Variations of Financial Assistance Scheme awards

Applicants who receive an award under the FAS may apply to the FAS for variations. Such applications must be made within 10 years from the date of the decision to pay assistance; or, if the applicant was under 18 years of age when the decision was made, up until 28 years of age. Longer periods may be prescribed under the FAS Regulations (ss 48(1) and (2)). See also Part 25 of the FAS Guidelines.

The categorisation of variation applications into minor or substantive variations does not apply to applications to vary FAS awards.

In considering applications for variation, the FAS must take into account anything it considers relevant, including any fresh evidence or change in circumstances since the last award was made or last varied; and any payments received or payable to the applicant since the award was made or last varied (s 48(4)).

An application to vary the award should therefore address these factors and explain the link between the act of violence and the need for further awards, and be accompanied by supportive material.

Variations of Financial Assistance Scheme awards

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 886

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