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

PART 3 - PAYMENT OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 1 - Family tax benefit  

Subdivision C - Variation of determinations  

SECTION 31E   Continuous adjustment of daily rate of family tax benefit  

31E(1)    
This section applies if:

(a) a determination is in force in an income year under which a claimant is entitled to be paid family tax benefit by instalment; and

(b) one of the following applies:

(i) a variation of the determination under subsection 31A(1) has effect on a day in the income year that is after 1 July;

(ii) a variation of the determination under subsection 31B(1) has effect on a day in the income year that is after 1 July;

(iii) a variation of the determination under subsection 31C(1) has effect on a day in the income year that is after 1 July;

(iv) a variation of the determination under subsection 31D(1) has effect on a day in the income year that is after 1 July;

(v) on a day in the income year, the claimant provides the Secretary with a revised estimate of the claimant ' s adjusted taxable income for the income year that does not result in a variation of the determination under subsection 31A(1) ;

(vi) on a day in the income year that is after 1 July, the Secretary makes a revised estimate of the claimant ' s maintenance income that does not result in a variation of the determination under subsection 31B(1) ;

(vii) the determination ceases to be in force in the income year and another determination comes into force in that income year under which the claimant is entitled to be paid family tax benefit by instalment or family tax benefit for a past period that falls wholly within that income year.

31E(2)    

The Secretary must apply the following method statement to work out if there is a daily overpayment rate: Method statement

31E(3)    

If there is a daily overpayment rate, the Secretary must vary the applicable determination so that the claimant ' s daily rate of family tax benefit for the period beginning on the applicable day and ending at the end of the last day in the income year is reduced (but not below nil) by that daily overpayment rate.

31E(3A)    

For the purposes of subsection (3), the applicable determination is:

(a) if subparagraph (1)(b)(i), (ii), (iii), (iv), (v) or (vi) applies - the determination referred to in paragraph (1)(a); or

(b) if subparagraph (1)(b)(vii) applies - the other determination referred to in that subparagraph.

31E(4)    
This section may have more than one application in relation to the claimant during the income year.

31E(5)    

In this section:

"applicable day"
means:

(a) if subparagraph (1)(b)(i), (ii), (iii) or (iv) applies - the day on which the variation concerned has effect; and

(b) if subparagraph (1)(b)(v) or (vi) applies - the first day of the instalment period in which the Secretary applies the method statement because of that subparagraph applying; and

(c) if subparagraph (1)(b)(vii) applies - the first day in the income year for which the claimant ' s entitlement to be paid family tax benefit arose under the other determination referred to in that subparagraph.