A New Tax System (Family Assistance) Act 1999

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)

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Division 1 - Eligibility for family tax benefit

Subdivision E - Revocation and suspension of determination of percentage of care

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SECTION 35P Determination must be revoked if there is a change to the individual ' s shared care percentage

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35P(1)
The Secretary must revoke a determination of an individual ' s percentage of care (the existing percentage of care ) for a child made under section 35A or 35B if:

(a) the Secretary or Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual ' s existing percentage of care for the child; and

(b) the Secretary is satisfied:

(i) that the individual ' s shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B , another percentage to be the individual ' s percentage of care for the child; or

(ii) that, if the Secretary were to determine under that section another percentage to be the individual ' s percentage of care for the child, the other percentage would not be in the same percentage range as the individual ' s existing percentage of care; and

(c) subsection (2) applies in relation to the individual.

Note:

The Secretary must make another determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2) .

35P(2)
This subsection applies in relation to an individual if:

(a)

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section 35C did not apply in relation to the individual; or

(b) section 35C did apply in relation to the individual but the maximum interim period for the determination has ended; or

(c) all of the following apply:

(i) section 35C did apply in relation to the individual;

(ii) the maximum interim period for an earlier determination of the individual ' s percentage of care for the child has not ended;

(iii) an interim period for the earlier determination does not currently apply;

(iv) the determination referred to in subsection (1) was made while the earlier determination was suspended under this Subdivision.

Note:

For when section 35C does not apply, see section 35F .

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35P(3)
The revocation of the determination takes effect at the end of:

(a) if the change of care day for the individual occurs during an interim period for the determination - the day on which the interim period ends; or

(b) otherwise - the day before the change of care day for the individual.

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History

S 35P substituted by No 36 of 2018, s 3 and Sch 1 item 21, applicable in relation to any change of care day that occurs on or after 23 May 2018. S 35P formerly read:

SECTION 35P Determination must be revoked if there is a change to the individual ' s shared care percentage etc.
35P(1)
If:

(a) a determination of an individual ' s percentage of care (the existing percentage of care ) for a child has been made under section 35A or 35B; and

(b) if section 35C or 35D applied in relation to the individual - the interim period for the determination has ended; and

(c) the Secretary or the Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual ' s existing percentage of care for the child; and

(d) the Secretary is satisfied:

(i) that the individual ' s shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual ' s percentage of care for the child; or

(ii) that, if the Secretary were to determine under that section another percentage to be the individual ' s percentage of care for the child, the other percentage would not be in the same percentage range as the individual ' s existing percentage of care;

the Secretary must revoke the determination.

Note:

The Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2).

35P(2)
Each of the following is a percentage range :

(a) 0% to less than 14%;

(b) 14% to less than 35%;

(c) 48% to 52%;

(d) more than 65% to 86%;

(e) more than 86% to 100%.

35P(3)
The revocation of the determination takes effect at the end of:

(a) if the change of care day for the individual occurs during the interim period for the determination - the day on which the interim period ends; or

(b) otherwise - the day before the change of care day for the individual.

S 35P inserted by No 65 of 2010, s 3 and Sch 2 item 18, effective 1 July 2010. For application provisions see note under Pt 3 Div 1 Subdiv D heading.

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