A New Tax System (Family Assistance) Act 1999

PART 4 - RATE OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)

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Division 2 - Stillborn baby payment

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History

Div 2 substituted by No 70 of 2013, s 3 and Sch 2A item 22, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A . Div 2 formally read:

Division 2 - Baby bonus
SECTION 66 Amount of baby bonus
General rule

66(1)
Subject to this section, the amount of baby bonus for an individual in respect of a child is as follows:

(a) if the individual is eligible for baby bonus under subsection 36(2) and the child is the first child born alive to the woman who gave birth to the child - $5,000;

(b) if the individual is eligible for baby bonus under subsection 36(3) and the child is the first child that becomes entrusted to the care of the individual, or the individual ' s partner, in the circumstances mentioned in paragraph 36(3)(b) - $5,000;

(c) if the individual is eligible for baby bonus under subsection 36(4) , the child is the first stillborn child of the woman who gave birth to the child and the woman has not given birth to any other children - $5,000;

(d) if the individual is eligible for baby bonus under subsection 36(5) and the child is the first child that becomes entrusted to the care of the individual, or the individual ' s partner, in the circumstances mentioned in paragraphs 36(5)(a) to (b) - $5,000;

(e) otherwise - $3,000.

Multiple children cases

66(2)
The amount of baby bonus for an individual in respect of each child born during the same multiple birth (including any stillborn child) is $5,000.

66(3)
If an individual is eligible for baby bonus under subsection 36(3) in respect of 2 or more children who become entrusted to the care of the individual, or the individual ' s partner, as part of the same entrustment to care process, the amount of baby bonus in respect of each child is $5,000.

66(4)
If an individual is eligible for baby bonus under subsection 36(5) in respect of 2 or more children who become entrusted to the care of the individual as part of the same adoption process, the amount of baby bonus in respect of each child is $5,000.

Shared baby bonus

66(5)
If, under paragraph 37(3)(b) , the Secretary has determined the percentage that is to be an individual ' s percentage of baby bonus in respect of a child, the amount of baby bonus for the individual in respect of that child is that percentage of the amount worked out under subsections (1) to (3) of this section.
SECTION 66A Amount of baby bonus to take into account parental leave pay of others
66A(1)
If:

(a) an individual has been, or is being, paid parental leave pay for a child; and

(b) at any time within the period of 26 weeks starting on the day of the child ' s birth, the individual has been, or is, the primary carer of the child; and

(c) another individual is eligible for baby bonus, under subsection 36(2) or (3) , in respect of the same child (whether or not that eligibility is affected by a determination under subsection 37(3) );
the Secretary may determine a percentage by which it is reasonable to reduce the other individual ' s amount of baby bonus in respect of the child in order to take into account that the individual referred to in paragraph (a) is eligible for parental leave pay in respect of the child.

66A(2)
Despite section 66 , the amount of baby bonus for the other individual in respect of the child is reduced in accordance with the determination.

Div 2 (heading) substituted by No 82 of 2007, s 3 and Sch 6 item 20, effective 1 July 2007

The heading formerly read:

Division 2 - Maternity payment

Div 2 substituted by No 59 of 2004, s 3 and Sch 2 item 2, effective 1 July 2004. For application provision, see note under Div 2 of Part 3 heading. Div 2 formerly read:

Division 2 - Maternity allowance
Amount of maternity allowance
66
The amount of maternity allowance in respect of a child is the greater of the following amounts:

(a) $780;

(b) 2.4 times the amount stated in column 3 of item 1 in Table C in point 1068B-C2 in Module C of the Benefit PP (Partnered) Rate Calculator in section 1068B of the Social Security Act 1991 .

S 66 amended by No 83 of 1999, s 3 and Sch 2 item 26, by inserting " Benefit " before " PP (Partnered) " , effective 1 July 2000.

SECTION 66

66 Amount of stillborn baby payment

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The amount of a stillborn baby payment for an individual in respect of a child is the amount worked out using the formula:

where:

additional amount
means the dollar amount mentioned in item 1 of the table in subclause 7(1) of Schedule 1 applicable on the day of the child ' s delivery (including that amount as indexed).

higher newborn supplement amount
means the dollar amount mentioned in the formula under paragraph 35B(1)(a) of Schedule 1 applicable on the day of the child ' s delivery (including that amount as indexed).

newborn upfront amount
means the dollar amount mentioned in subsection 58AA(1) applicable on the day of the child ' s delivery (including that amount as indexed).

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History

S 66 substituted by No 97 of 2020, s 3 and Sch 5 item 3, applicable in relation to working out the amount of stillborn baby payment on or after the commencement of this item for the delivery of a child that occurs on or after 1 January 2021. S 66 formerly read:

SECTION 66 Amount of stillborn baby payment
General rule

66(1)
Subject to this section, the amount of a stillborn baby payment for an individual in respect of a child is as follows:

(a) if the child is the first stillborn child of the woman who gave birth to the child - the amount worked out using the formula:

Higher newborn supplement amount + Newborn upfront amount

[ CCH Note: No 70 of 2013, s 3 and Sch 2A item 67 contains the following application and transitional provision:

(8)
To avoid doubt, for the purposes of paragraph 66(1)(a) of the Assistance Act, as inserted by this Schedule, in working out whether a child is the first stillborn child of a woman, take into account children born as stillborn children of the woman before, on or after 1 March 2014.
]

(b) otherwise - the amount worked out using the formula:

Lower newborn supplement amount + Newborn upfront amount

Multiple children case

66(2)
If 2 or more children are born during the same multiple birth and there is at least one stillborn child, the amount of stillborn baby payment for an individual in respect of each stillborn child born during that birth is the amount worked out using the formula:

Higher newborn supplement amount + Newborn upfront amount

Definitions

66(3)
In this section:
higher newborn supplement amount
means the dollar amount mentioned in the formula under paragraph 35B(1)(a) of Schedule 1 (including that amount as indexed).

lower newborn supplement amount
means the dollar amount mentioned in the formula under paragraph 35B(1)(d) of Schedule 1 (including that amount as indexed).

newborn upfront amount
means the amount mentioned in subsection 58AA(1) (including that amount as indexed).

S 66 substituted by No 70 of 2013, s 3 and Sch 2A item 22, effective 1 March 2014. For application and transitional provisions, see note under Sch 1 Pt 5 Div 1A . For the former wording of s 66, see note under Div 2 heading.

S 66 substituted by No 70 of 2013, s 3 and Sch 1 item 1, applicable in relation to individuals who become eligible for baby bonus on or after 1 July 2013. S 66 formerly read:

SECTION 66 Amount of baby bonus
66(1)
The amount of baby bonus for an individual in respect of a child is $5,000.
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History

S 66(1) substituted by No 49 of 2012 (as amended by No 70 of 2013), s 3 and Sch 2 item 1, applicable in relation to individuals who become eligible for baby bonus on or after 1 September 2012. S 66(1) formerly read:

66(1)
The amount of baby bonus for an individual in respect of a child is $5,000.

S 66(1) amended by No 63 of 2008, s 3 and Sch 2 item 42, by inserting " for an individual " after " bonus " , effective 1 January 2009.

S 66(1) amended by No 59 of 2004, s 3 and Sch 2 item 51, by substituting " $5,000 " for " $4,000 " , effective 1 July 2008 and applicable in relation to children born or delivered on or after 1 July 2008.

S 66(1) amended by No 59 of 2004, s 3 and Sch 2 item 49, by substituting " $4,000 " for " $3,000 " , effective 1 July 2006 and applicable in relation to children born on or after 1 July 2006.

66(2)
However, if, because of determinations by the Secretary under subsection 37(3) , 2 or more individuals are eligible for baby bonus in respect of the same child, each individual is eligible only for the individual's percentage of baby bonus determined under that subsection.

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S 66 amended by No 82 of 2007, s 3 and Sch 6 item 21, by substituting " baby bonus " for " maternity payment " (wherever occurring), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

the claim is taken to be a claim for payment of baby bonus.

S 66 substituted by No 59 of 2004, s 3 and Sch 2 item 2, effective 1 July 2004. For application provision and former wording of s 66, see note under Div 2 of Pt 3 heading.

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