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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 86
Reduction if relevant payment received
86 Reduction if relevant payment received
(1) This section applies if the government assessor is reasonably satisfied an
applicant for assistance in relation to an act of violence has received, or
will receive, a relevant payment for the act.
(2) The government assessor
must reduce the amount of assistance that would otherwise be payable to the
applicant by an amount equivalent to the relevant payment.
(2A) However,
subsection (2) does not apply to the extent the government assessor is
satisfied the purpose for which the relevant payment was or will be made does
not include compensating the applicant for expenses in relation to which the
applicant is eligible for assistance. Example— An applicant is eligible for
assistance for counselling expenses mentioned in section 39 (a) , 42 (a) , 45
(a) , 46 (a) or 49 (a) . A relevant payment is received by the applicant under
the NIISQ Act for the applicant’s treatment, care and support within the
meaning of that Act. The purpose of the relevant payment does not include
compensating the applicant for counselling expenses.
(3) If the assistance
payable to an applicant is reduced under subsection (2) and an amount of
assistance remains payable to the applicant after the reduction, the
government assessor must— (a) decide the component of assistance for which
the amount is payable, having regard to— (i) the applicant’s needs; and
(ii) whether the applicant has incurred any expenses; and
(iii) anything else
the government assessor considers relevant; and
(b) give the applicant a
notice stating— (i) the decision; and
(ii) the reasons for the decision;
and Note— See the Acts Interpretation Act 1954 , section 27B (Content of
statement of reasons for decision).
(iii) the internal review details for
the decision.
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