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 29 Variation of instalment entitlement determination where failure to provide information

29(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; and

(b) the Secretary, in order to make a decision about the eligibility, or daily rate of eligibility, of the claimant for family tax benefit on either or both of the following:

(i) the particular day or any later day;

(ii) any day or days in the past when the determination was in force;

requires the claimant or the claimant ' s partner under Division 1 of Part 6 to give information or produce documents; and

(c) the claimant or the claimant ' s partner refuses or fails to comply with the requirements.

Consequences of section applying

29(2)
If this section applies, the Secretary may 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.

29(2A)

View history reference

Without limiting subsection (2), if the information or documents required relate to:

(a) the claimant ' s eligibility for rent assistance; or

(b) the amount of rent assistance to be added in calculating the claimant ' s rate of family tax benefit;

the Secretary may vary the determination so as to establish a different rate of family tax benefit that does not have the amount of rent assistance added 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.

View history note

29(2B)

View history reference

Without limiting subsection (2), if the Secretary considers that the information or document is relevant to whether an individual is a senior secondary school child, the Secretary may vary the determination so as to disregard the individual for the purposes of working out whether the claimant is entitled to be paid family tax benefit, and it so the rate at which it is to be paid:

(a) 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

(b) for any later day on which the determination was or will be in force specified by the Secretary in the variation.

View history note

History

S 29(2B) amended by No 14 of 2014, s 3 and Sch 3 item 31, by substituting " is a senior secondary school child " for " satisfies or is exempt from the FTB activity test " , applicable on and after that commencement in relation to a day occurring before 1 May 2014.

S 29(2B) inserted by No 129 of 2009, s 3 and Sch 1 item 11, effective 1 January 2010. No 129 of 2009, s 3 and Sch 1 items 13 and 14 (as amended by No 45 of 2010, s 3 and Sch 3 items 1 to 3, effective 1 January 2010) contain the following application and transitional provisions:

13 Application
(1)
If a claim for the payment of family tax benefit by instalment is made on or after 1 January 2010, the amendments made by this Schedule apply for the purposes of working out the claimant ' s entitlement to the payment of family tax benefit by instalment.

(2)
If a claim for the payment of family tax benefit by instalment is made before 1 January 2010, the amendments made by this Schedule apply for the purposes of working out the claimant ' s entitlement to the payment of family tax benefit by instalment for a day that falls on or after 1 July 2010.

(3)
The amendments made by this Schedule apply to the payment of family tax benefit for a past period to the extent that the period falls on or after 1 January 2010.
14 Obtaining information during the transition period
(1)
If the Secretary considers that information or a document that is in a person ' s custody or under a person ' s control may be relevant to whether an individual will satisfy or be exempt from the FTB activity test on 1 July 2010, the Secretary may require the person to give the information or produce the document during the transition period to a specified agency.

(2)
The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 apply as if this item were a requirement under Division 1 of Part 6 of the A New Tax System (Family Assistance) (Administration) Act 1999 .

(3)
The transition period is the period beginning at the start of 1 January 2010 and ending at the end of 30 June 2010.

Consequences of later provision of information or documents

29(3)

View history reference

If:

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

(b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;

the Secretary must vary the determination to undo the effect mentioned in subsection (2), (2A) or (2B).

View history note

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.