A New Tax System (Family Assistance) (Administration) Act 1999

Pt 5 amended by No 55 of 2016, s 3 and Sch 13 item 4, by inserting the note, applicable in relation to:

(a) a debt that arises on or after 1 January 2017; and

(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.

Div 2 heading substituted by No 60 of 2015, s 3 and Sch 5 item 14, effective 1 July 2015. The heading formerly read:

Division 2 - Review by the Social Security Appeals Tribunal

Subdiv C heading inserted by No 60 of 2015, s 3 and Sch 5 item 22, effective 1 July 2015.

S 113(1) amended by No 22 of 2017, s 3 and Sch 1 item 168, by omitting " referred to in paragraph (a) or (b) of the definition of adverse family assistance decision in subsection (5) " after " an adverse family assistance decision " from para (a), effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading.

S 113(2) repealed by No 22 of 2017, s 3 and Sch 1 item 169, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 113(2) formerly read:

113(2)
If:

(a) an adverse family assistance decision referred to in paragraph (c), (d) or (e) of the definition of adverse family assistance decision in subsection (5) is made; and

(b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and

(c) a person makes an application for AAT first review of the adverse decision;

the Secretary may declare:

(d) in the case of an adverse family assistance decision referred to in paragraph (c) of the definition in subsection (5) - that the conditional eligibility to which the decision relates is to continue as if the adverse decision had not been made; and

(e) in the case of an adverse family assistance decision referred to in paragraph (d) of the definition in subsection (5) - that the limit or percentage to which the decision relates is to continue as if the adverse decision had not been made; and

(f) in the case of an adverse family assistance decision referred to in paragraph (e) of the definition in subsection (5) - that the eligibility for the special grandparent rate to which the decision relates is to continue as if the adverse decision had not been made.

S 113(5) amended by No 22 of 2017, s 3 and Sch 1 items 170 and 171, by substituting " reduced. " for " reduced; or " in para (b) and repealing para (c) to (e) in the definition of " adverse family assistance decision " , effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. Para (c) to (e) formerly read:

(c) the person ceases to be conditionally eligible for child care benefit by fee reduction; or

(d) the weekly limit of hours, the CCB % or the schooling % applicable to the person is reduced; or

(e) the person ceases to be eligible for the special grandparent rate for a child.

S 113 substituted by No 60 of 2015 (as amended by No 4 of 2016), s 3 and Sch 5 item 22, effective 1 July 2015. No 60 of 2015, s 3 and Sch 9 item 15BQ contains the following transitional and saving provision:

15BQ Continuation of payment declarations  
(1)
If, immediately before the commencement day, a declaration under section 112 of the A New Tax System (Family Assistance) (Administration) Act 1999 was in effect in connection with a person ' s application for review of a decision, the declaration continues in effect on and after the commencement day, as if the declaration had been made:

(a) under section 113 of that Act as amended by this Act; and

(b) in connection with the application as continued in the AAT by item 15AB of this Schedule.

…

S 113 formerly read:

SECTION 113 SSAT review powers  
113(1)
If a person applies to the SSAT for review of a decision, the SSAT must:

(a) affirm the decision; or

(b) vary the decision; or

(c) set the decision aside and:

(i) substitute a new decision; or

(ii) send the matter back to the Secretary, for reconsideration in accordance with any directions or recommendations of the SSAT.

113(1A)
If:

(a) the review involves (wholly or partly) a review of a decision (the original decision ) that is a care percentage decision; and

(b) a review of a decision carried out under Part VIIA of the Child Support (Registration and Collection) Act 1988 has involved (wholly or partly) a review of the determination to which the care percentage decision relates;

the SSAT must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.

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History

S 113(1A) inserted by No 65 of 2010, s 3 and Sch 2 item 35, effective 1 July 2010.

113(2)
If the SSAT sets a decision aside and substitutes for it a decision that:

(a) a person is entitled to have a payment made under this Act; or

(b) a person is conditionally eligible for child care benefit by fee reduction; or

(c) the weekly limit of hours, the CCB % or the schooling % applicable to a person is to be increased;

the SSAT must:

(d) in the case of paragraph (a):

(i) assess the amount of the payment; or

(ii) ask the Secretary to assess the amount; and

(e) in the case of paragraph (b):

(i) ask the Secretary to determine the weekly limit of hours, CCB % and schooling % applicable to the person; and

(ii) if the limit or percentage affects the amount of the entitlement of the person - assess that amount; and

(f) in the case of paragraph (c):

(i) determine what the limit or percentage is to be; or

(ii) ask the Secretary to assess the limit or percentage.

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S 113(2) substituted by No 45 of 2000, s 3 Sch 2 item 113, effective 1 July 2000. For transitional provisions see note under s 69. S 113(2) formerly read:

113(2)
If the SSAT sets a decision aside and substitutes for it a decision that a person is entitled to have a payment made under this Act, the SSAT must:

(a) assess the amount of the payment; or

(b) ask the Secretary to assess the amount.

113(3)
If:

(a) the SSAT sets a decision aside under subsection (1); and

(b) the Secretary or the SSAT, as the case may be, is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary or the SSAT, as the case requires, may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of the family assistance law.