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) (Administration) Act 1999

23   Section 47

Repeal the section, substitute:

47 Payment of maternity payment or maternity immunisation allowance

(1) If the claimant is entitled to be paid maternity payment or maternity immunisation allowance, the Secretary must pay it to the claimant, at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.

Payment of maternity payment by instalment

(2) However, if:

(a) the claimant is entitled to be paid maternity payment in respect of a child; and

(b) at a time before the claimant is paid any of the payment, the Secretary is satisfied that it is appropriate to do so;

the Secretary must, after each of the first 6 instalment periods ending after that time, pay to the claimant 1/6 of the amount of maternity payment that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.

(3) In subsection (2):

instalment period means, subject to subsection (4):

(a) the period of 14 days beginning on such day as the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and

(b) each successive period of 14 days.

(4) The Secretary may change the day on which successive instalment periods are to begin in relation to a claimant or class of claimants. If the Secretary does so, the last instalment period before the first day on which the new instalment periods are to begin is shortened so that it ends immediately before that day.

Alternative payment arrangements

(5) The Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of this section is to be paid in a different way from that provided for by subsection (1) or (2). If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite those subsections).

(6) If the Secretary is satisfied that an amount that would, apart from this subsection, be paid under subsection (2) on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.

Rounding of payments

(7) If an amount to be paid under this section is not a whole number of cents, it must be rounded to the nearest cent (rounding 0.5 cents upwards).

Relationship of this section with other provisions

(8) This section is subject to Part 4, Division 3 of Part 8B and sections 225 and 226.