sec.88Inviting submissions from applicant

### sec.88 Inviting submissions from applicant This section applies if— under part 12 , division 3 , the government assessor proposes to refuse an application for assistance; or under part 12 , division 5 , the government assessor proposes to reduce the assistance that would otherwise be payable to an applicant. The government assessor must give the applicant a notice— stating— the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86 (2) —the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and inviting the applicant to make, within a stated time, an oral or written submission about the matter mentioned in paragraph (a) . The stated time must be reasonable and, in any case, at least 28 days after the government assessor gives the notice to the applicant. Before deciding the application, the government assessor must consider any submission made by the applicant within the stated time. Despite subsections (2) to (4) , the government assessor may decide the application before the stated time if the applicant has advised the government assessor that the applicant will not make a submission about the matter mentioned in subsection (2) (a) . s 88 amd 2017 No. 8 s 60 (sec.88-ssec.1) This section applies if— under part 12 , division 3 , the government assessor proposes to refuse an application for assistance; or under part 12 , division 5 , the government assessor proposes to reduce the assistance that would otherwise be payable to an applicant. (sec.88-ssec.2) The government assessor must give the applicant a notice— stating— the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86 (2) —the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and inviting the applicant to make, within a stated time, an oral or written submission about the matter mentioned in paragraph (a) . (sec.88-ssec.3) The stated time must be reasonable and, in any case, at least 28 days after the government assessor gives the notice to the applicant. (sec.88-ssec.4) Before deciding the application, the government assessor must consider any submission made by the applicant within the stated time. (sec.88-ssec.5) Despite subsections (2) to (4) , the government assessor may decide the application before the stated time if the applicant has advised the government assessor that the applicant will not make a submission about the matter mentioned in subsection (2) (a) . - (a) under part 12 , division 3 , the government assessor proposes to refuse an application for assistance; or - (b) under part 12 , division 5 , the government assessor proposes to reduce the assistance that would otherwise be payable to an applicant. - (a) stating— (i) the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and (ii) if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86 (2) —the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and - (i) the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and - (ii) if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86 (2) —the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and - (b) inviting the applicant to make, within a stated time, an oral or written submission about the matter mentioned in paragraph (a) . - (i) the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and - (ii) if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86 (2) —the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and