(1) An applicant paid financial assistance under section 45 may, within the following period, apply to the Director for an increased award:
(a) if the applicant was an adult at the date of payment – within 3 years after that date; or
(b) if the applicant was a child at the date of payment – within 3 years after the person becomes an adult.
(2) The application must include the reason why the increase is sought, the amount of financial assistance sought and any other information required by regulation.
(3) The application must be accompanied by documents in support of the application.
(4) On receipt of the application from the Director, the assessor must decide the application in accordance with the relevant provisions of Division 4 and may decide to increase the award or refuse to do so.
(5) The assessor may increase the award only if satisfied:
(a) the circumstances require it; and
(b) the relevant maximum amount of financial assistance mentioned in section 38, 39 or 40 has not already been awarded.
(6) The assessor must give the Director a notice of the assessor's decision to increase the award or refuse to do so.
(7) The notice must be in the approved form including the following information:
(a) the reasons for the decision;
(b) if the assessor has increased the award:
(i) the amount of financial assistance to be paid to the applicant; and
(ii) if the application was made by a person mentioned in section 25(5) – details about the payment of financial assistance and requirements, directed to the person, about the use or management (including by the creation of a trust) of the financial assistance;
(c) details about the applicant's right to appeal against the decision.
(8) A person must not, without reasonable excuse, contravene a requirement directed to the person under subsection (7)(b)(ii).
Penalty: 100 penalty units.
(9) The Director must give the notice to the applicant and, if practicable, give a copy to each offender named in the applicant's original application for an award.
(10) Within 28 days after the Director gives a notice to an applicant awarded increased financial assistance, the Territory must pay the financial assistance as specified in the notice.