A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Part 5 - Common provisions  

Division 2B - Rent assistance  

Subdivision A - Rent assistance  

38C   Eligibility for rent assistance  

(1)    
An amount by way of rent assistance for a period is to be added in working out an individual ' s maximum rate if:

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

(b)    the individual ' s claim for family tax benefit is not a claim to which subclause ( 2 ) applies; and

(ba)    neither the individual nor the individual ' s partner is receiving payments of incentive allowance under clause 36 of Schedule 1A to the Social Security Act 1991 ; and

(c)    the individual is not an ineligible homeowner; and

(d)    the individual is not an aged care resident; and

(e)    the individual pays, or is liable to pay, rent (other than Government rent); and

(f)    if the individual has at least one FTB child and is not a relevant shared carer - the rent is payable at a rate of more than:

(i) if the individual is not a member of a couple - $5,000.50 per year; or

(ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple - $7,391.25 per year; or

(iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple - $5,000.50 per year; or

(iv) if the individual is a member of a temporarily separated couple - $5,000.50 per year; and

(fa)    if the individual is a relevant shared carer, or has only one or more regular care children (but no FTB children) - the rent is payable at a rate of more than:

(i) if the individual is not a member of a couple - $3,803.30 per year; or

(ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple - $6,186.75 per year; or

(iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple - $3,803.30 per year; or

(iv) if the individual is a member of a temporarily separated couple - $3,803.30 per year; and

(g)    if the individual is outside Australia:

(i) the person was paying rent (other than Government rent) for accommodation in Australia immediately before the individual left Australia; and

(ii) the person continues to pay rent for the same accommodation while outside Australia.

(2)    
This subclause applies to an individual ' s claim for family tax benefit if:

(a)    the claim is for family tax benefit for a past period that occurs in the first or second income year before the one in which the claim is made; and

(b)    when the claim is made the individual:

(i) is eligible for family tax benefit; and

(ii) is not prevented by section 9 of the A New Tax System (Family Assistance) (Administration) Act 1999 from making an effective claim for payment of family tax benefit by instalment; and

(c)    the claim is not accompanied by a claim for family tax benefit by instalment.

(3)    
Paragraph (2)(c) does not apply if, at the time the claim for payment of family tax benefit for a past period is made, subsection 32AE(2) of the Family Assistance Administration Act applies in respect of the individual or subsection 32AE(5) of that Act applies in respect of the individual ' s partner.