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

(1)
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.

View history note

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(c) the individual had not withdrawn the request before 30 June 2011; and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.
View history note

Hide history note

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.
View history note

Hide history note

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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.