A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Part 5 - Common provisions  

Division 4 - Reduction for family tax benefit advance  

45   Part A rate insufficient to cover reduction - discretion to create FTB advance debt  

(1)    
The Secretary may, instead of making a determination under subclause 43(2) , step 3 of the method statement in subclause 44(2) or under subclause 44(5) , determine that the amount of unrepaid family tax benefit advance is to be a debt.

Note:

See subsection 71A(7) of the Family Assistance Administration Act.

(2)    
However, the Secretary must not make a determination under subclause (1) unless the individual ' s Part A rate before reduction under clause 5 or 25A is less than the amount that would, under clause 26 , be the FTB child rate if:

(a) the individual ' s Part A rate were required to be worked out using Part 3 of this Schedule; and

(b) clause 27 did not apply.