A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Note: See subsection 58(1) .

Part 5 - Common provisions  

Division 4 - Reduction for family tax benefit advance  

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History

Div 4 inserted by No 53 of 2011, s 3 and Sch 1 item 8, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5 .

45   Part A rate insufficient to cover reduction - discretion to create FTB advance debt  

(1)    
The Secretary may, instead of making a determination under subclause 43(2) , step 3 of the method statement in subclause 44(2) or under subclause 44(5) , determine that the amount of unrepaid family tax benefit advance is to be a debt.

Note:

See subsection 71A(7) of the Family Assistance Administration Act.

(2)    
However, the Secretary must not make a determination under subclause (1) unless the individual ' s Part A rate before reduction under clause 5 or 25A is less than the amount that would, under clause 26 , be the FTB child rate if:

(a) the individual ' s Part A rate were required to be worked out using Part 3 of this Schedule; and

(b) clause 27 did not apply.

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History

Sch 1 cl 45(2) amended by No 98 of 2012, s 3 and Sch 3 item 12, by omitting " for an FTB child who had not turned 18 " after " FTB child rate " , effective 1 January 2013. For application provisions, see note under s 22(4) .

Sch 1 cl 45 inserted by No 53 of 2011, s 3 and Sch 1 item 8, applicable to family tax benefit advances requested on or after 1 July 2011. For transitional provision, see note under Sch 1 cl 5 .

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