A New Tax System (Family Assistance) Act 1999

PART 8 - CLEAN ENERGY ADVANCES  

Division 2 - Amount of clean energy advance  

SECTION 105   Amount of advance where entitlement under section 103  

105(1)    
On the day (the decision day ) that the Secretary determines that an individual is entitled to a clean energy advance under section 103 , the Secretary must work out the amount of the advance.

Secretary determines entitlement before 1 July 2012

105(2)    
If the decision day is before 1 July 2012, the amount of the individual ' s clean energy advance is, subject to subsections (5) and (6), worked out as follows: Method statement

Secretary determines entitlement in the 2012-13 income year

105(3)    
If the decision day is on or after 1 July 2012 and before 1 July 2013, the amount of the individual ' s clean energy advance is, subject to subsections (5) and (6), worked out as follows: Method statement

Secretary determines entitlement on or after 1 July 2013

105(4)    
If the decision day is on or after 1 July 2013, the amount of the individual ' s clean energy advance is, subject to subsections (5) and (6), the sum of the individual ' s clean energy daily rates (see section 106 ) for each day in the 2012-13 income year.

Reduced amount if rate took account of a section 28 or 29 percentage determination

105(5)    
If, in relation to any of the following days:

(a) if the decision day is before 1 July 2012 - the decision day;

(b) if the decision day is on or after 1 July 2012 and before 1 July 2013 - a day in the period beginning on 1 July 2012 and ending on the decision day;

(c) if the decision day is on or after 1 July 2013 - a day in the 2012-13 income year;

a determination under section 28 or 29 of a particular percentage in relation to one or more FTB children of the individual is in effect, the clean energy daily rate for that day is that percentage of the clean energy daily rate that would otherwise apply.

Legislative instrument

105(6)    
If:

(a) an individual is entitled to a clean energy advance under section 103 in relation to an FTB child; and

(b) before the decision day in relation to the individual, a former partner of the individual was entitled to a clean energy advance under section 103 or 108 in relation to that FTB child; and

(c) at the time the former partner became so entitled, the individual and the former partner were members of the same couple;

then:

(d) subsections (2) to (5) do not apply in relation to working out the amount of the individual ' s clean energy advance; and

(e) the amount of the individual ' s clean energy advance is worked out in accordance with an instrument made under subsection (7) (which may be nil).

105(7)    
The Minister may, by legislative instrument, specify a method for working out the amount of clean energy advances for the purposes of subsection (6).