A New Tax System (Family Assistance) Act 1999

PART 7 - BACK TO SCHOOL BONUS AND SINGLE INCOME FAMILY BONUS

History

Part 7 inserted by No 4 of 2009, s 3 and Sch 3 item 3, effective 18 February 2009.

No 4 of 2009, s 3 and Sch 4, contained the following provisions:

Schedule 4 - Administrative scheme for household stimulus payments

1 1 ADMINISTRATIVE SCHEME FOR HOUSEHOLD STIMULUS PAYMENTS
1(1)
Subject to this item, a Minister administering:

(a) the A New Tax System (Family Assistance) Act 1999 ; or

(b) the Social Security Act 1991 ; or

(c) the Farm Household Support Act 1992 ; or

(d) the Veterans ' Entitlements Act 1986 ;
may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

1(2)
The circumstances in which the scheme provides for payments must be:

(a) circumstances:

(i) in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the financial year starting on 1 July 2008; or

(b) circumstances:

(i) in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act.

1(3)
Without limiting the generality of subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(c) what a person has to do to get a payment;

(d) debt recovery;

(e) administrative matters, such as determination of entitlement and how and when payments will be made.

1(4)
Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999 ) aged 19 or 20 on 3 February 2009.

1(5)
Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Division 1 - Back to school bonus

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Subdivision A - Entitlements in relation to eligible children

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SECTION 95 When is an individual entitled to a back to school bonus?

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95(1)
An individual (the entitled individual ) is entitled to a back to school bonus if subsection (2), (3) or (4) applies to the individual.

95(2)
This subsection applies to the individual if:

(a) in relation to 3 February 2009, 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 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009.

95(3)
This subsection applies to the individual if:

(a) in relation to 3 February 2009, 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 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009; 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 3 February 2009, consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009.

95(4)
This subsection applies to the individual if:

(a) in relation to 3 February 2009, 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 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009 (or, if the child has died, who would have been that age on that date if the child had not died).

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