A New Tax System (Family Assistance) Act 1999
This section applies for the purposes of section 110 and paragraph 113(a) .
116(2)
Subject to subsection (5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil.
116(3)
Subject to subsection (5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and
(c) the determination is made as a result of a claim made in:
(i) the income year in which that day occurs; or
(ii) either of the next 2 income years.
116(4)
Subject to subsection (5) of this section, this subsection applies to an individual on a day if:
(a) in relation to that day, a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; and
(b) the rate of family tax benefit payable under the determination in relation to that day consists of or includes a Part A or Part B rate greater than nil; and
(c) the determination is made as a result of a claim made in:
(i) the income year in which that day occurs; or
(ii) a later income year.
Residence requirement
116(5)
Subsection (2), (3) or (4) does not apply to an individual on a day if the individual does not reside in Australia on that day.
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