Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p67
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 169930–172814

larger amount if the person asks the Secretary in writing for the advance payment deduction to be the larger amount.

"(2) Subsection (1) does not apply if the Secretary is satisfied that the person would suffer severe financial hardship if the advance payment deduction were the larger amount.

Reduction of advance payment deduction in cases of severe financial hardship

Reduction

"1206L.(1) Subject to subsection (2) and sections 1206M and 1206N,

if:

    (a) the person applies in writing to the Secretary for an advance payment deduction to be decreased, or to be stopped, because of severe financial hardship; and

    (b) the Secretary is satisfied that:

      (i) the person's circumstances are exceptional and could not reasonably have been foreseen at the time of the person's application for the advance payment; and

      (ii) the person would suffer severe financial hardship if the advance payment deduction that would otherwise apply were to continue;

the Secretary may determine in writing that, for the period specified in the determination, the advance payment deduction is to be a lesser amount (which may be a nil amount) specified in the determination.

Review of reduction

"(2) At any time while the determination is in force, the Secretary may:

SCHEDULE 12—continued

    (a) vary the determination so as to require to be deducted from the person's rate an advance payment deduction larger than the deduction (if any) previously applying under the determination, but smaller than the deduction applying immediately prior to the determination; or

    (b) revoke the determination;

but only if the Secretary is satisfied that the person would not suffer severe financial hardship because of the variation or revocation.

Variation or revocation in writing

"(3) A variation or revocation of a determination must be in writing.

The final advance payment deduction

Final advance payment deduction not to exceed unpaid amount

"1206M.(1) If an advance payment deduction that would otherwise be deducted from a person's rate exceeds the part of the advance payment that the person has not yet repaid (by previous deductions under this Part or otherwise), the amount of that advance payment deduction equals the part that the person has not yet repaid.

Example:

Facts:

Assume that, in the example at the end of section 1206J, Anne has requested that the advance payment deduction be the larger amount of $55 (see section 1206K), so that the advance payment of $450 will be repaid sooner.

Application:

If $55 is deducted from Anne's fortnightly rate of benefit, $440 will have been repaid after 8 successive fortnights, leaving $10 unpaid. Under section 1206M, the final advance payment deduction will be $10.

This section subject to section 1206N

"(2) This section has effect subject to section 1206N.

Provisional payment rate insufficient to cover