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Victims of Crime (Financial Assistance) Act 2016
47Reducing amount of financial assistance
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47 Reducing amount of financial assistance
grounds that, for an act of violence that is the subject of an application
for financial assistance, the applicant has—
(a) received an associated payment covering the same harm or loss
as the financial assistance is intended to cover; or
(b) previously been required to repay an amount under
part 5 (Repayment of financial assistance and funeral expenses
by assisted person) and has not repaid the amount; or
(c) previously been required to repay an amount under
part 6 (Recovery from offender) and has not repaid the amount;
or
(d) been involved in contributory conduct.
(2) The commissioner must reduce the amount of financial assistance to
the applicant by an amount—
(a) if circumstances mentioned in subsection (1) (a) apply—equal
to the associated payment; or
(b) if circumstances mentioned in subsection (1) (b) or (c) apply—
equal to the outstanding repayment amount; or
(c) if circumstances mentioned in subsection (1) (d) apply—that the
commissioner is satisfied is appropriate, taking into account the
applicant’s contributory conduct.
(3) In this section:
contributory conduct means any of the following conduct by the
applicant:
(a) conduct that contributed to the injury suffered by the applicant
as a result of the act of violence that is the subject of the
(b) participating in or assisting in the act of violence that is the
subject of the application;
(c) encouraging someone else to participate in or assist in the act of
violence that is the subject of the application;
(d) failing to take reasonable steps to mitigate the extent of injury
that arose from the act of violence.