Part 4
Interest, relief, penalties and offences, rights of objection, and rights to challenge
Relief:
Hardship relief
147Hardship relief for any tax year
If an application is made under section 145(1)(b) for hardship relief, the Commissioner may, for any period the Commissioner considers equitable, decrease a borrower's repayment obligation if the Commissioner—
- is satisfied that payment of that repayment obligation is causing, or would cause, serious hardship to the borrower; or
- considers that there are other special reasons that make it fair and reasonable to do so.
However, the Commissioner must not—
- refund any amount that was deducted or paid to meet a repayment obligation for a tax year prior to the current tax year other than the tax year that immediately precedes the current tax year; or
- decrease a repayment obligation if—
- a student loan shortfall penalty has been imposed on a borrower under section 159 in relation to the tax year that the repayment obligation relates to; and
- for the purposes of the application of section 159 (as set out in section 158), the shortfall penalty for which the borrower was liable was imposed under section 141D or 141E of the Tax Administration Act 1994.
- a student loan shortfall penalty has been imposed on a borrower under section 159 in relation to the tax year that the repayment obligation relates to; and
Notes
- Section 147(2): replaced, on (applying for 2013–14 and later tax years), by section 63 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).