PART 3
-
ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)
History
Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. The heading formerly read:
PART 3
-
ELIGIBILITY FOR FAMILY ASSISTANCE
Division 1
-
Eligibility for family tax benefit
Subdivision A
-
Eligibility of individuals for family tax benefit in normal circumstances
SECTION 27
Extension of meaning of FTB or regular care child in a blended family case
27(1)
This section applies if:
(a)
2 individuals are members of the same couple; and
(b)
either or both of the individuals have a child (the
qualifying child
) from another relationship (whether before or after the 2 individuals became members of that couple).
27(2)
While the 2 individuals are members of that couple:
(a)
each qualifying child that is an FTB child, or regular care child, of one member of the couple is taken also to be an FTB child, or regular care child, (as the case requires) of the other member of the couple; and
(b)
if the Secretary has determined, under section
35A
or
35B
, one individual
'
s percentage of care for the qualifying child during a care period (whether before or after the 2 individuals became members of that couple)
-
the Secretary is taken to have determined the same percentage to be the other individual
'
s percentage of care for the child during that period.
History
S 27(2) amended by No 65 of 2010, s 3 and Sch 2 item 17, by substituting para (b), effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading. Para (b) formerly read:
(b)
if, under subsection 22(6A), the Secretary determines (whether before or after the 2 individuals became members of that couple) a percentage of a period during which the qualifying child was, or will be, in the care of one member of the couple
-
the Secretary is taken to have determined that the child was, or will be, in the care of both members of the couple during that percentage of the period.
S 27 substituted by No 146 of 2006, s 3 and Sch 8 item 26, effective 1 July 2008. S 27 formerly read:
SECTION 27 Extension of meaning of FTB child in a blended family case
27
If:
(a)
2 individuals are members of the same couple; and
(b)
either or both of the individuals have a child (the
qualifying child
) from another relationship (whether before or after the 2 individuals became members of that couple);
each qualifying child that is an FTB child of one member of the couple while the 2 individuals are members of that couple is taken also to be an FTB child of the other member of the couple.