A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Part 5 - Common provisions  

Division 2B - Rent assistance  

Subdivision B - Offsetting for duplicate rent assistance  

38K   Offsetting for duplicate rent assistance under family assistance and veterans ' entitlements law  

When this clause applies

(1)    
This clause applies if:

(a) a decision (the veterans ' entitlements decision ) was made that rent assistance was to be included when calculating an individual ' s, or an individual ' s eligible partner ' s, rate of service pension, income support supplement or veteran payment for a day; and

(b) when the veterans ' entitlements decision was made, no decision (the family assistance decision ) to make a determination that includes, or to vary a determination to include, rent assistance when calculating the individual ' s Part A rate of family tax benefit for that day had been made; and

(c) after the veterans ' entitlements decision was made, the family assistance decision was made; and

(d) the day mentioned in paragraphs (a) and (b) comes before the day on which the family assistance decision was made.

Note:

For the definition of eligible partner see subclause ( 5 ).

Part A rate to be reduced

(2)    
The individual ' s Part A rate for that day (as calculated or recalculated because of the making of the family assistance decision and as reduced (if at all) under clause 38J ) is to be reduced:

(a) first, by the individual ' s annual veterans ' entitlements RA amount for that day (see subclause ( 3 )); and

(b) then, by the individual ' s eligible partner ' s annual veterans ' entitlements RA amount for that day (see subclause ( 4 )).

However, it is not to be reduced to less than:

(c) if it has been calculated for the first time under clause 3 or 28A because of the making of the family assistance decision - nil; and

(d) if it has been recalculated under clause 3 or 28A because of the making of the family assistance decision - the Part A rate as it was immediately before the recalculation.

(3)    

The individual ' s annual veterans ' entitlements RA amount for that day is the amount worked out as follows: Method statement

(4)    

The individual ' s eligible partner ' s annual veterans ' entitlements RA amount for that day is the amount worked out as follows: Method statement

(5)    
For the purposes of this clause, an individual is the eligible partner of another individual if both individuals are members of a couple (other than an illness separated couple or a respite care couple).