Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 (113 of 2007)

Schedule 1   Amendments relating to child care benefit rate and child care tax rebate

Part 1   Amendments

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

13   After section 71C

Insert:

71CAA Debts arising in respect of child care tax rebate where no entitlement or rebate paid to wrong account

(1) If:

(a) an amount has been paid to a person by way of child care tax rebate for an income year; and

(b) the person was not entitled to the rebate for that year;

the amount so paid is a debt due to the Commonwealth by the person.

(2) If:

(a) a payment representing child care tax rebate for an income year is made to a financial institution for the credit of an account kept with the institution (the incorrect account ); and

(b) the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of someone who was not the person or one of the persons in whose name the incorrect account was kept;

an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, as the case requires, in whose name the incorrect account was kept.

71CAB Debts arising in respect of child care tax rebate where overpayment

If:

(a) an amount (the received amount ) has been paid to a person by way of child care tax rebate for an income year; and

(b) the received amount is greater than the amount (the correct amount ) of rebate that should have been paid to the person under the family assistance law for the year;

the difference between the received amount and the correct amount is a debt due to the Commonwealth by the person.