New Zealand Legislation: Acts

6 Money payable out of Crown Bank Account

• Section 124(2) is repealed and the following subsections are substituted:

  • “(1C) There must from time to time be paid out of the Crown Bank Account, without further appropriation than this subsection, all money necessary for granting special assistance under section 61CF.

  • “(2) This subsection applies to a payment made to a person out of the Crown Bank Account by way of special assistance pursuant to subsection (1)(d) or subsection (1C) if—

    • “(a) either—

      • “(i) it was obtained by fraud; or

      • “(ii) the spouse or partner of the person made a false statement to or otherwise misled an officer engaged in the administration of Part 1, in relation to his or her income or other personal circumstances; and

    • “(b) as a result, it exceeded the amount (if any) that, in the chief executive's opinion, would otherwise have been paid.

  • “(2A) Sections 81 and 86, as far as they are applicable and with any necessary modifications, apply to a payment to which subsection (2) applies—

    • “(a) as if it were made by way of benefit under Part 1; and

    • “(b) as if the person to whom it was made were a beneficiary entitled to a benefit of the amount (if any) that, in the chief executive's opinion, would have been payable if (as the case may be)—

      • “(i) the fraud had not occurred; or

      • “(ii) the false statement had not been made; or

      • “(iii) the officer had not been misled.”