Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (154 of 2012)

Schedule 5   Schoolkids bonus

A New Tax System (Family Assistance) Act 1999

59   Section 65E

Repeal the section, substitute:

65E Amount of schoolkids bonus - individuals eligible under subsection 35UE(1), (2) or (3)

(1) If an individual is eligible under subsection 35UE(1), (2) or (3) for schoolkids bonus on a bonus test day, the amount of schoolkids bonus for the individual for the bonus test day is:

(a) if the individual was aged under 16 on the bonus test day:

(i) the primary school amount; or

(ii) if subsection (2) or (3) applies to the individual for the bonus test day - the secondary school amount; and

(b) if the individual was aged 16 or over on the bonus test day - the secondary school amount.

(2) This subsection applies to an individual for the bonus test day if:

(a) an amount was applicable under this section in relation to the most recent bonus test day for the individual; and

(b) the amount was the secondary school amount.

(3) This subsection applies to an individual for the bonus test day if, at any time before the end of the period of 13 weeks beginning on the bonus test day, the Secretary is notified, or otherwise becomes aware, that:

(a) if the individual is eligible under subsection 35UE(1) for schoolkids bonus on the bonus test day - the individual:

(i) undertook full-time study in respect of a secondary course (within the meaning of subsection 543A(2AB) of the Social Security Act 1991) on at least one day during the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect of a secondary course (within the meaning of subsection 543A(2AB) of the Social Security Act 1991) on at least one day during the current education period for the bonus test day; or

(b) if the individual is eligible under subsection 35UE(2) for schoolkids bonus on the bonus test day - the individual:

(i) undertook full-time study in respect of a course of education determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act on at least one day during the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect of a course of education determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act on at least one day during the current education period for the bonus test day; or

(c) if the individual is eligible under subsection 35UE(3) for schoolkids bonus on the bonus test day - the individual:

(i) satisfied the secondary study test within the meaning of section 35UI on at least one day during the previous education period for the bonus test day; or

(ii) satisfied, or will satisfy, the secondary study test within the meaning of section 35UI on at least one day during the current education period for the bonus test day; or

(d) in any case - the individual:

(i) undertook an eligible activity on at least one day during the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at least one day during the current education period for the bonus test day.

Eligible activity

(4) For the purposes of this section, eligible activity means study, education or an activity of a kind prescribed in a legislative instrument made by the Minister for the purposes of this subsection.

65EA Amount of schoolkids bonus - individuals eligible under subsection 35UE(4) or (5)

The amount of schoolkids bonus for an individual who is eligible under subsection 35UE(4) or (5) for schoolkids bonus on a bonus test day is the secondary school amount.

65EB Amount of schoolkids bonus - individuals eligible under section 35UF

(1) Subject to this section, the amount of schoolkids bonus for an individual who is eligible under section 35UF for schoolkids bonus on a bonus test day is the secondary school amount.

(2) The instrument made under section 35UF may make provision for the amount worked out under subsection (1) of this section for that day to be varied in the circumstances specified in the instrument.

(3) If the instrument made under section 35UF provides for the amount worked out under subsection (1) of this section for a bonus test day to be varied, the amount applicable for that day is the amount as varied.