A New Tax System (Family Assistance) (Administration) Act 1999

PART 3 - PAYMENT OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 1 - Family tax benefit  

Subdivision B - Determination of claims etc  

SECTION 21   When determination is in force  

21(1)    
Subject to this section, a determination under this Division comes into force when it is made and remains in force at all times afterwards.

21(1A)    

A determination under paragraph 19(a) may be expressed to come into force on a day before it is made (but not earlier than the day the claim concerned is made).

Effect of later determination on certain instalment determinations

21(2)    
If, on a particular day, a determination is in force:

(a) under section 16 , where under the determination the claimant is not entitled to be paid family tax benefit on the particular day or any later day; or

(b) under paragraph 19(a) ;

the determination ceases to be in force on the particular day if either:

(c) another determination is made on the particular day on a claim by the claimant for payment of family tax benefit by instalment; or

(d) another determination is made after the particular day on a claim by the claimant for payment of family tax benefit for a past period, where the particular day occurs within the past period.

Request for cessation of instalment determination

21(3)    
A determination in force under section 16 on a particular day ceases to be in force if:

(a) under the determination, the claimant is entitled to be paid family tax benefit on the particular day or any later day; and

(b) on the particular day, the claimant is not receiving a social security pension, social security benefit, service pension, income support supplement or veteran payment; and

(c) on the particular day, the claimant advises the Secretary, in the form and manner required by the Secretary, that the claimant wishes the determination:

(i) to cease to be in force from the particular day or from a specified later day; or

(ii) to have ceased to be in force at the end of the most recent instalment period before the particular day.

The determination ceases to be in force in accordance with the advice.