A New Tax System (Family Assistance) Act 1999
View history note
Hide history noteIf a determination under section 16 of the Family Assistance Administration Act is in force in a quarter under which an individual is entitled to be paid family tax benefit by instalment, the individual may, in a manner or way approved by the Secretary, make an election to have Division 2B of Part 4 of Schedule 1 to this Act and Division 2AA of Part 5 of that Schedule disregarded.
Note 1:
Those Divisions deal with energy supplement (Part A) and energy supplement (Part B).
Note 2:
If those Divisions are disregarded, they will be taken into account when the determination is reviewed under section 105 of the Family Assistance Administration Act - see section 105B of that Act.
58A(1A)
An individual cannot make an election under subsection (1) on a day on or after the commencement of this subsection unless energy supplement (Part A) or energy supplement (Part B) is used to work out the rate of the individual ' s family tax benefit in respect of that day.
58A(2)
An election comes into force as soon as practicable after it is made.
58A(3)
An election ceases to be in force if the individual ceases to be entitled to be paid family tax benefit under the determination.
58A(3AA)
An election ceases to be in force if, disregarding the election, neither energy supplement (Part A) nor energy supplement (Part B) would be used to work out the rate of the individual ' s family tax benefit.
58A(3A)
An election ceases to be in force if subsection 32(1) applies in relation to the individual. The election ceases to be in force on the request day (see subsection 32(1) ).
58A(3B)
If an election ceases to be in force under subsection (3A), the individual cannot make another election under subsection (1) until after the end of the lump sum period referred to in step 1 of the method statement in subsection 65(1) .
Revoking an election
58A(4)
The individual may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it is made.
Definition
58A(5)
In this section:
quarter
means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
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