant a review notice confirming the decision.