A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Part 5 - Common provisions  

Division 4 - Reduction for family tax benefit advance  

49   Suspension of repayment period  

Request for suspension of repayment period

(1)    
The Secretary may determine that the repayment period for a family tax benefit advance paid to an individual is to be suspended while the determination is in force.

(2)    
However, the Secretary may only make a determination under subclause (1) if:

(a) the individual has made a request in accordance with subclause (3) for the repayment period to be suspended; and

(b) the Secretary is satisfied that:

(i) special circumstances relevant to the repayment of the advance exist in relation to the individual that could not reasonably have been foreseen at the time of the individual ' s request for a family tax benefit advance; and

(ii) the individual would suffer severe financial hardship if the individual ' s Part A rate were to be reduced for that period.

(3)    
The request must be made in a form and manner, contain any information, and be accompanied by any documents, required by the Secretary.

Secretary may revoke the suspension

(4)    
The Secretary may in writing, at any time, revoke the determination, but only if the Secretary is satisfied that the individual would not suffer severe financial hardship from the individual ' s Part A rate being reduced under clause 5 or 25A as a result of the revocation.

Determination of repayment period on revocation of suspension

(5)    
If the Secretary revokes the determination, the Secretary must determine the number of days remaining in the repayment period so that the amount by which the individual ' s Part A rate is to be reduced under clause 5 or 25A is an amount that is no more than the standard reduction.

Note:

The individual may also request that the Secretary determine a shorter or longer repayment period under clause 46 or 47 .