A New Tax System (Family Assistance) Act 1999

PART 8 - CLEAN ENERGY ADVANCES  

Division 1 - Entitlement to clean energy advances  

SECTION 103   Entitlement in normal circumstances  

Entitlement for days 14 May 2012 to 30 June 2012

103(1)    
The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that an individual is entitled to a clean energy advance if:

(a) in relation to that day:

(i) a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or

(ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and

(b) the individual is in Australia on that day; and

(c) the individual ' s rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 , is greater than nil; and

(d) that rate was worked out taking into account at least one FTB child of the individual who is in Australia on that day; and

(e) on that day, neither section 32AA nor 32AD of the Family Assistance Administration Act prevents the Secretary from making a payment of family tax benefit to the individual, or the individual ' s partner, worked out on an estimated income basis.

Note:

The amount of the advance is worked out under sections 105 and 106 .

Entitlement for days 1 July 2012 to 30 June 2013

103(2)    
The Secretary may determine that an individual is entitled to a clean energy advance if:

(a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013:

(i) a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or

(ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and

(b) the individual is not an absent overseas recipient on that day (disregarding section 63A ); and

(c) the individual ' s rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 , is greater than nil; and

(d) that rate was worked out taking into account at least one FTB child of the individual who is not an absent overseas FTB child on that day (disregarding section 63A ).

Note:

The amount of the advance is worked out under sections 105 and 106 .

103(3)    
However, the Secretary must not make a determination under subsection (2) on a day before 1 July 2013 if:

(a) on that day:

(i) the individual is outside Australia and the individual left Australia before 1 April 2013; and

(ii) the individual is not an absent overseas recipient (disregarding section 63A ); or

(b) on that day:

(i) each FTB child of the individual is outside Australia and each FTB child of the individual left Australia before 1 April 2013; and

(ii) each FTB child of the individual is not an absent overseas FTB child (disregarding section 63A ).

Operation of section 32

103(4)    
For the purposes of paragraphs (1)(c) and (d) and (2)(c) and (d), disregard section 32 .

One clean energy advance only

103(5)    
An individual is not entitled to more than one clean energy advance under this section.