A New Tax System (Family Assistance) Act 1999

PART 8 - CLEAN ENERGY ADVANCES  

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Division 2 - Amount of clean energy advance  

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SECTION 106   Clean energy daily rate  

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106(1)    
An individual ' s clean energy daily rate for a day is worked out as follows: Method statement


Step 1.

If the individual ' s rate of family tax benefit on that day (disregarding reductions (if any) under clause 5 or 25A of Schedule 1 ) consisted of or included a Part A rate greater than nil:

  • (a) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual ' s income and maintenance tested rate exceeds the individual ' s base rate - work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in that clause; or
  • (b) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual ' s income and maintenance tested rate is less than or equal to the individual ' s base rate - work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in clause 25 of that Schedule; or
  • (c) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual ' s Method 2 income and maintenance tested rate is less than or equal to the individual ' s provisional Part A rate - work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in that clause; or
  • (d) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual ' s Method 2 income and maintenance tested rate exceeds the individual ' s provisional Part A rate - work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in clause 3 of that Schedule.


    • Step 2.

    If the individual ' s rate of family tax benefit on that day consisted of or included a Part B rate greater than nil, work out whichever of the following amounts is appropriate:

  • (a) the sum of the amounts under paragraphs 29(1)(a) and (b) of Schedule 1 ;
  • (b) the sum of the amounts at paragraphs (a) and (b) of step 1 of the method statement in subclause 29(2) of Schedule 1 ;
  • (c) the sum of the amounts under paragraphs 29A(2)(a) and (b) of Schedule 1 .


    • 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.

    Divide the amount at step 4 by 365 (rounded to the nearest cent (rounding 0.5 cents upwards)): the result is the individual ' s clean energy daily rate for that day.


    106(2)    
    If steps 1 and 2 of the method statement in subsection (1) do not apply in relation to an individual on a day, the individual ' s clean energy daily rate for that day is nil.

    106(3)    
    An individual ' s clean energy daily rate for a day is nil if the individual is an absent overseas recipient on that day (disregarding section 63A ).

    106(4)    
    The calculation under subsection (1) for a day is to be done disregarding any FTB child of the individual who is an absent overseas FTB child (disregarding section 63A ) on that day.

    106(5)    
    The calculation under subsection (1) is to be done disregarding section 32 .

    106(6)    
    If:


    (a) the decision day (see subsection 105(1) ) is before 1 July 2013; and


    (b) on the decision day:


    (i) an FTB child of the individual is outside Australia and the FTB child left Australia before 1 April 2013; and

    (ii) that FTB child is not an absent overseas FTB child (disregarding section 63A );

    then the calculation under subsection (1) of this section on the decision day is to be done disregarding that FTB child.


    106(7)    
    If the child referred to in subsection (6) returns to Australia before 1 July 2013, then, for the purposes of section 108 , there is taken to be a change in the individual ' s circumstances on the day of the child ' s return.

    106(8)    
    If the child referred to in subsection (6) does not return to Australia before 1 July 2013, then, for the purposes of section 108 , there is taken to be a trigger day of 30 June 2013 in relation to the individual.

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