A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator

Note: See subsection 58(1) .

Part 2 - Part A rate (Method 1)

Division 1 - Overall rate calculation process

5 Family tax benefit advance to individual

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(1)

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If:

(a) an individual is entitled to be paid family tax benefit by instalment; and

(b) the individual is paid a family tax benefit advance; and

(c) the individual has not repaid the whole of the advance; and

(d) the amount of unrepaid family tax benefit advance is not an FTB advance debt;

then, subject to clauses 44 and 49 , the individual ' s Part A rate (as reduced (if at all) under clauses 38J and 38K ) is to be reduced in accordance with Division 4 of Part 5 (clauses 40 to 51 ).

(2)
If an individual satisfies paragraphs (1)(a) to (d) for more than one family tax benefit advance, the individual ' s Part A rate is to be reduced under subclause (1) for each of those advances.

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History

Sch 1 cl 5 substituted by No 53 of 2011, s 3 and Sch 1 item 6, applicable to family tax benefit advances requested on or after 1 July 2011. No 53 of 2011, s 3 and Sch 1 item 20 contains the following transitional provision:

20 Transitional advance payment
(1)
This item applies if:

(a) an individual was paid a family tax benefit advance for the individual ' s family tax benefit advance period that ended on 30 June 2011; and

(b) under paragraph 33(3)(b) of the Family Assistance Administration Act as in effect immediately before 1 July 2011, the request for the advance operated for a particular standard advance period and all subsequent standard advance periods; and

(c) the individual had not withdrawn the request before 30 June 2011; and

(d) under clause 5 or 25A of Schedule 1 to the Family Assistance Act as in effect immediately before 1 July 2011, the individual ' s Part A rate was reduced for the period by the FTB advance rate.

(2)
On 1 July 2011, the individual is taken to have made an effective request for a single family tax benefit advance under section 34 of the Family Assistance Administration Act as inserted.

(3)
The individual ' s advance assessment day is taken to be 1 July 2011.

(4)
The amount of the family tax benefit advance is the smallest of the following amounts:

(a) $333.06;

(b) the maximum amount of advance payable to the individual on the advance assessment day worked out under section 35D of the Family Assistance Administration Act as inserted;

(c) the amount determined by the Secretary under subsection 35C(3) of the Family Assistance Administration Act as inserted.

(5)
Clauses 47 and 49 of Schedule 1 to the Family Assistance Act as inserted do not apply to the advance.

Sch 1 cl 5 formerly read:

5 Family tax benefit advance to individual
(1)
Subject to subclause (2), if family tax benefit advance is paid to an individual, the individual ' s Part A rate (as reduced (if at all) under clauses 38J and 38K) during the individual ' s family tax benefit advance period is to be reduced by the FTB advance rate.
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History

Sch 1 cl 5(1) amended by No 146 of 2006, s 3 and Sch 8 item 74, by substituting " 38J and " for " 4A and 4B " , effective 1 July 2008.

Sch 1 cl 5(1) amended by No 61 of 2005, s 3 and Sch 4 item 4, by inserting " (as reduced (if at all) under clauses 4A and 4B) " after " Part A rate " , applicable in relation to a decision, made after 1 July 2005, to make a determination that includes, or to vary a determination to include, rent assistance when calculating an individual ' s Part A rate of family tax benefit for a day that occurs before or after 1 July 2005.

Sch 1 cl 5(1) amended by No 45 of 2000, s 3 and Sch 1 item 22, by substituting " Subject to subclause (2), if " for " If " . For transitional provisions see note under s 22A.

(2)
If, at any time, the FTB advance rate in respect of an individual would equal or exceed the individual ' s Part A rate were subclause (1) to be disregarded, then, with effect from that time, subclause (1) ceases to have effect.
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History

Sch 1 cl 5(2) inserted by No 45 of 2000, s 3 and Sch 1 item 23. For transitional provisions see note under s 22A.

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