Sch 1 cl 5 substituted by No 53 of 2011, s 3 and Sch 1 item 6, applicable to family tax benefit advances requested on or after 1 July 2011. No 53 of 2011, s 3 and Sch 1 item 20 contains the following transitional provision:
20 Transitional advance payment
(1)
This item applies if:
(a)
an individual was paid a family tax benefit advance for the individual
'
s family tax benefit advance period that ended on 30 June 2011; and
(b)
under paragraph 33(3)(b) of the Family Assistance Administration Act as in effect immediately before 1 July 2011, the request for the advance operated for a particular standard advance period and all subsequent standard advance periods; and
(c)
the individual had not withdrawn the request before 30 June 2011; and
(d)
under clause 5 or 25A of Schedule
1
to the Family Assistance Act as in effect immediately before 1 July 2011, the individual
'
s Part A rate was reduced for the period by the FTB advance rate.
(2)
On 1 July 2011, the individual is taken to have made an effective request for a single family tax benefit advance under section
34
of the Family Assistance Administration Act as inserted.
(3)
The individual
'
s advance assessment day is taken to be 1 July 2011.
(4)
The amount of the family tax benefit advance is the smallest of the following amounts:
(a)
$333.06;
(b)
the maximum amount of advance payable to the individual on the advance assessment day worked out under section
35D
of the Family Assistance Administration Act as inserted;
(c)
the amount determined by the Secretary under subsection
35C(3)
of the Family Assistance Administration Act as inserted.
(5)
Clauses 47 and 49 of Schedule
1
to the Family Assistance Act as inserted do not apply to the advance.
Sch 1 cl 5 formerly read:
5 Family tax benefit advance to individual
(1)
Subject to subclause (2), if family tax benefit advance is paid to an individual, the individual
'
s Part A rate (as reduced (if at all) under clauses 38J and 38K) during the individual
'
s family tax benefit advance period is to be reduced by the FTB advance rate.
History
Sch 1 cl 5(1) amended by No 146 of 2006, s 3 and Sch 8 item 74, by substituting
"
38J and
"
for
"
4A and 4B
"
, effective 1 July 2008.
Sch 1 cl 5(1) amended by No 61 of 2005, s 3 and Sch 4 item 4, by inserting
"
(as reduced (if at all) under clauses 4A and 4B)
"
after
"
Part A rate
"
, applicable in relation to a decision, made after 1 July 2005, to make a determination that includes, or to vary a determination to include, rent assistance when calculating an individual
'
s Part A rate of family tax benefit for a day that occurs before or after 1 July 2005.
Sch 1 cl 5(1) amended by No 45 of 2000, s 3 and Sch 1 item 22, by substituting
"
Subject to subclause (2), if
"
for
"
If
"
. For transitional provisions see note under s 22A.
(2)
If, at any time, the FTB advance rate in respect of an individual would equal or exceed the individual
'
s Part A rate were subclause (1) to be disregarded, then, with effect from that time, subclause (1) ceases to have effect.
History
Sch 1 cl 5(2) inserted by No 45 of 2000, s 3 and Sch 1 item 23. For transitional provisions see note under s 22A.
View history note
Hide history note