108AObligations in relation to discrepancies in information received relevant to housing assistance

1. This section applies if—

2. MSD identifies a discrepancy between—
   1. information received by MSD from a beneficiary (A) who is receiving housing assistance; and
   2. information received by MSD from—
      1. another beneficiary (B) who is receiving housing assistance; or
      2. a tenant of social housing (B) who pays an income-related rent; and
3. the discrepancy is in information that is relevant for the purposes of ascertaining—
   1. either or both of the following:
      1. whether A is, or remains, entitled to receive housing assistance, or the rate of housing assistance, that is being paid to A:
      2. whether A was not entitled to receive housing assistance, or the rate of housing assistance, that was paid to A; and
   2. any 1 or more of the following:
      1. whether B is, or remains, entitled to receive housing assistance, or the rate of housing assistance, that is being paid to B:
      2. whether B was not entitled to receive housing assistance, or the rate of housing assistance, that was paid to B:
      3. whether the income-related rent that B is paying or some other income-related rent is now appropriate:
      4. whether the income-related rent that B was paying at some earlier time or some other income-related rent was appropriate; and
4. the discrepancy is not resolved to MSD’s satisfaction, within 1 working day after MSD identified the discrepancy, as a result of MSD doing either or both of the following:
   1. checking with A that the information that MSD received from A correctly reflects what A intended to provide to MSD:
   2. checking with B that the information that MSD received from B correctly reflects what B intended to provide to MSD.

5. MSD must notify A and B of the particulars of the discrepancy as soon as reasonably practicable.

6. If the discrepancy is not resolved to MSD’s satisfaction within 10 working days from the date on which MSD notified A and B of the particulars of the discrepancy, MSD must suspend, with effect starting on the first working day after the end of that 10-working-day period,—

7. any housing assistance that is payable to A; and
8. any housing assistance that is payable to B.

9. If the discrepancy is not resolved to MSD’s satisfaction within 8 weeks of the date on which the suspensions took effect, MSD must cancel—

10. any housing assistance that has been granted to A; and
11. any housing assistance that has been granted to B.

12. If there is an inconsistency between this section and another provision of this Act, this section prevails.

13. In this section,—

    housing assistance means a benefit that is—

    1. an accommodation supplement; or
    2. temporary additional support; or
    3. a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004 (as that section is saved by clause 19 of Schedule 1 of this Act)

    income-related rent and tenant have the same meanings as in section 2(1) of the Public and Community Housing Management Act 1992.