A New Tax System (Family Assistance) (Administration) Act 1999
Note:
This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).
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CCH Note:
No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:
Transitional
-
varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008
(1)
If:
(a)
at the commencement of this item, a determination of CCB % under section
50J
of the Family Assistance Administration Act is in force in respect of a claimant who is an individual; and
(b)
the Secretary considers that, if the Secretary were making the determination of CCB % on 7 July 2008, the CCB % determined on 7 July (the
new CCB %
) would be different from the CCB % at commencement (the
current CCB %
);
the Secretary may, in writing, vary the determination of CCB % so that the claimant
'
s CCB % is the new CCB %.
(2)
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.
(3)
A variation under subitem (1) cannot be made after 6 July 2008.
Decisions to vary are reviewable
(4)
For the purposes of Part
5
of the Family Assistance Administration Act, a decision of the Secretary to vary a determination under subitem (1) is taken to be a decision of an officer under the family assistance law.
If, on ART review of a decision, the ART sets the decision aside under section 105 of the ART Act and substitutes for it a decision that a person is entitled to have a payment made under this Act, the ART must: (a) assess the amount of the payment; or (b) ask the Secretary to assess the amount of the payment.
124(2)
Despite subsection (1) , the ART must ask the Secretary to assess, in accordance with any directions or recommendations of the ART, the amount of CCS or ACCS an individual or provider is entitled to be paid, if: (a) on ART review, the ART:
(i) reviews a child care decision in relation to section 67CD , 67CF or 67CH as to an amount of CCS or ACCS that the individual or provider is entitled to be paid; and
(b) on ART review, the ART:
(ii) considers that the individual or provider is entitled to be paid a different amount of CCS or ACCS; or
(i) reviews a child care decision in relation to subsection 67CD(6) , 67CF(3) or 67CH(3) that the individual or provider is not entitled to be paid CCS or ACCS; and
(ii) considers that the individual or provider is entitled to be paid an amount of CCS or ACCS.
124(3)
For the purposes of this Part and the definition of child care decision in subsection 3(1) , the Secretary ' s assessment under subsection (2) forms part of the AAT ' s decision on the review.
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