sec.58Time limit

### sec.58 Time limit An application for funeral expense assistance must be made within— for a primary victim—3 years after the death of the victim; or for an unborn child of a primary victim—3 years after the life of the unborn child is destroyed. The scheme manager may, on application by a person, extend the time for the person to make an application for funeral expense assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— the person’s age when the death occurred; whether the person has impaired capacity; the physical or psychological effect of the act of violence on the person; whether the delay in making the application undermines the possibility of a fair decision; any other matter the scheme manager considers relevant. The scheme manager must give the person notice of the scheme manager’s decision on the application. If the scheme manager decides not to grant the application, the notice must state the following— the decision; the reasons for the decision; See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. s 58 amd 2017 No. 8 s 45 ; 2023 No. 23 s 239 (sec.58-ssec.1) An application for funeral expense assistance must be made within— for a primary victim—3 years after the death of the victim; or for an unborn child of a primary victim—3 years after the life of the unborn child is destroyed. (sec.58-ssec.2) The scheme manager may, on application by a person, extend the time for the person to make an application for funeral expense assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— the person’s age when the death occurred; whether the person has impaired capacity; the physical or psychological effect of the act of violence on the person; whether the delay in making the application undermines the possibility of a fair decision; any other matter the scheme manager considers relevant. (sec.58-ssec.3) The scheme manager must give the person notice of the scheme manager’s decision on the application. (sec.58-ssec.4) If the scheme manager decides not to grant the application, the notice must state the following— the decision; the reasons for the decision; See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. - (a) for a primary victim—3 years after the death of the victim; or - (b) for an unborn child of a primary victim—3 years after the life of the unborn child is destroyed. - (a) the person’s age when the death occurred; - (b) whether the person has impaired capacity; - (c) the physical or psychological effect of the act of violence on the person; - (d) whether the delay in making the application undermines the possibility of a fair decision; - (e) any other matter the scheme manager considers relevant. - (a) the decision; - (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). - (c) the internal review details for the decision.