A New Tax System (Family Assistance) (Administration) Act 1999

PART 5 - REVIEW OF DECISIONS  

Note:

This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).

Division 2 - Review by ART  

SECTION 137A   ART review of entitlement to be paid CCS or ACCS - taking account of changes of circumstances etc.  
Favourable changes affecting individuals

137A(1)    

A decision on ART review of a child care decision in relation to section 67CD as to an individual ' s entitlement to be paid CCS or ACCS for a week must not take into account information if:

(a)    apart from this section, the information would have the effect that the amount of CCS or ACCS the individual is entitled to be paid for the week is increased (including from nil); and

(b)    either:

(i) the individual was required to notify the Secretary of the information by subsection 67FB(1) ; or

(ii) the Secretary required the individual to give the information or produce a document containing the information under Part 6 and the individual did not give the information or produce the document within the required period; and

(c)    

the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:

(i) the individual notified or gave the information or produced the document;

(ii) the Secretary otherwise became aware of the information;

(iii) the ART otherwise became aware of the information.

137A(2)    
Despite subsection (1) , the decision on review may take the information into account if the Secretary is satisfied that the individual notified or gave the information, or produced the document, as soon as practicable.

137A(3)    
Subsection (1) does not apply if the information is the adjusted taxable income of the individual.

Favourable changes affecting providers

137A(4)    

A decision on ART review of a child care decision in relation to section 67CH as to a provider ' s entitlement to be paid ACCS (child wellbeing) for a week must not take into account information if:

(a)    apart from this section, the information would have the effect that the amount of ACCS (child wellbeing) the provider is entitled to be paid for the week is increased (including from nil); and

(b)    either:

(i) the provider was required to notify the Secretary of the information by section 204F ; or

(ii) the Secretary required the provider to give the information or produce a document containing the information under Part 6 and the provider did not give the information or produce the document within the required period; and

(c)    

the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:

(i) the provider notified or gave the information or produced the document;

(ii) the Secretary otherwise became aware of the information;

(iii) the ART otherwise became aware of the information.

137A(5)    
Despite subsection (4) , the decision on review may take the information into account if the Secretary is satisfied that the provider notified or gave the information, or produced the document, as soon as practicable.