Clause 4. Rate and method of recovery

4

Rate and method of recovery

(1)

In determining the rate of recovery, or the method of recovery, or both, in respect of a debt under regulation 209(1), MSD must give consideration to the following matters:

(a)

the amount of the debt:

(b)

the ability of the debtor to meet his or her needs and the needs of his or her dependants:

(c)

the circumstances of the debtor and his or her dependants:

(d)

whether the rate or method of recovery would cause undue hardship to the debtor or any of his or her dependants:

(e)

the effect that the rate and method of recovery will have on the ability of the debtor to-

(i)

support himself or herself;

(ii)

fulfil any other obligations that he or she has under the Act:

(f)

the cost of recovery.

(2)

Subclause (1) is subject to subclauses (3) and (4).

(3)

In determining the rate of recovery, where the method of recovery set is the issue of a deduction notice, MSD must also give consideration to the matters in clause 6(6).

(4)

In determining the rate of recovery, or the method of recovery, or both, in respect of a debt of the kind set out in regulation 206(c) or (d) (debts in respect of any advance payment of instalments of benefit or recoverable assistance under any welfare programme), MSD must give consideration to the following matters:

(a)

the matters set out in subclause (1) and, where applicable, subclause (3):

(b)

in the case of a debtor who is a beneficiary, the extent to which priority should be given to recovery of the debt in order to maximise the debtor's access to further advance payments of instalments of benefit or recoverable assistance under any welfare programme where that access is based on the beneficiary's level of debt:

(c)

the age of the debt.