Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 (122 of 2003)
Schedule 4 Stopping payment for people absent from Australia without notice
A New Tax System (Family Assistance) (Administration) Act 1999
3 After section 30
Insert:
30A Variation of instalment entitlement determination where failure to notify claimant's departure from Australia
(1) This section applies if:
(a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment; and
(b) the claimant leaves Australia without having notified the Secretary that the claimant proposed to leave or is leaving; and
(c) less than 3 years have passed since the claimant left Australia.
(2) The Secretary may vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day on which the determination was or will be in force after the end of the last instalment period before the variation takes place.
(3) If the Secretary varies the determination under subsection (2), and later obtains information relating to the question whether the claimant is entitled to be paid family tax benefit for a day described in that subsection, the Secretary must vary the determination to undo the effect mentioned in that subsection.
30B Variation of instalment entitlement determination where failure to notify FTB child's departure from Australia
(1) This section applies if:
(a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment; and
(b) an FTB child of the claimant leaves Australia without the claimant having notified the Secretary that the FTB child will leave or is leaving; and
(c) less than 3 years have passed since the FTB child left Australia.
(2) The Secretary may vary the determination so that, for any day on which the determination was or will be in force after the end of the last instalment period before the variation takes place, the determination:
(a) has the effect that the claimant is not entitled to be paid family tax benefit, if the conditions in paragraphs (1)(b) and (c) are met in relation to each FTB child of the claimant; or
(b) has the effect that the daily rate of family tax benefit for which the claimant is entitled under the determination does not take into account the FTB child, if the conditions in paragraphs (1)(b) and (c) are not met in relation to each FTB child of the claimant.
(3) If the Secretary:
(a) varies the determination under subsection (2); and
(b) later obtains information relating to the question whether the claimant is entitled to be paid family tax benefit for the FTB child for a day described in that subsection or the question what is the claimant's daily rate of family tax benefit for the day;
the Secretary must vary the determination to undo the effect mentioned in that subsection relating to the day.