A New Tax System (Family Assistance) Act 1999

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 6 - Eligibility for single income family supplement  

Subdivision A - Eligibility of individuals for single income family supplement in normal circumstances  

SECTION 57G   When an individual is eligible for single income family supplement in normal circumstances  

57G(1)    
An individual is eligible for single income family supplement if:

(a) the individual has at least one qualifying child; and

(b) the individual:

(i) is an Australian resident; or

(ii) is a special category visa holder residing in Australia; or

(iii) satisfies subsection (2); and

(c) the individual is not an absent overseas recipient (see subsections (4) and (5)); and

(d) the individual ' s rate of single income family supplement, worked out under Division 4B of Part 4 , is greater than nil.

Note:

This section does not apply to certain individuals: see section 57GDA .

When individual satisfies this subsection

57G(2)    
An individual satisfies this subsection if:

(a) the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991 ; and

(b) either:

(i) the individual is in Australia; or

(ii) the individual is temporarily absent from Australia for a period not exceeding 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

Qualifying child

57G(3)    
For the purposes of this Division, an individual is a qualifying child of another individual (the adult ) if:

(a) the individual is an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(b) the following apply:

(i) the individual is receiving disability support pension under Part 2.3 of the Social Security Act 1991 and the individual ' s maximum basic rate is worked out under item 1 or 3 of Table B in point 1066A-B1 or item 1 or 3 of Table B in point 1066B-B1 of that Act;

(ii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(c) the following apply:

(i) the individual is receiving youth allowance and the individual ' s maximum basic rate is worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of the Social Security Act 1991 ;

(ii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(d) the following apply:

(i) the individual is receiving special benefit under Part 2.15 of the Social Security Act 1991 ;

(ii) if youth allowance were payable to the individual, the individual ' s maximum basic rate would be worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of that Act;

(iii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(e) the following apply:

(i) the individual, or someone on behalf of the individual, is receiving instalments under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance that is being paid at the standard (at home) rate;

(ii) the individual is a dependent student under the scheme and is aged 16 or more and under 21;

(iii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(f) the following apply:

(i) the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Veterans ' Children Education Scheme;

(ii) the individual is aged 16 or more;

(iii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ); or

(g) the following apply:

(i) the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Military Rehabilitation and Compensation Act Education and Training Scheme;

(ii) the individual is aged 16 or more;

(iii) apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9) ).

Absent overseas recipient

57G(4)    

For the purposes of this section, if an individual leaves Australia, the individual is an absent overseas recipient for any period that occurs:

(a) during that absence from Australia; and

(b) after the end of the period of 6 weeks beginning on the first day of that absence.

57G(5)    

For the purposes of this section, if:

(a) an individual is eligible for single income family supplement while the individual is absent from Australia; and

(b) the individual then becomes an absent overseas recipient because of the application of subsection (4) or a previous application of this subsection; and

(c) the individual returns to Australia; and

(d) the individual leaves Australia again less than 6 weeks after returning to Australia;

the individual is an absent overseas recipient for any period that occurs during the absence from Australia referred to in paragraph (d).