Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 (65 of 2010)

Schedule 2   Percentage of care

Part 2   Application and transitional provisions

Divison 3   Amendments of the family assistance law

109   Transitional - pending family tax benefit claims

(1) This item applies if:

(a) a claim under Part 3 of the Family Assistance Administration Act for payment of family tax benefit was made before the commencement day; and

(b) the claim is not a claim for payment of family tax benefit for a past period; and

(c) the claim has not been determined before the commencement day.

(2) Despite the amendments made by this Schedule to the Family Assistance Act and the Family Assistance Administration Act, those Acts, as in force immediately before the commencement day, continue to apply in relation to the claim as if those amendments had not been made.

(3) If the Secretary makes a determination under subsection 22(6A) of the Family Assistance Act, as it continues to apply under subitem (2) in relation to the claim, the Secretary is taken, for the purposes of item 107 of this Schedule, to have made the determination before the commencement day.