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  

51   Recalculation of amount of unrepaid family tax benefit advance  

(1)    
This clause applies if:

(a) an individual is paid a family tax benefit advance (the old advance ); and

(b) the individual ' s Part A rate has been reduced under clause 5 or 25A to repay the old advance; and

(c) the repayment period for the old advance has expired; and

(d) due to a variation in a determination, or a variation or substitution of a decision on review (other than a variation under subsection 28(2) or (6) of the Family Assistance Administration Act), the reduction in the individual ' s Part A rate under clause 5 or 25A has not been sufficient to repay the old advance; and

(e) at the time of the variation of the determination, or the variation or substitution of the decision on review:

(i) the individual is entitled to be paid family tax benefit by instalment; and

(ii) the individual ' s Part A rate is greater than nil (before reduction under clause 5 or 25A ).

Note:

If a variation or review occurs during the repayment period for a family tax benefit advance, the Secretary may be required to make a determination under clause 48 .

(2)    
The Secretary must determine that the individual is to be taken to have been paid a family tax benefit advance (the new advance ) equal to the amount of the old advance left unrepaid on the day on which the Part A rate is recalculated.

(3)    
If an individual is taken to have been paid a new advance under subclause (2), the individual is taken to have repaid the old advance.

(4)    
The Secretary must determine the repayment period for the new advance and the day on which the repayment period is to begin.

(5)    
The Secretary must not make a determination under subclause (4) that would cause the individual to suffer severe financial hardship.

(6)    
The Secretary may vary or revoke a determination made under subclause (2) or (4), if a subsequent variation in the determination, or a variation or substitution of the decision on review, occurs.