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 F
-
Percentages of care determined under the child support law
History
Subdiv F inserted by No 65 of 2010, s 3 and Sch 2 item 18, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
SECTION 35U
Reviews of percentages of care under child support law apply for family assistance purposes
35U(1)
Subject to subsection
(2)
, if:
(a)
the Child Support Registrar considers an objection to a decision under Part
VII
of the
Child Support (Registration and Collection) Act 1988
; and
(b)
considering the objection involves (wholly or partly) a consideration of a determination that:
(i)
was made under a provision of Subdivision
B
of Division
4
of Part
5
of the
Child Support (Assessment) Act 1989
; or
(ii)
has effect, under section
54K
of that Act, as if it were a determination made under such a provision; and
(c)
the Child Support Registrar
'
s decision on the objection has the effect of varying the determination or substituting a new determination;
section
35T
of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
History
S 35U(1) amended by No 60 of 2015, s 3 and Sch 5 item 1, by substituting
"
subsection (2)
"
for
"
subsections (2) and (3)
"
, effective 1 July 2015.
35U(2)
If:
(a)
the AAT has reviewed a decision on application referred to in section
89
or paragraph
96A(b)
of the
Child Support (Registration and Collection) Act 1988
; and
(b)
the review involves (wholly or partly) a review of a determination that:
(i)
was made under a provision of Subdivision
B
of Division
4
of Part
5
of the
Child Support (Assessment) Act 1989
; or
(ii)
has effect, under section
54K
of that Act, as if it were a determination made under such a provision; and
(c)
the decision on review has the effect of varying or substituting the determination;
section
35T
of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
[
CCH Note:
S 35U(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 208, by substituting
"
ART
"
for
"
AAT
"
and
"
section 89
"
for
"
section 89 or paragraph 96A(b)
"
in para (a), effective at the same time as the
Administrative Review Tribunal Act 2024
commences. However, the provisions do not commence at all if that Act does not commence.]
History
S 35U(2) substituted by No 60 of 2015, s 3 and Sch 5 item 2, effective 1 July 2015. S 35U(2) formerly read:
35U(2)
Subject to subsection (3), if:
(a)
the SSAT reviews a decision under Part
VIIA
of the
Child Support (Registration and Collection) Act 1988
; and
(b)
reviewing the decision involves (wholly or partly) a review of a determination that:
(i)
was made under a provision of Subdivision
B
of Division
4
of Part
5
of the
Child Support (Assessment) Act 1989
; or
(ii)
has effect, under section
54K
of that Act, as if it were a determination made under such a provision; and
(c)
the SSAT
'
s decision on the review has the effect of varying the determination or substituting a new determination;
section
35T
of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
35U(3)
(Repealed by No 60 of 2015)
History
S 35U(3) repealed by No 60 of 2015, s 3 and Sch 5 item 2, effective 1 July 2015. S 35U(3) formerly read:
35U(3)
If:
(a)
the AAT reviews a decision under the AAT Act; and
(b)
reviewing the decision involves (wholly or partly) a review of a determination that:
(i)
was made under a provision of Subdivision
B
of Division
4
of Part
5
of the
Child Support (Assessment) Act 1989
; or
(ii)
has effect, under section
54K
of that Act, as if it were a determination made under such a provision; and
(c)
the AAT
'
s decision on the review has the effect of varying the determination or substituting a new determination;
section
35T
of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
History
S 35U inserted by No 65 of 2010, s 3 and Sch 2 item 18, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv
D
heading.
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