Family Assistance Legislation Amendment (More Help for Families - Increased Payments) Act 2004 (59 of 2004)

Schedule 2   Amendments relating to maternity payment and maternity immunisation allowance

Part 1   Maternity payment amendments commencing on 1 July 2004

Division 1   Main amendments

A New Tax System (Family Assistance) Act 1999

1   Division 2 of Part 3

Repeal the Division, substitute:

Division 2 - Eligibility for maternity payment

Subdivision A - Eligibility of individuals for maternity payment in normal circumstances

36 When an individual is eligible for maternity payment in normal circumstances

(1) An individual is eligible for maternity payment in respect of a child in any of the 4 cases set out in this section.

Parent of child

(2) First, an individual is eligible for maternity payment in respect of a child if:

(a) the individual is a parent of the child; and

(b) the individual either:

(i) is eligible for family tax benefit in respect of the child at any time within the period of 13 weeks starting on the day of the child's birth; or

(ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Child entrusted to care of individual

(3) Second, an individual is eligible for maternity payment in respect of a child if:

(a) the individual is not a parent of the child; and

(b) the child is entrusted to the care of the individual or the individual's partner within the period of 13 weeks starting on the day of the child's birth; and

(c) the child continues, or is likely to continue, in that care for not less than 13 weeks; and

(d) the individual either:

(i) is eligible for family tax benefit in respect of the child at any time within the period of 13 weeks starting on the day of the child's birth; or

(ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Stillborn child

(4) Third, an individual is eligible for maternity payment in respect of a child if:

(a) the child is a stillborn child; and

(b) either:

(i) the individual would have been eligible for family tax benefit in respect of the child, at any time within the period of 13 weeks starting on the day of the child's delivery, assuming the child had not been a stillborn child; or

(ii) the individual would have been so eligible on the assumption described in subparagraph (i) except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

Adoption

(5) Fourth, an individual is eligible for maternity payment in respect of a child if:

(a) as part of the process for the adoption of the child by the individual, the child is entrusted to the care of the individual by an authorised party; and

(b) the child is not more than 26 weeks of age at the time the child is entrusted to the care of the individual; and

(c) the individual either:

(i) is eligible for family tax benefit in respect of the child at any time within the period of 13 weeks starting on the day the child is entrusted to the care of the individual; or

(ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil.

37 Generally only one individual eligible for maternity payment in respect of a child

(1) Only one individual is eligible for maternity payment in respect of a child.

(2) If 2 or more individuals would otherwise be eligible for maternity payment in respect of the same child, the individual who is eligible is the one determined by the Secretary to be eligible.

(3) However, if the Secretary is satisfied that it is reasonable that 2 or more of the individuals should be eligible for maternity payment:

(a) each individual who is determined by the Secretary to be eligible is eligible; and

(b) the Secretary must determine the percentage that is to be each eligible individual's percentage of maternity payment in respect of the child.

(4) If the Secretary determines that an individual who is a member of a couple is eligible for maternity payment in respect of a child, the Secretary must not determine that the partner of the individual is eligible for maternity payment in respect of that child.

Subdivision B - Eligibility of individuals for maternity payment where death occurs

38 What happens if an individual eligible for maternity payment dies

If:

(a) an individual is eligible for maternity payment (the subject payment ) in respect of a child; and

(b) the individual dies; and

(c) before the individual died, either:

(i) none of the subject payment had been paid to the individual (whether or not a claim had been made under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999); or

(ii) one or more amounts of the subject payment totalling less than the whole of the subject payment had been paid to the individual under subsection 47(2) of that Act; and

(d) another individual makes a claim under that Part for payment of maternity payment because of the death of the first-mentioned individual, stating that he or she wishes to become eligible for the subject payment; and

(e) the claim is made:

(i) within 26 weeks after the death; or

(ii) within a further period allowed by the Secretary in special circumstances; and

(f) the Secretary considers that the other individual ought to be eligible for the subject payment;

the other individual is eligible for the subject payment to the extent to which it was not paid to the first-mentioned individual. No-one else is, or can become, eligible for or entitled to be paid that payment.