Document ID: chunk:federal_register_of_legislation:F2024L00133:reg:16:p1
Version: federal_register_of_legislation:F2024L00133
Segment Type: reg
Provision Reference: reg 16 (pt 1/2)
Character Range: 24897–28036

16  Minimum requirements - assessing eligibility

       Who is eligible for financial hardship assistance?

       (1) A customer is eligible for financial hardship assistance from their provider if:

           (a)  the customer's situation meets the definition of financial hardship; and

           (b) the customer wishes to access options for assistance made available by the provider.

       Requests for information or documents from customer

       (2) When assessing eligibility to receive financial hardship assistance, a provider must not request a customer to provide information (including documents) to show that they are in a financial hardship situation:

           (a) subject to subsection (3), if:

              (i) the application is for short term assistance; or

              (ii) it appears that the customer may be a victim survivor of domestic or family violence; or

           (b) that is irrelevant to the application or unreasonably onerous.

       (3) Subject to subsections (6) and (7), a provider may request a customer to provide information to show that they are in financial hardship if:

           (a)          it appears that the arrangement will need to be for long term assistance; and

           (b)          either:

              (i) the amount to be repaid is more than $1000;

              (ii) the customer has been a customer for less than 2 months; or

              (iii) the provider reasonably believes there is a possibility of fraud.

       Note:  Subsection (3) does not require a provider to request information from a customer to show that they are in financial hardship.

       (4) Where a provider requests information under subsection (3), it must:

           (a) state the name, email address and telephone number of a contact person or other general contact point to discuss the request;

           (b) provide the customer with points of contact to give the information to the provider, which must include:

              (i) an email address;

              (ii) a relevant electronic method, including via a website, or app (if the provider uses an app);

              (iii)  a physical address (including in store if the provider has a store); and

              (iv) if the customer has a disability, is from a culturally or linguistically diverse background or has other special needs, another point of contact appropriate to the customer's needs;

           (c) advise the customer that the provider will only:

              (i) request information if it is strictly necessary for it to conduct its assessment of eligibility; and

              (ii) retain a copy or record of any information received from the customer for the period that is required to complete its assessment;

           (d) provide the customer with details about how any information requested in a written form to support an application can be presented to and sighted by personnel who are authorised to sight such information; and

           (e) inform the customer:

              (i) how the information will be used and kept and state that the provider may use that information