Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004 (33 of 2004)
Schedule 1 Extension of time limits relating to family tax benefit and child care benefit
Part 1 Amendment of the A New Tax System (Family Assistance) (Administration) Act 1999
2 Subsection 28(3)
Repeal the subsection, substitute:
Consequence where income tax returns are later lodged
(3) If:
(a) after the Secretary varies the determination under subsection (2), an assessment is made under theIncome Tax Assessment Act 1936 for the cancellation income year for everyone (the taxpayers involved ):
(i) who was required to lodge an income tax return as mentioned in subparagraph (1)(b)(iii); and
(ii) in respect of whom an assessment had not been made before the determination was varied; and
(b) the Secretary is satisfied that the claimant was eligible for an amount (the recalculated amount ) of family tax benefit for the cancellation days;
the Secretary must again vary the determination so that it has the effect that, for the cancellation days, the claimant is entitled to be paid:
(c) if income tax returns for the cancellation year for the taxpayers involved were lodged with the Commissioner of Taxation during the income year that began 2 years after the beginning of the cancellation income year - the recalculated amount; or
(d) in any other case - the lesser of:
(i) the recalculated amount; and
(ii) the amount that the claimant was entitled to be paid before the variation under subsection (2) was made.