Commissioner's Guideline : CG-HI-007 : First Home Owner Grant instalment arrangement policy
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Page 4 of 5 CG-HI-007 Approval of an instalment arrangement 25. TRO will to take into account the following factors in determining an application for an instalment arrangement. (1) In cases where the recipient knowingly applied for the grant when they were ineligible, never intended to satisfy the residence requirements or deliberately breached a condition imposed on the payment of the grant, the degree of the recipients culpability will be a dominant consideration in determining whether an instalment arrangement, rather than legal recovery action, is appropriate. (2) Whether or not the prospects of recovery of the full amount of the debt in the longer term will be diminished. (3) Whether it would be reasonable in the circumstances for the recipient to access funds through a commercial lending provider. (4) Any other matter TRO considers relevant in the circumstances of the particular case. Order of repayments 26. Instalments will generally be applied to reduce the debt in the following order of preference. (1) The interest accruing as a result of the non-payment of the debt. (2) The penalty. (3) The amount of the outstanding grant. Review of instalment arrangements 27. If the financial circumstances of a recipient deteriorate such that they cannot comply with an approved instalment arrangement, the recipient must notify TRO immediately. The recipient must provide sufficient information about their current financial circumstances to allow TRO to determine whether it is appropriate to renegotiate a more suitable instalment arrangement or pursue other methods to recover the debt. Breach of instalment arrangements 28. If a recipient defaults on an instalment or does not otherwise comply with a condition of an instalment arrangement, TRO will notify the recipient in writing that if the breach is not remedied within the period stated in the notice, the instalment arrangement will be terminated and immediate legal action will be taken to recover the debt. 29. Continued breaches, regardless of whether they are of the same or a similar nature, will result in TRO revoking the instalment arrangement and pursuing other methods of recovering the debt. Commissioners Guidelines 30. Commissioners Guideline CG-GEN-001, which sets out information on the revenue publication system, is incorporated into and is to be read as one with this Guideline. All Circulars and Guidelines are available from the TRO website. http://www.treasury.nt.gov.au/PMS/Publications/TaxesRoyaltiesGrants/GeneralAdmin/CG-GEN-001.pdf