A New Tax System (Family Assistance) Act 1999

PART 2 - INTERPRETATION  

Division 3 - Various interpretative provisions  

SECTION 19   Maintenance income  

19(1)    
For the purposes of the definition of capitalised maintenance income in section 3 , an amount is a periodic amount if it is:

(a) the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or

(b) the amount of a payment making up for arrears in such a series.

19(2)    
For the purposes of the definitions of maintenance income and disability expenses maintenance in section 3 :

(a) a payment received under subsection 76(1) of the Child Support (Registration and Collection) Act 1988 in relation to a registered maintenance liability (within the meaning of that Act) is taken to be received from the individual who is the payer (within the meaning of that Act) in relation to the liability; and

(b) a reference to a benefit received by an individual includes a reference to a benefit received by the individual because of a payment made to, or a benefit conferred on, another individual (including a payment made or benefit conferred under a liability owed to the other individual); and

(c) a reference to a payment or benefit received from an individual includes a reference to a payment or benefit received:

(i) directly or indirectly from the individual; and

(ii) out of any assets of, under the control of, or held for the benefit of, the individual; and

(iii) from the individual under or as a result of a court order, a court registered or approved maintenance agreement, a financial agreement (within the meaning of the Family Law Act 1975 ), a Part VIIIAB financial agreement (within the meaning of that Act) or otherwise.

19(3)    
A payment or benefit is disability expenses maintenance of an individual if:

(a) the payment or benefit is provided for expenses arising directly from:

(i) a physical, intellectual or psychiatric disability; or

(ii) a learning difficulty;

of an FTB child of the individual; and

(b) the disability or difficulty is likely to be permanent or to last for an extended period; and

(c) the payment or benefit is received:

(i) by the individual for the maintenance of the FTB child; or

(ii) by the FTB child for the child's own maintenance; and

(d) the payment or benefit is received from:

(i) a parent or relationship parent of the child; or

(ii) the former partner of a parent or relationship parent of the child.