A New Tax System (Family Assistance) Act 1999
View history note
Hide history notePt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:
PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE
Div 4 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
Div 4 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10.
Subdiv A repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
(Repealed by No 22 of 2017)
S 42 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 42 formerly read:
S 42(1) amended by No 158 of 2015, s 3 and Sch 1 item 6, by substituting
"
under 20
"
for
"
under 7 and born on or after 1 January 1996
"
in para (c), effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 42(1) amended by No 146 of 2006, s 3 and Sch 8 items 44 and 45,by inserting
"
, or a regular care child,
"
after
"
FTB child
"
in para (a) and substituting
"
child
"
for
"
FTB child
"
in para (c), effective 1 July 2008. S 42(1)(b)(ia) inserted by No 18 of 2001, s 3 and Sch 2 item 10, effective 30 March 2001. S 42(1) amended by No 94 of 2000, s 3 Sch 8 item 3, by substituting
"
satisfies subsection (1A); or
"
for
"
meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the
Social Security Act 1991
and is in Australia; or
"
in para (b)(ii), effective 20 September 2000. S 42(1AA) inserted by No 158 of 2015, s 3 and Sch 1 item 7, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 42(1A) substituted by No 98 of 2012, s 3 and Sch 2 item 4, effective 1 January 2013. S 42(1A) formerly read:
S 42(1A) amended by No 122 of 2003, s 3 and Sch 6 item 3, by substititung
"
13
"
for
"
26
"
in para (b)(i), effective 1 July 2004. For application provision, see note under s 21(1A). S 42(1A) inserted by No 94 of 2000, s 3 Sch 8 item 4, effective 20 September 2000. S 42(2) amended by No 98 of 2012, s 3 and Sch 7 items 3 to 5, by substituting
"
an individual
"
for
"
a child
"
,
"
another individual
"
for
"
an individual
"
, and
"
the other individual
"
for
"
the individual
"
, applicable in relation to determinations made by the Secretary on or after 30 June 2012. S 42(2) substituted by No 146 of 2006, s 3 and Sch 8 item 46, effective 1 July 2008. S 42(2) formerly read:
SECTION 42 When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service
42(1)
An individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service to a child if:
(a)
the child is an FTB child, or a regular care child, of the individual, or the individual's partner; and
(b)
the individual, or the individual's partner:
(i)
is an Australian resident; or
(ia)
is a special category visa holder residing in Australia; or
(ii)
satisfies subsection (1A); or
(iii)
is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and
(c)
where the child is under 20, either:
(i)
the child meets the immunisation requirements set out in section 6; or
(ii)
a pre-notice period is operating in respect of the individual and the child (see subsection (3)); or
(iii)
a 63 day notice period is operating in respect of the individual and the child (see section 57E of the Family Assistance Administration Act).
42(1AA)
Subparagraphs (1)(c)(ii) and (iii) do not apply in relation to an individual in connection with the Secretary determining a claim by the individual for payment of child care benefit by fee reduction for care provided by an approved child care service.
When individual satisfies this subsection
42(1A)
An individual satisfies this subsection if:
(a)
the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the
Social Security Act 1991
; and
(b)
either:
(i)
the individual is in Australia; or
(ii)
the individual is temporarily absent from Australia for a period not exceeding 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
When individual satisfies this subsection
42(1A)
An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the
Social Security Act 1991
, and either of the following applies:
(a)
the individual is in Australia; or
(b)
the individual:
(i)
is temporarily absent from Australia for a period not exceeding 13 weeks; and
(ii)
the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
Secretary may determine that individual is a regular care child
42(2)
The Secretary may determine that an individual who is neither an FTB child, nor a regular care child, of another individual at a particular time is taken to be a regular care child of the other individual at that time for the purposes of paragraph (1)(a).
Secretary may determine that child is an FTB child
42(2)
The Secretary may determine that a child who is not an FTB child of an individual at a particular time is taken to be an FTB child of the individual at that time for the purposes of paragraph (1)(a).
42(3)
In subparagraph (1)(c)(ii), the reference to a
pre-notice period
is a reference to the period of time that ends on the day before a 63 day notice period begins to operate in respect of the individual and the child.
Section subject to Subdivision F
42(4)
This section is subject to Subdivision F (which deals with limits on eligibility).
S 42 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10. For former wording of s 42 see history note under Div 4 heading.
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