sec.95Paying assistance if applicant liable to pay amount to State

### sec.95 Paying assistance if applicant liable to pay amount to State If the applicant is liable to pay an amount ( payable amount ) to the State under a recovery provision because of an offence committed by the applicant— the assistance granted to the applicant or, if the assistance is greater than the payable amount, the part of the assistance equivalent to the payable amount, is to be retained by the State; and the amount retained under paragraph (a) must be applied towards satisfying the applicant’s liability to the State under the recovery provision and, for that purpose, is taken to have been paid to the State by the applicant. If, after assistance is granted to the applicant, the applicant becomes liable to pay an amount to the State under a recovery provision because of an offence committed by the applicant, subsection (1) (a) and (b) apply in relation to any part of the assistance not already paid to the applicant. If the assistance payable to an applicant is reduced under subsection (1) or (2) and an amount of assistance remains payable to the applicant after the reduction, the government assessor must— decide the component of assistance for which the amount is payable, having regard to— the applicant’s needs; and whether the applicant has incurred any expenses; and anything else the government assessor considers relevant; and give the applicant a notice stating— the decision; and the reasons for the decision; and See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. The scheme manager must give notice to the SPER registrar of any amount taken to have been paid by the applicant to the State under subsection (1) (b) or (2) . In this section— recovery provision means section 117 (4) or 191 (4) . (sec.95-ssec.1) If the applicant is liable to pay an amount ( payable amount ) to the State under a recovery provision because of an offence committed by the applicant— the assistance granted to the applicant or, if the assistance is greater than the payable amount, the part of the assistance equivalent to the payable amount, is to be retained by the State; and the amount retained under paragraph (a) must be applied towards satisfying the applicant’s liability to the State under the recovery provision and, for that purpose, is taken to have been paid to the State by the applicant. (sec.95-ssec.2) If, after assistance is granted to the applicant, the applicant becomes liable to pay an amount to the State under a recovery provision because of an offence committed by the applicant, subsection (1) (a) and (b) apply in relation to any part of the assistance not already paid to the applicant. (sec.95-ssec.3) If the assistance payable to an applicant is reduced under subsection (1) or (2) and an amount of assistance remains payable to the applicant after the reduction, the government assessor must— decide the component of assistance for which the amount is payable, having regard to— the applicant’s needs; and whether the applicant has incurred any expenses; and anything else the government assessor considers relevant; and give the applicant a notice stating— the decision; and the reasons for the decision; and See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. (sec.95-ssec.4) The scheme manager must give notice to the SPER registrar of any amount taken to have been paid by the applicant to the State under subsection (1) (b) or (2) . (sec.95-ssec.5) In this section— recovery provision means section 117 (4) or 191 (4) . - (a) the assistance granted to the applicant or, if the assistance is greater than the payable amount, the part of the assistance equivalent to the payable amount, is to be retained by the State; and - (b) the amount retained under paragraph (a) must be applied towards satisfying the applicant’s liability to the State under the recovery provision and, for that purpose, is taken to have been paid to the State by the applicant. - (a) decide the component of assistance for which the amount is payable, having regard to— (i) the applicant’s needs; and (ii) whether the applicant has incurred any expenses; and (iii) anything else the government assessor considers relevant; and - (i) the applicant’s needs; and - (ii) whether the applicant has incurred any expenses; and - (iii) anything else the government assessor considers relevant; and - (b) give the applicant a notice stating— (i) the decision; and (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (iii) the internal review details for the decision. - (i) the decision; and - (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). - (iii) the internal review details for the decision. - (i) the applicant’s needs; and - (ii) whether the applicant has incurred any expenses; and - (iii) anything else the government assessor considers relevant; and - (i) the decision; and - (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). - (iii) the internal review details for the decision.