Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 86, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. The heading formerly read:

PART 3 - PAYMENT OF FAMILY ASSISTANCE

S 31(1) substituted by No 45 of 2000, s 3 Sch 2 item 37, effective 1 July 2000. For transitional provisions see note under s 7A. S 31(1) formerly read:

31(1)
If:

(a) a determination is made under section 16; and

(b) after the determination is made, a change in the claimant ' s circumstances occurs; and

(c) the claimant is entitled to be paid family tax benefit under the determination at some time after the change; and

(d) when the Secretary becomes aware of the change, the Secretary considers that, if he or she were making the determination immediately after the change, he or she would make it with different effect than the actual determination would have from that time;

the Secretary must, subject to subsection (2), vary the determination so that it had, and will have, that different effect at all times after the change.

S 31(1A) inserted by No 45 of 2000, s 3 Sch 2 item 37, effective 1 July 2000. For transitional provisions see note under s 7A.

S 31(1B) inserted by No 45 of 2000, s 3 Sch 2 item 37, effective 1 July 2000. For transitional provisions see note under s 7A.

S 31(1C) inserted by No 17 of 2016, s 3 and Sch 1 item 29, effective 1 July 2016. No 17 of 2016, s 3 and Sch 1 item 31 contains the following application and saving provision:

31 Application and saving provisions  
(1)
Subject to this item, the amendments made by this Schedule apply in relation to absences from Australia starting on or after the commencement of this item.

Absence of FTB child or regular care child

(2)
If:

(a) in relation to a child, the 56-week period mentioned in subsection 24(1) of the A New Tax System (Family Assistance) Act 1999 (as in force immediately before the commencement of this item) began before that commencement; and

(b) the child leaves Australia on or after that commencement; and

(c) if section 24 of that Act, as in force immediately before that commencement, were still in force at the time of that leaving - subsection 24(2) or (3) of that Act would have applied in relation to the child;

then the amendments made by this Schedule do not apply in relation to the child ' s absence from Australia referred to in paragraph (b).

Absence of individual

(3)
If:

(a) in relation to an individual, the 56-week period mentioned in subsection 24(4) of the A New Tax System (Family Assistance) Act 1999 (as in force immediately before the commencement of this item) began before that commencement; and

(b) the individual leaves Australia on or after that commencement; and

(c) if section 24 of that Act, as in force immediately before that commencement, were still in force at the time of that leaving - subsection 24(5) or (6) of that Act would have applied in relation to the individual;

then the amendments made by this Schedule do not apply in relation to the individual ' s absence from Australia referred to in paragraph (b).

S 31(1D) inserted by No 17 of 2016, s 3 and Sch 1 item 29, effective 1 July 2016. For application and saving provision, see note under s 31(1C) .

S 31(1E) inserted by No 17 of 2016, s 3 and Sch 1 item 29, effective 1 July 2016. For application and saving provision, see note under s 31(1C) .

S 31(2) amended by No 45 of 2000, s 3 Sch 2 items 38 to 41, by substituting " occurrence of the event " for " change in the claimant ' s circumstances " and " event " for " change " (second occurring) in para (a); substituting " occurrence of the event " for " change " in para (b); and substituting " event " for " change " (last occurring), effective 1 July 2000. For transitional provisions see note under s 7A.

S 31(3) substituted by No 61 of 2005, s 3 and Sch 4 item 33, effective 1 July 2005. S 31(3) formerly read:

Sections 27, 27A, 28, 28A, 28B, 29, 30, 30A and 30B variations prevail

31(3)
If:

(a) when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29, 30, 30A or 30B; and

(b) the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;

the variation under that section prevails over the variation under this section.

S 31(3) amended by No 122 of 2003, s 3 and Sch 4 item 4, by substituting " , 30, 30A or 30B " for " or 30 " in para (a), applicable in relation to departures from Australia before, on or after 1 July 2004 by persons who are absent from Australia on or after that commencement as a result of those departures.

S 31(3) amended by No 45 of 2000, s 3 Sch 2 item 42, by substituting " 27A, 28, 28A, 28B, " for " 28, " in para (a), effective 1 July 2000. For transitional provisions see note under s 7A.