PART 3
-
PAYMENT OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)
History
Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 86, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading. The heading formerly read:
PART 3
-
PAYMENT OF FAMILY ASSISTANCE
Division 1
-
Family tax benefit
Subdivision C
-
Variation of determinations
SECTION 30A
Variation of instalment entitlement determination where failure to notify claimant's departure from Australia
30A(1)
This section applies if:
(a)
a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment; and
(b)
the claimant leaves Australia without having notified the Secretary that the claimant proposed to leave or is leaving; and
(c)
less than 6 weeks have passed since the claimant left Australia.
History
S 30A(1) amended by No 17 of 2016, s 3 and Sch 1 item 27, by substituting
"
6 weeks
"
for
"
56 weeks
"
in para (c), effective 1 July 2016. For application and saving provision, see note under s
31(1C)
.
S 30A(1) amended by No 14 of 2014, s 3 and Sch 10 item 6, by substituting
"
56 weeks
"
for
"
3 years
"
in para (c), applicable in relation to an individual's eligibility for family tax benefit on and from 1 July 2014. For this purpose, it does not matter whether an absence from Australia began before, on or after 1 July 2014.
30A(2)
The Secretary may vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day on which the determination was or will be in force after the end of the last instalment period before the variation takes place.
30A(3)
If the Secretary varies the determination under subsection (2), and later obtains information relating to the question whether the claimant is entitled to be paid family tax benefit for a day described in that subsection, the Secretary must vary the determination to undo the effect mentioned in that subsection.
History
S 30A inserted by No 122 of 2003, s 3 and Sch 4 item 3, applicable in relation to departures from Australia before, on or after 1 July 2004 by persons who are absent from Australia on or after that commencement as a result of those departures.