A New Tax System (Family Assistance) Act 1999

Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE

S 21(1) amended by No 100 of 2023, s 3 and Sch 2 item 1, by inserting " or (1B) " in para (b)(ii), applicable in relation to a claim made on or after 28 November 2023, whether the individual starts to satisfy subsection 21(1B) before, on or after 28 November 2023.

S 21(1) amended by No 17 of 2016, s 3 and Sch 1 item 2, by omitting " is not an absent overseas recipient and " before " has at least one " from para (a)(ii), effective 1 July 2016. For application and saving provision, see note under s 24(10) .

S 21(1) amended by No 141 of 2011, s 3 and Sch 2 item 43, by inserting " and disregarding section 58A and subclauses 31B(3), 38AA(3) and 38AF(3) of Schedule 1 " in para (c), effective 14 May 2012.

S 21(1) amended by No 53 of 2011, s 3 and Sch 1 item 5, by inserting " but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 " after " Part 4 " in para (c), applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5 .

S 21(1) amended by No 146 of 2006, s 3 and Sch 8 item 13, by substituting para (a), effective 1 July 2008. Para (a) formerly read:

(a) the individual has at least 1 FTB child (see section 22 and later provisions); and

S 21(1)(b)(ia) inserted by No 18 of 2001, s 3 and Sch 2 item 4, effective 30 March 2001.

S 21(1) amended by No 94 of 2000, s 3 Sch 8 item 1, by substituting " satisfies subsection (1A); and " for " meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; and " in para (b)(ii), effective 20 September 2000.

S 21(1)(b) substituted by No 45 of 2000, s 3 and Sch 1 item 1. For transitional provisions see note under s 22A. S 21(1)(b) formerly read:

(b) the individual is an Australian resident; and

S 21(1A) amended by No 98 of 2012, s 3 and Sch 2 item 1, by substituting " 6 weeks " for " 13 weeks " in para (b)(ii), effective 1 January 2013.

S 21(1A) substituted by No 49 of 2012, s 3 and Sch 6 item 1, effective 26 May 2012. S 21(1A) formerly read:

21(1A)
An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2) (f)(v) of the Social Security Act 1991 , and either of the following applies:

(a) the individual is in Australia; or

(b) the individual:

(i) is temporarily absent from Australia for a period not exceeding 13 weeks; and

(ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

S 21(1A) amended by No 122 of 2003, s 3 and Sch 6 item 1, by substituting " 13 " for " 26 " in para (b)(i), effective 1 July 2004. Act No 122 of 2003, s 3 and Sch 6 contains the following application provision:

S 21(1A) inserted by No 94 of 2000, s 3 Sch 8 item 2, effective 20 September 2000.

S 21(1B) inserted by No 100 of 2023, s 3 and Sch 2 item 3, applicable in relation to a claim made on or after 28 November 2023, whether the individual starts to satisfy subsection 21(1B) before, on or after 28 November 2023.

S 21(1C) inserted by No 100 of 2023, s 3 and Sch 2 item 3, applicable in relation to a claim made on or after 28 November 2023, whether the individual starts to satisfy subsection 21(1B) before, on or after 28 November 2023.

S 21(1D) inserted by No 100 of 2023, s 3 and Sch 2 item 3, applicable in relation to a claim made on or after 28 November 2023, whether the individual starts to satisfy subsection 21(1B) before, on or after 28 November 2023.

S 21(1E) inserted by No 100 of 2023, s 3 and Sch 2 item 3, applicable in relation to a claim made on or after 28 November 2023, whether the individual starts to satisfy subsection 21(1B) before, on or after 28 November 2023.