A New Tax System (Family Assistance) Act 1999
PART 6
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ECONOMIC SECURITY STRATEGY PAYMENT TO FAMILIES
Division 1
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Entitlements in respect of eligible children
SECTION 89
When is an individual entitled to an economic security strategy payment to families?
89(1)
An individual (the entitled individual ) is entitled to an economic security strategy payment to families if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the individual.
FTB category
89(2)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.
89(3)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the determination was made as a result of a claim made in the 2008 - 09, 2009 - 10 or 2010 - 11 income year; and
(c) if the claim was made in the 2008 - 09 income year - the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children; and
(d) if the claim was made in the 2009 - 10 or 2010 - 11 income year:
89(4)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the determination was made as a result of a claim made in the 2008 - 09 income year or a later income year; and
(c) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.
Youth allowance category
89(5)
This subsection applies to the individual (the recipient ) if the recipient has been paid an instalment of youth allowance in relation to which the following conditions are satisfied:
(a) the instalment was in respect of a period that included 14 October 2008;
(b) the instalment was of another individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991 ;
(c) the instalment was paid to the recipient:
ABSTUDY category
89(6)
This subsection applies to the individual if:
(a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid in respect of a dependent student; and
(b) the instalment was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was a dependent student under the scheme and was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
Education allowance category
89(7)
This subsection applies to the individual if:
(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid in respect of a student; and
(b) the allowance was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
89(8)
This subsection applies to the individual if:
(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid in respect of a student; and
(b) the allowance was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
View history note
Hide history noteAn individual (the entitled individual ) is entitled to an economic security strategy payment to families if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the individual.
FTB category
89(2)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.
89(3)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the determination was made as a result of a claim made in the 2008 - 09, 2009 - 10 or 2010 - 11 income year; and
(c) if the claim was made in the 2008 - 09 income year - the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children; and
(d) if the claim was made in the 2009 - 10 or 2010 - 11 income year:
(i) the individual has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in the 2008 - 09 income year; and
(ii) the rate (the applicable rate ) of family tax benefit that was payable under the determination after the individual satisfied those conditions, and that was payable in relation to 14 October 2008, consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.
89(4)
This subsection applies to the individual if:
(a) in relation to 14 October 2008, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and
(b) the determination was made as a result of a claim made in the 2008 - 09 income year or a later income year; and
(c) the rate (the applicable rate ) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children.
Youth allowance category
89(5)
This subsection applies to the individual (the recipient ) if the recipient has been paid an instalment of youth allowance in relation to which the following conditions are satisfied:
(a) the instalment was in respect of a period that included 14 October 2008;
(b) the instalment was of another individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991 ;
(c) the instalment was paid to the recipient:
(i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999 ; or
(ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999 .
ABSTUDY category
89(6)
This subsection applies to the individual if:
(a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid in respect of a dependent student; and
(b) the instalment was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was a dependent student under the scheme and was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
(i) the parent or guardian to whom the whole or part was paid; or
(ii) if no amount of the instalment was paid to a parent or guardian of the student and no amount of the instalment was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.
Education allowance category
89(7)
This subsection applies to the individual if:
(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid in respect of a student; and
(b) the allowance was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
(i) the parent or guardian to whom the whole or part was paid; or
(ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.
89(8)
This subsection applies to the individual if:
(a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid in respect of a student; and
(b) the allowance was in respect of a period that included 14 October 2008; and
(c) on 14 October 2008, the student was under 25 years of age; and
(d) on 14 October 2008, the individual was a parent or guardian of the student; and
(e) the individual is either:
(i) the parent or guardian to whom the whole or part was paid; or
(ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student - the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section.
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