39Loading in respect of voluntary repayments

39 Loading in respect of voluntary repayments

When this section applies (1) This section applies if: (a) the Commonwealth provides public resources to or in relation to a member purportedly under this Act; and (b) the member, or a person acting on behalf of the member, makes a repayment to the Commonwealth of some or all of the amount or value of the resources; and (c) the repayment is made more than 28 days after the day of the claim; and (d) the resources are not of an amount attributable, to any extent, to an administrative error within the Commonwealth; and (e) section 38 does not apply. Reduction of future amounts (2) A resources provider may determine, in writing, that an amount of public resources that is payable to the member by the resources provider is reduced by an amount (the loading amount) that is equal to 25% or any specified lower percentage of the repayment. The determination has effect accordingly. (3) The resources provider must consult the member before making the determination. Effect of voluntary payment of loading amount (4) If an amount is paid to the Commonwealth, by or on behalf of the member, in respect of the loading amount, the loading amount is reduced by the amount of the payment.