A New Tax System (Family Assistance) (Administration) Act 1999
View history note
Hide history notePt 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
Div 3 heading substituted by No 70 of 2013, s 3 and Sch 2A item 31, effective 1 March 2014. The heading formerly read:
Division 3 - Baby bonus
No 70 of 2013, s 3 and Sch 2A item 67 contains the following application and transitional provisions:
continue to apply on and after that commencement in relation to payments of baby bonus made before, on or after that commencement.
Administration Act
Assistance Act
67 Application and transitional provisions
-
Parts 1 and 2
(1)
Despite the amendments made by this Schedule, the Assistance Act and the Administration Act, as in force immediately before the commencement of this item, to the extent to which they relate to baby bonus, continue to apply on and after that commencement in relation to an individual if the following circumstances exist:
(a)
for subsection
36(2)
of the Assistance Act
-
the child was born before 1 March 2014;
(b)
for subsection
36(3)
of the Assistance Act
-
the child was born before 1 March 2014;
(c)
for subsection
36(4)
of the Assistance Act
-
the child was born as a stillborn child before 1 March 2014;
(d)
for subsection
36(5)
of the Assistance Act
-
the child was entrusted to care before 1 March 2014.
(2)
Subclause
35A(2)
of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born on or after 1 March 2014.
(3)
Subclause
35A(5)
of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born on or after 1 March 2014.
(4)
Subclause
35A(7)
of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is entrusted to care on or after 1 March 2014.
(5)
To avoid doubt, for the purposes of paragraph
35B(1)(a)
of Schedule 1 to the Assistance Act, as inserted by this Schedule, in working out whether a child is the first child born alive to a woman, take into account children born alive to the woman before, on or after 1 March 2014.
(6)
To avoid doubt, for the purposes of paragraph
35B(1)(b)
or (c) of Schedule 1 to the Assistance Act, as inserted by this Schedule, in working out whether a child is the first child entrusted to the care of an individual, or the partner of an individual, take into account children entrusted to the care of the individual, or the partner of the individual, before, on or after 1 March 2014.
(7)
Paragraph
36(1)(a)
of the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born as a stillborn child on or after 1 March 2014.
(8)
To avoid doubt, for the purposes of paragraph
66(1)(a)
of the Assistance Act, as inserted by this Schedule, in working out whether a child is the first stillborn child of a woman, take into account children born as stillborn children of the woman before, on or after 1 March 2014.
(9)
Despite the amendments made by this Schedule, section
52-150
of the
Income Tax Assessment Act 1997
(as in force immediately before the commencement of this item) continues to apply on and after that commencement in relation to payments of baby bonus made before, on or after that commencement.
(10)
Despite the amendments made by this Schedule:
(a)
paragraph (e) of the definition of
category I welfare payment
in section 123TC of the
Social Security (Administration) Act 1999
(as in force immediately before the commencement of this item); and
(b)
paragraph (p) of the definition of
category Q welfare payment
in that section as so in force; and
(c)
paragraph (c) of the definition of
category S welfare payment
in that section as so in force; and
(d)
sections 123XJA and 123XJC of that Act as so in force;
(11)
Despite the amendments made by this Schedule, paragraph 31(2)(f) of the
Paid Parental Leave Act 2010
(as in force immediately before the commencement of this item) continues to apply on and after that commencement in relation to working out eligibility for parental leave pay for a child before, on or after that commencement.
(12)
In this item:
means the
A New Tax System (Family Assistance) (Administration) Act 1999
.
means the
A New Tax System (Family Assistance) Act 1999
.
No 59 of 2004, s 3 and Sch 2 item 25, contains the following saving provision:
25 Saving provision for maternity allowance claims etc.
(1)
Despite the amendments of Division 3 of Part 3 of the
A New Tax System (Family Assistance) (Administration) Act 1999
, that Division applies in relation to the following as if the amendments had not been made:
(a)
claims for maternity allowance;
(b)
determination of claims for maternity allowance;
(c)
payments of maternity allowance.
(2)
It does not matter whether the claims were or are made before, on or after commencement.
If the claimant is entitled to be paid a stillborn baby payment, the Secretary must pay the amount of the payment to the claimant in a single lump sum:
(a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the amount to be paid; and
(b) to the credit of a bank account nominated and maintained by the claimant.
Payment not to bank account
47(2)
However, the Secretary may direct that an amount that is to be paid under subsection (1) is to be paid in a way other than by payment to the credit of a bank account nominated and maintained by the claimant. A direction has effect accordingly.
Interaction with other provisions
47(3)
This section is subject to Part 4 , Division 3 of Part 8B and sections 225 and 226 .
S 47 substituted by No 70 of 2013, s 3 and Sch 2A item 37, effective 1 March 2014. For application and transitional provisions, see note under Pt
3
Div
3
heading. S 47 formerly read:
Section
47AB
provides for rounding of the amounts of payments.
SECTION 47 Payment of baby bonus
Payment over 13 fortnightly instalment periods
47(1)
The Secretary must:
(a)
after the first fortnightly instalment period ending after he or she determines the claimant is entitled to be paid baby bonus, pay the claimant the upfront part of the amount of baby bonus the claimant is entitled to; and
(b)
after each of the next 12 fortnightly instalment periods, pay the claimant
1/12
of the amount of baby bonus remaining after the application of paragraph (a).
Note:
S 47(1) substituted by No 50 of 2011, s 3 and Sch 3 item 1, applicable in relation to individuals who become eligible for baby bonus on or after 1 July 2011. S 47(1) formerly read:
47(1)
The Secretary must, after each of the first 13 fortnightly instalment periods ending after he or she determines the claimant is entitled to be paid baby bonus, pay the claimant 1/13 of the amount of baby bonus the claimant is entitled to.Note:
Section 47AB provides for rounding of the amounts of payments.
Payment over 26 weekly instalment periods
47(2)
However, if the Secretary:
(a) determines that the claimant has a weekly instalment period; and
(b) makes that determination before the end of what would, apart from that determination, be the end of the claimant ' s first fortnightly instalment period ending after the making of the determination that the claimant is entitled to be paid baby bonus;
the Secretary must:
(c) after each of the first 2 weekly instalment periods ending after the determination of entitlement is made, pay the claimant ½ of the upfront part of the amount of baby bonus the claimant is entitled to; and
(d) after each of the next 24 weekly instalment periods, pay the claimant 1/24 of the amount of baby bonus remaining after the application of paragraph (c).
Note:
Section 47AB provides for rounding of the amounts of payments.
S 47(2) substituted by No 50 of 2011, s 3 and Sch 3 item 1, applicable in relation to individuals who become eligible for baby bonus on or after 1 July 2011. S 47(2) formerly read:
47(2)
However, if the Secretary:
(a) determines that the claimant has a weekly instalment period; and
(b) makes that determination before the end of what would, apart from that determination, be the end of the claimant ' s first fortnightly instalment period ending after the making of the determination that the claimant is entitled to be paid baby bonus;the Secretary must, after each of the first 26 weekly instalment periods ending after the determination of entitlement is made, pay the claimant 1/26 of the amount of baby bonus the claimant is entitled to.
Note:
Section 47AB provides for rounding of the amounts of payments.
Upfront part
47(2A)
The upfront part is the following amount:
(a) if the claimant becomes eligible for baby bonus between 1 July 2011 and 31 August 2012 - $879.77;
(b) if the claimant becomes eligible for baby bonus between 1 September 2012 and 30 June 2013 - $846.20;
(c) if the claimant becomes eligible for baby bonus between 1 July 2013 and 30 June 2015 and the amount of baby bonus is the amount applicable under paragraph 66(1)(a) , (b) , (c) or (d) or subsection 66(2) , (3) or (4) of the Family Assistance Act - $846.20;
(d) if the claimant becomes eligible for baby bonus between 1 July 2013 and 30 June 2015 and the amount of baby bonus is the amount applicable under paragraph 66(1)(e) of the Family Assistance Act - $692.40;
(e) if the claimant becomes eligible for baby bonus on or after 1 July 2015 and the amount of baby bonus is the amount applicable under paragraph 66(1)(a) , (b) , (c) or (d) or subsection 66(2) , (3) or (4) of the Family Assistance Act - the amount worked out as follows:
| 16.92% | × | The amount of baby bonus
the claimant is entitled to |
(f) if the claimant becomes eligible for baby bonus on or after 1 July 2015 and the amount of baby bonus is the amount applicable under paragraph 66(1)(e) of the Family Assistance Act - the amount worked out as follows:
| 23.08% | × | The amount of baby bonus
the claimant is entitled to |
S 47(2A) amended by No 70 of 2013, s 3 and Sch 1 item 7, by substituting paras (b) to (f) for paras (b) and (c), effective 1 July 2013. Paras (b) and (c) formerly read:
(b) if the claimant becomes eligible for baby bonus between 1 September 2012 and 30 June 2015 - $846.20;
(c) if the claimant becomes eligible for baby bonus on or after 1 July 2015 - the amount worked out as follows:
16.92% × The amount of baby bonus the claimant is entitled to
S 47(2A) amended by No 98 of 2012, s 3 and Sch 7 item 15, by substituting " $846.20 " for " $846.15 " in para (b), effective 30 June 2012.
S 47(2A) amended by No 49 of 2012, s 3 and Sch 2 items 3 and 4, by substituting " between 1 July 2011 and 31 August 2012 " for " in the 2011-2012 financial year " in para (a) and substituting para (b) and (c) for para (b), effective 26 May 2012. Para (b) formerly read:
(b) if the claimant becomes eligible for baby bonus in the 2012-2013 financial year or a later financial year - the amount worked out as follows:
16.18% × The amount of baby bonus the claimant is entitled to
S 47(2A) inserted by No 50 of 2011, s 3 and Sch 3 item 1, applicable in relation to individuals who become eligible for baby bonus on or after 1 July 2011.
Alternative payment arrangements in certain cases
47(3)
The Secretary may direct that the whole or a part of an amount that is to be paid for the purposes of subsection (1) or (2) is to be paid in a way different from that provided for by that subsection if:
(a) the claimant is entitled to be paid baby bonus because of eligibility under subsection 36(2) , (3) or (5) of the Family Assistance Act and the child dies before the claimant is paid all of the amounts under subsection (1) or (2) of this section; or
(b) the claimant is entitled to be paid baby bonus because of eligibility under subsection 36(4) of the Family Assistance Act; or
(c) the Secretary makes a determination under paragraph 37(3)(b) of the Family Assistance Act; or
(d) after a payment is made to the claimant under subsection (1) of this section, the Secretary determines that the claimant has a weekly instalment period; or
(e) after a payment is made to the claimant under subsection (2) of this section, the Secretary revokes a determination that the claimant has a weekly instalment period.
Payment to bank account
47(4)
The Secretary must make a payment under subsection (1), (2) or (3) at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
Payment not to bank account
47(5)
However, the Secretary may direct that the whole or a part of an amount that is to be paid under subsection (1), (2) or (3) is to be paid in a way other than by payment to the credit of a bank account nominated and maintained by the claimant.
Early payment
47(6)
If the Secretary is satisfied that an amount that would, apart from this subsection, be paid under subsection (1), (2) or (3) on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.
Effect of directions
47(7)
If the Secretary gives a direction under this section about the payment of an amount, the amount is to be paid in accordance with the direction, despite any other subsection of this section.
Persons who may have weekly instalment periods
47(8)
The Minister may by legislative instrument specify a class of persons any of whom the Secretary may determine to have weekly instalment periods.
47(9)
The Secretary may determine that a claimant who is a member of a class of persons specified under subsection (8) has weekly instalment periods.
47(10)
The Secretary must revoke a determination made under subsection (9) if he or she is satisfied that the claimant is no longer a member of a class of persons specified under subsection (8).
47(11)
Subsection (10) does not limit the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to subsection (9) of this section.
Secretary may change beginning of instalment periods
47(12)
The Secretary may change, for the purposes of subsections (1) and (2), the day on which successive instalment periods are to begin in relation to a claimant or class of claimants. If the Secretary does so, the last instalment period before the first day on which the new instalment periods are to begin is shortened so that it ends immediately before that day.
Definitions
47(13)
In this section:
fortnightly instalment period
means, subject to subsection (12):
(a) the period of 14 days beginning on the day the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and
(b) each successive period of 14 days.
instalment period
means a fortnightly instalment period or a weekly instalment period.
weekly instalment period
means, subject to subsection (12):
(a) the period of 7 days beginning on the day the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and
(b) each successive period of 7 days.
S 47 substituted by No 45 of 2010, s 3 and Sch 1 item 5, effective 14 April 2010. No 45 of 2010, s 3 and Sch 1 items 7 and 8, contain the following application and transitional provisions:
7 Application provision
(1)
Sections 47 and
47AB
of the
A New Tax System (Family Assistance) (Administration) Act 1999
as amended by this Schedule apply in relation to claimants who have been determined before, on or after 14 April 2010 to be entitled to be paid baby bonus.
(2)
Sections
47AA
and
47AB
of the
A New Tax System (Family Assistance) (Administration) Act 1999
as amended by this Schedule apply in relation to claimants who have been determined before, on or after 14 April 2010 to be entitled to be paid maternity immunisation allowance.
8 Transitional provisions
(1)
The Secretary may give a direction under subsection 47(3) of the
A New Tax System (Family Assistance) (Administration) Act 1999
, as amended by this Schedule, in relation to a claimant who:
(a)
has been determined before 14 April 2010 to be entitled to be paid baby bonus; and
(b)
has been determined under subsection 47(9) of that Act (as amended by this Schedule) to have weekly instalment periods.
(2)
Subparagraph
38(c)(ii)
of the
A New Tax System (Family Assistance) Act 1999
applies on and after 14 April 2010 as if a reference in that subparagraph to subsection 47(1), (2) or (3) of the
A New Tax System (Family Assistance) (Administration) Act 1999
included a reference to:
(a)
subsection 47(1AA) or (4A) of that Act as in force immediately before that commencement; and
(b)
subsection 47(1A), (2), (3) or (5) of that Act as in force immediately before 1 January 2009.
(3)
A direction that is described in column 1 of an item of the table and was in force immediately before 14 April 2010 has effect on and after 14 April 2010 as if it were a direction described in column 2 of the item that had been given on 14 April 2010.
Transitional provision for directions
Item
Column 1
Direction under section 47 of the
A New Tax System (Family Assistance) (Administration) Act 1999
as in force immediately before commencement
Column 2
Direction under the
A New Tax System (Family Assistance) (Administration) Act 1999
as amended by this Part
1
Direction under subsection 47(1AB)
Direction under subsection 47(5)
2
Direction under subsection 47(4A), so far as it relates to amounts or timing of payments
Direction under subsection 47(3)
3
Direction under subsection 47(4A), so far as it relates to the making of a payment by means other than paying to the credit of a bank account nominated and maintained by the claimant
Direction under subsection 47(5)
4
Direction under subsection 47(5)
Direction under subsection 47AA(2)
5
Direction under subsection 47(6)
Direction under subsection 47(6)
S 47 formerly read:
S 47(1AA) inserted by No 63 of 2008, s 3 and Sch 2 item 24, effective 1 January 2009. No 63 of 2008, s 3 and Sch 2 item 34 (as amended by No 70 of 2013, s 3 and Sch 3 item 45) contains the following application and transitional provision:
S 47(1AB) inserted by No 63 of 2008, s 3 and Sch 2 item 24, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(1) amended by No 63 of 2008, s 3 and Sch 2 item 25, by omitting
"
baby bonus or
"
after
"
entitled to be paid
"
and inserting the heading
"
Payment of maternity immunisation allowance
"
, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(1A) repealed by No 63 of 2008, s 3 and Sch 2 item 26, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(1A) formerly read:
the Secretary must, after each of the first 13 instalment periods that end after the determination granting the claim is made, pay to the claimant 1/13 of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant. S 47(1A) inserted by No 130 of 2007, s 3 and Sch 2 item 2, effective 18 August 2007. S 47(1B) repealed by No 63 of 2008, s 3 and Sch 2 item 26, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(1B) formerly read:
S 47(1B) inserted by No 130 of 2007, s 3 and Sch 2 item 2, effective 18 August 2007. S 47(2) repealed by No 63 of 2008, s 3 and Sch 2 item 26, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(2) formerly read:
the Secretary must, after each of the first 6 instalment periods ending after that time, pay to the claimant
⅙
of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant. S 47(2) amended by No 130 of 2007, s 3 and Sch 2 items 3 and 4, by substituting
"
Despite subsection (1)
"
for
"
However
"
and inserting para (ab), applicable to claims for payment of baby bonus made after 18 August 2007. S 47(2) amended by No 82 of 2007, s 3 and Sch 6 item 2, by inserting para (aa), applicable to claims for payment of baby bonus made after 1 July 2007. S 47(3) repealed by No 63 of 2008, s 3 and Sch 2 item 26, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(3) formerly read:
the Secretary must, after each of the first 13 instalment periods that end after the determination granting the claim is made, pay to the claimant 1/13 of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant. S 47(3) amended by No 130 of 2007, s 3 and Sch 2 item 5, by substituting
"
Despite subsection (1), if
"
for
"
If
"
, applicable to claims for payment of baby bonus made after 18 August 2007. S 47(3) and (3A) substituted for s 47(3) by No 82 of 2007, s 3 and Sch 6 item 3, applicable to claims for payment of baby bonus made after 1 July 2007. S 47(3) formerly read:
instalment period
S 47(3A) repealed by No 63 of 2008, s 3 and Sch 2 item 26, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(3A) formerly read:
S 47(3) and (3A) substituted for s 47(3) by No 82 of 2007, s 3 and Sch 6 item 3, applicable to claims for payment of baby bonus made after 1 July 2007. S 47(4) amended by No 63 of 2008, s 3 and Sch 2 item 27, by substituting
"
(1AA)
"
for
"
(1A), (2) or (3)
"
, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(4) amended by No 130 of 2007, s 3 and Sch 2 item 6, by inserting
"
(1A),
"
before
"
(2)
"
, applicable to claims for payment of baby bonus made after 18 August 2007. S 47(4) amended by No 82 of 2007, s 3 and Sch 6 item 4, by inserting
"
, for the purposes of subsection (2) or (3)
"
, applicable to claims for payment of baby bonus made after 1 July 2007. the Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (1AA) of this section is to be paid in a different way from that provided for by that subsection. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection). S 47(4A) inserted by No 63 of 2008, s 3 and Sch 2 item 28, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(5) amended by No 63 of 2008, s 3 and Sch 2 items 29 to 31, by substituting
"
subsection (1)
"
for
"
this section
"
, inserting
"
-
maternity immunisation allowance
"
at the end of the heading, substituting
"
that subsection
"
for
"
subsection (1) or (2)
"
and substituting
"
that subsection
"
for
"
those subsections
"
, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(6) amended by No 63 of 2008, s 3 and Sch 2 item 32, by substituting
"
(1AA)
"
for
"
(1A), (2) or (3)
"
, effective 1 January 2009. For application and transitional provision, see note under s 47(1AA). S 47(6) amended by No 130 of 2007, s 3 and Sch 2 item 6, by inserting
"
(1A),
"
before
"
(2)
"
, applicable to claims for payment of baby bonus made after 18 August 2007. S 47(6) amended by No 82 of 2007, s 3 and Sch 6 item 5, by inserting
"
or (3)
"
after
"
(2)
"
, applicable to claims for payment of baby bonus made after 1 July 2007.
instalment period
SECTION 47 Payment of baby bonus or maternity immunisation allowance
Payment of baby bonus
47(1AA)
If the claimant is entitled to be paid baby bonus, the Secretary must, after each of the first 13 instalment periods that end after the determination granting the claim is made, pay to the claimant 1/13 of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
34 Application and transitional
(1)
The amendment applies in relation to:
(a)
for claimants entitled to be paid baby bonus because of eligibility under subsection
36(2)
of the
A New Tax System (Family Assistance) Act 1999
or section
38
of that Act (so far as it relates to that subsection)
-
children born on or after 1 January 2009; and
(b)
for claimants entitled to be paid baby bonus because of eligibility under subsection
36(3)
of that Act or section
38
of that Act (so far as it relates to that subsection)
-
children born on or after 1 January 2009; and
(c)
for claimants entitled to be paid baby bonus because of eligibility under subsection
36(4)
of that Act or section
38
of that Act (so far as it relates to that subsection)
-
children delivered on or after 1 January 2009; and
(d)
for claimants entitled to be paid baby bonus because of eligibility under subsection
36(5)
of that Act or section
38
of that Act (so far as it relates to that subsection)
-
children who become entrusted to care (within the meaning of that Act, as amended by Part 2 of Schedule 3 to the
Family Assistance and Other Legislation Amendment Act 2013
) on or after 1 January 2009.
(2)
Subparagraph
38(c)(ii)
of the
A New Tax System (Family Assistance) Act 1999
applies on and after 1 January 2009 as if a reference in that subparagraph to subsection 47(1AA) of the
A New Tax System (Family Assistance) (Administration) Act 1999
included a reference to subsection 47(1A), (2) or (3) of the
A New Tax System (Family Assistance) (Administration) Act 1999
(as in force immediately before 1 January 2009).
47(1AB)
However, the Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (1AA) is to be paid in a manner other than by payment to the credit of a bank account nominated and maintained by the claimant. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection).
Payment of maternity immunisation allowance
47(1)
If the claimant is entitled to be paid maternity immunisation allowance, the Secretary must pay it to the claimant, at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
47(1A)
(Repealed by No 63 of 2008)
Payment of baby bonus by instalment for those 18 and over
47(1A)
Despite subsection (1), if:
(a)
the claimant has turned 18 on the day on which the claimant makes a claim for payment of baby bonus; and
(b)
the claimant is entitled to be paid baby bonus in respect of a child; and
(c)
on the day on which the determination granting the claim is made:
(i)
the claimant is subject to the income management regime (within the meaning of Part 3B of the
Social Security (Administration) Act 1999
); or
(ii)
the claimant is included in a class of individuals specified in a legislative instrument made by the Minister for the purposes of this subparagraph;
47(1B)
(Repealed by No 63 of 2008)
47(1B)
However, the Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (1A) is to be paid in a manner other than by payment to the credit of a bank account nominated and maintained by the claimant. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection).
47(2)
(Repealed by No 63 of 2008)
47(2)
Despite subsection (1), if:
(aa)
the claimant has turned 18 on the day on which the claimant makes a claim for payment of baby bonus; and
(a)
the claimant is entitled to be paid baby bonus in respect of a child; and
(ab)
subsection (1A) does not apply to the claimant; and
(b)
at a time before the claimant is paid any of the payment, the Secretary is satisfied that it is appropriate to do so;
47(3)
(Repealed by No 63 of 2008)
Payment of baby bonus by instalment for those under 18
47(3)
Despite subsection (1), if:
(a)
the claimant has not yet turned 18 on the day on which the claimant makes a claim for payment of baby bonus; and
(b)
the claimant is entitled to be paid baby bonus in respect of a child;
47(3)
In subsection (2):
means, subject to subsection (4):
(a)
the period of 14 days beginning on such day as the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and
(b)
each successive period of 14 days.
47(3A)
(Repealed by No 63 of 2008)
47(3A)
However, the Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (3) is to be paid in a manner other than by payment to the credit of a bank account nominated and maintained by the claimant. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection).
Secretary may change beginning of instalment periods
47(4)
The Secretary may change, for the purposes of subsection (1AA), the day on which successive instalment periods are to begin in relation to a claimant or class of claimants. If the Secretary does so, the last instalment period before the first day on which the new instalment periods are to begin is shortened so that it ends immediately before that day.
Alternative payment arrangements
-
baby bonus
47(4A)
If:
(a)
the claimant is entitled to be paid baby bonus because of eligibility under subsection
36(2)
,
(3)
or
(5)
of the Family Assistance Act and the child dies before the claimant is paid all of the amounts for the purposes of subsection (1AA) of this section; or
(b)
the claimant is entitled to be paid baby bonus because of eligibility under subsection
36(4)
of the Family Assistance Act; or
(c)
the Secretary makes a determination under paragraph
37(3)(b)
of the Family Assistance Act;
Alternative payment arrangements
-
maternity immunisation allowance
47(5)
The Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (1) is to be paid in a different way from that provided for by that subsection. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection).
47(6)
If the Secretary is satisfied that an amount that would, apart from this subsection, be paid under subsection (1AA) on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.
Rounding of payments
47(7)
If an amount to be paid under this section is not a whole number of cents, it must be rounded to the nearest cent (rounding 0.5 cents upwards).
Relationship of this section with other provisions
47(8)
This section is subject to Part
4
, Division
3
of Part
8B
and sections
225
and
226
.
Definitions
47(9)
In this section:
means, subject to subsection (4):
(a)
the period of 14 days beginning on such day as the Secretary considers appropriate in relation to the claimant, or class of claimants in which the claimant is included; and
(b)
each successive period of 14 days.
S 47(9) inserted by No 82 of 2007, s 3 and Sch 6 item 6, applicable to claims for payment of baby bonus made after 1 July 2007.
S 47 substituted by No 59 of 2004, s 3 and Sch 2 item 23, effective 1 July 2004. For saving provision, see note under Div 3 heading. S 47 formerly read:
Payment of maternity allowance or maternity immunisation allowance
47(1)
If the claimant is entitled to be paid maternity allowance or maternity immunisation allowance, the Secretary must pay the allowance to the claimant, at such time and in such manner as the Secretary considers appropriate.HistoryS 47(1) amended by No 95 of 2002, s 3 Sch 2 item 6, by substituting " If " for " Subject to this section, if " , effective 1 July 2003.
Making of payments to third parties
47(2)
This section is subject to Part 4 , Division 3 of Part 8B and sections 225 and 226 .HistoryS 47(2) substituted for 47(2) and 47(4), by No 95 of 2002, s 3 Sch 2 item 7, effective 1 July 2003. For continuation provisions see history note under s 23(4). S 47(2) formerly read:
47(2)
The Secretary may instead pay the whole or a part of the allowance to someone other than the claimant, on behalf of the claimant. The payment may be made at such time and in such manner as the Secretary considers appropriate.S 47(2) amended by No 45 of 2000, s 3 Sch 2 item 50, by adding " The payment may be made at such time and in such manner as the Secretary considers appropriate. " at the end, effective 1 July 2000. For transitional provisions see note under s 7A.
47(3)
(Repealed by No 45 of 2000)HistoryS 47(3) repealed by No 45 of 2000, s 3 Sch 2 item 51, effective 1 July 2000. For transitional provisions see note under s 7A. S 47(3) formerly read:
Regulations may provide for timing and manner of making payments
47(3)
The regulations may make provision for the time at which, and the manner in which, an allowance is to be paid for the purposes of this section. If such regulations are made, the Secretary must pay the allowance in accordance with the regulations.
47(4)
(Repealed by No 95 of 2002)HistoryS 47(2) substituted for 47(2) and 47(4), by No 95 of 2002, s 3 Sch 2 item 7, effective 1 July 2003. For continuation provisions see history note under s 23(4). S 47(4) formerly read:
Section subject to other provisions
47(4)
This section is subject to Part 4 (Overpayments and debt recovery) and sections 225 and 226 (which deal with tax debts).HistoryS 47(4) amended by No 45 of 2000, s 3 Sch 2 item 52, by substituting " and 226 (which deal with tax debts) " for " to 228 (which deal with other debts etc) " . For transitional provisions see note under s 7A.
S 47 amended by No 82 of 2007, s 3 and Sch 6 item 32, by substituting " baby bonus " for " maternity payment " (wherever occurring), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:
the claim is taken to be a claim for payment of baby bonus.
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