Clause 9. Restrictions on Payments

9

Restrictions on Payments

9.1

Any Payment is to be the least amount required to meet the Particular Immediate Need of the Applicant up to a maximum of $200 unless a higher maximum is stated.

9.2

Except where MSD considers exceptional circumstances exist, the amount of any Payment, or the total of the amount of any Payment and the amount of all prior Payments that have not been repaid, must not exceed the lesser of-

(a)

the equivalent of the maximum weekly rate of a supported living payment that the Applicant and his or her spouse or partner (if any) would be entitled to receive over a period of 6 weeks if the Applicant were entitled to that Benefit; and

(b)

any maximum amount stated in the clause under which the Payment is granted.

9.3

The maximum available Payment for any item under this programme must be reduced by the Applicant's Debt Balance unless MSD considers exceptional circumstances exist.

9.4

In determining whether exceptional circumstances exist, MSD must have regard to-

(a)

the Applicant's ability to repay;

(b)

whether the Applicant could reasonably have been expected to make provision for the Particular Immediate Need;

(c)

the extent to which not granting a Payment would-

(i)

worsen the Applicant's position; or

(ii)

increase or create any risk to the life or welfare of the Applicant, the Applicant's Spouse or partner, or any Dependent Child; or

(iii)

cause serious hardship to the Applicant, the Applicant's Spouse or partner, or any Dependent Child; and

(d)

any other matters relevant to the circumstances of the particular case.

9.4A

MSD must not make any payment under this programme to an applicant for any of the housing needs, assistance or costs set out in the Housing Support Programme.

9.5

MSD may, in the circumstances set out in clause 9.6, request an applicant for a payment under this programme (other than for a payment under Part 3A) or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity.

9.6

The circumstances referred to in clause 9.5 are as follows:

(a)

the applicant has received 3 or more applicable payments within the specified period; or

(b)

paragraph (a) does not apply to the applicant, but MSD, after taking into account the following matters, considers that it would be beneficial for the applicant or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity to better manage their finances:

(i)

the applicant has received repeated applicable payments for the same cost (whether the payments were received before or after 27 September 2010:

(ii)

the applicant's history of receiving multiple applicable payments (whether that history relates to a period before or after 27 September 2010):

(iii)

the amount of the applicant's debts that are due to the Crown (within the meaning of regulation 206 of the Social Security Regulations 2018) and whether that amount is materially significant to the management of the applicant's finances.

9.7

If 1 or more applicable payments are made to the applicant on the same day, those payments are to be counted as 1 applicable payment under clause 9.6.

9.8

The kinds of budgeting activities that MSD may request an applicant of the applicant's spouse or partner (if any), or both, to undertake are as follows:

(a)

completing a budgeting work sheet or a work sheet approved by MSD that sets out income against expenditure:

(b)

attending a budgeting course or seminar approved by MSD that teaches how to budget or to improve budgeting skills:

(c)

seeking assistance from a recognised budgeting advice service.

9.9

This clause applies in respect of an applicant if MSD is satisfied that-

(a)

the applicant or the applicant's spouse or partner has failed to take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances; or

(b)

the applicant or the applicant's spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or

(c)

the applicant or the applicant's spouse or partner has failed to comply with-

(i)

a request to undertake a budgeting activity under clause 9.5 of this programme or clause 9.12 of the Special Needs Grant Programme; or

(ii)

a requirement to undertake a budgeting activity under section 348(2) of the Act.

9.10

If clause 9.9 applies, MSD may refuse to make a payment or any subsequent payment, to or in respect of the applicant under this programme.

9.11

In this clause, reasonable steps, in relation to better managing a person's finances, includes complying with a request or requirement to undertake a budgeting activity under clause 9.12 of the Special Needs Grant Programme or under section 348(2) of the Act.