Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 2   Clean energy payments under the family assistance law

Part 2   Clean energy supplement for individuals

A New Tax System (Family Assistance) Act 1999

28   After Division 2A of Part 5 of Schedule 1

Insert:

Division 2AA - Clean energy supplement (Part A)

Subdivision A - Clean energy supplement (Part A - Method 1)

38AA Clean energy supplement (Part A - Method 1)

(1) The amount of the clean energy supplement (Part A) to be added in working out an individual's maximum rate under clause 3 is worked out using the following table. Work out which category applies to each FTB child of the individual. Subject to clauses 38AB to 38AE, the FTB clean energy child amount is worked out under subclause (2). The clean energy supplement (Part A) is the sum of the FTB clean energy child amounts.

(2) For the purposes of subclause (1), the FTB clean energy child amount , in relation to an item in the table in subclause (1), is worked out as follows:

Method statement

Step 1. Work out the amount applicable on 1 July 2013 under the corresponding item of the table in clause 7.

Step 2. Work out the FTB gross supplement amount on 1 July 2013 under subclause 38A(3).

Step 3. Work out the sum of the amounts at steps 1 and 2.

Step 4. Multiply the amount at step 3 by 0.017.

Step 5. Round the amount at step 4 to the nearest multiple of $3.65 (rounding up if necessary): the result is the FTB clean energy child amount .

(3) This clause does not apply in relation to a day if an election made by the individual under subsection 58A(1) is in force on that day.

Note: If that election is in force on one or more days in a quarter, then after the end of the quarter the Secretary must review the instalment determination taking into account this Subdivision: see section 105B of the Family Assistance Administration Act.

38AB Base FTB clean energy child amount

For the purposes of this Division, the base FTB clean energy child amount for an FTB child of an individual is the amount that would be the FTB clean energy child amount under subclause 38AF(2) if the individual's clean energy supplement (Part A) were being worked out under Subdivision B and clause 38AG did not apply.

38AC FTB clean energy child amount - recipient of other periodic payments

The FTB clean energy child amount for an FTB child of an individual is the base FTB clean energy child amount (see clause 38AB) if:

(a) the individual or the individual's partner is receiving a periodic payment under a law of the Commonwealth and the law provides for an increase in the rate of payment by reference to an FTB child of the individual; or

(b) the individual or the individual's partner is receiving a periodic payment under a scheme administered by the Commonwealth and the scheme provides for an increase in the rate of payment by reference to an FTB child of the individual.

38AD Effect of maintenance rights

The FTB clean energy child amount for an FTB child of an individual is the base FTB clean energy child amount (see clause 38AB) if:

(a) the individual or the individual's partner is entitled to claim or apply for maintenance for the child; and

(b) the Secretary considers that it is reasonable for the individual or partner to take action to obtain maintenance; and

(c) the individual or partner does not take action that the Secretary considers reasonable to obtain maintenance.

38AE Sharing family tax benefit (shared care percentages)

If an individual has a shared care percentage for an FTB child of the individual, the FTB clean energy child amount for the child, in working out the individual's clean energy supplement (Part A), is the individual's shared care percentage of the FTB clean energy child amount that would otherwise apply to the child.

Subdivision B - Clean energy supplement (Part A - Method 2)

38AF Clean energy supplement (Part A - Method 2)

(1) The amount of the clean energy supplement (Part A) to be added in working out an individual's Method 2 base rate under clause 25 is worked out using the following table. Work out which category applies to each FTB child of the individual. Subject to clause 38AG, the FTB clean energy child amount is the amount worked out under subclause (2). The clean energy supplement (Part A) is the sum of the FTB clean energy child amounts.

(2) For the purposes of subclause (1), the FTB clean energy child amount , in relation to an item in the table in subclause (1), is worked out as follows:

Method statement

Step 1. Work out the amount applicable on 1 July 2013 under:

(a) for item 1 of that table - paragraph 26(2)(a); or

(b) for item 2 of that table - paragraph 26(2)(b).

Step 2. Work out the FTB gross supplement amount on 1 July 2013 under subclause 38A(3).

Step 3. Work out the sum of the amounts at steps 1 and 2.

Step 4. Multiply the amount at step 3 by 0.017.

Step 5. Round the amount at step 4 to the nearest multiple of $3.65 (rounding up if necessary): the result is the FTB clean energy child amount .

(3) This clause does not apply in relation to a day if an election made by the individual under subsection 58A(1) is in force on that day.

Note: If that election is in force on one or more days in a quarter, then after the end of the quarter the Secretary must review the instalment determination taking into account this Subdivision: see section 105B of the Family Assistance Administration Act.

38AG Sharing family tax benefit (shared care percentages)

If an individual has a shared care percentage for an FTB child of the individual, the FTB clean energy child amount for the child, in working out the individual's clean energy supplement (Part A), is the individual's shared care percentage of the FTB clean energy child amount that would otherwise apply to the child.