A New Tax System (Family Assistance) (Administration) Act 1999

PART 3 - PAYMENT OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 1 - Family tax benefit  

Subdivision C - Variation of determinations  

SECTION 28B   Variation of instalment entitlement determination where claim made for another payment type  

28B(1)    
This section applies if:

(a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment in respect of an individual; and

(b) the individual is any of the following:

(i) an FTB child of the claimant;

(ii) a regular care child who is also a rent assistance child of the claimant;

(iii) an individual in respect of whom an approved care organisation is the claimant; and

(c) the individual makes a claim for one of the following:

(i) a social security pension;

(ii) a social security benefit;

(iii) payments under a program included in the programs known as Labour Market Programs;

(iv) if the individual is aged 16 or more - payments under a prescribed educational scheme, unless subsection (1A) applies to the individual.

28B(1A)    

This subsection applies to an individual if:

(a) the claim is for payments under the ABSTUDY scheme; and

(b) the individual is seeking the payments to be paid on the basis of the individual:

(i) undertaking full-time study at a secondary school (within the meaning of the Student Assistance Act 1973 ); and

(ii) being, in accordance with the ABSTUDY scheme, a student approved to live away from home; and

(iii) boarding away from home for the purposes of attending the school.

Note:

For undertaking full-time study , see subsection 3(1) of the Family Assistance Act.

Consequence of section applying if the individual is the claimant's only FTB or regular care child or the claimant is an approved care organisation

28B(2)    
If:

(a) this section applies because the individual is an individual in respect of whom the claimant is an approved care organisation; or

(b) this section applies because the individual is the only individual who is either an FTB child, or a regular care child who is a rent assistance child, of the claimant;

the Secretary must vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day on which the determination was or will be in force, after the end of the last instalment period before the variation takes place or from a later day determined by the Secretary.

Consequence of section applying if the individual is not the claimant's only FTB or regular care child

28B(3)    
If:

(a) this section applies because the individual is an FTB child, or a regular care child who is also a rent assistance child, of the claimant; and

(b) the individual is not the claimant's only FTB child, or regular care child who is also a rent assistance child;

the Secretary must vary the determination so that it has the effect that the daily rate of family tax benefit for which the claimant is entitled under the determination does not take into account the child who has made a claim for a payment listed in paragraph (1)(c). The determination takes effect from the day after the end of the claimant's last instalment period before the variation takes place or from a later day determined by the Secretary.

Consequence of later rejection etc. of individual's claim

28B(4)    
If:

(a) under subsection (2) or (3), the Secretary varies the determination; and

(b) the individual's claim for the payment is rejected, withdrawn or taken not to have been made;

the Secretary must vary the determination to undo the effect mentioned in subsection (2) or (3), as the case may be.