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 CA
-
Non-payment of family tax benefit for non-lodgment of tax returns
History
Subdiv CA inserted by No 49 of 2009, s 3 and Sch 2 item 3, effective 1 July 2009. No 49 of 2009, s 3 and Sch 2 item 7 contains the following application provision:
Application
-
amendment commencing on 1 July 2009
(1)
The amendment made by item 3 applies in relation to a variation made under subsection
28(2)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
before, on or after 1 July 2009 (regardless of whether the determination being varied was made before, on or after 1 July 2009).
(2)
However, subitem (1) does not apply in relation to a variation made before 1 July 2009 if each person mentioned in subparagraph
28(1)(b)(iii)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
and required to lodge an income tax return for the cancellation income year concerned had lodged the return before 1 July 2009.
(3)
In relation to a variation made before 1 July 2009 to which subitem (1) applies, the period referred to in paragraph (a) of the definition of
grace period
in subsection
32AB(8)
or
32AC(10)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
is taken to begin on 1 July 2009 (instead of the day the variation is made).
SECTION 32AD
32AD
Prohibited periods for new partner
If:
(a)
on or after the day the variation mentioned in section
32AA
is made, the claimant becomes a member of a couple and the claimant
'
s partner (the
new partner
) is not the relevant partner; and
(b)
the claimant was required to lodge an income tax return for the cancellation income year concerned but has not done so when the claimant becomes a member of that couple;
then, during a prohibited period for the claimant and while the claimant and the new partner are members of the same couple, the Secretary must not make a payment of family tax benefit (worked out on an estimated income basis) to the new partner.
History
S 32AD amended by No 49 of 2012, s 3 and Sch 3 item 6, by substituting
"
an estimated income basis
"
for
"
the basis referred to in subsection 20(1), (2A) or (3)
"
, effective 1 July 2012.
S 32AD inserted by No 49 of 2009, s 3 and Sch 2 item 3, effective 1 July 2009. For application provision, see note under Subdiv
CA
heading.