Family Assistance Legislation Amendment (More Help for Families - One-off Payments) Act 2004 (60 of 2004)

Schedule 1   One-off payments to families

Part 1   Main amendments

A New Tax System (Family Assistance) Act 1999

2   After Part 4

Insert:

Part 5 - One-off payment to families

86 When is an individual entitled to a one-off payment to families?

(1) An individual (the entitled individual ) is entitled to a one-off payment to families if subsection (2), (3) or (4) applies to the individual.

(2) This subsection applies to the individual if:

(a) on 11 May 2004, a determination under subsection 16(2) of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and

(b) the daily rate (the applicable section 16 rate ) of family tax benefit that was determined in the determination and applicable to 11 May 2004 consisted of or included a Part A rate greater than nil.

(3) This subsection applies to the individual (the recipient ) if the recipient has been paid one or more instalments of youth allowance in relation to which the following conditions are satisfied:

(a) the instalment was in respect of a period that included 11 May 2004;

(b) the instalment was of another individual who, on 11 May 2004, was under 18 years of age and was not independent (within the meaning of Part 3.5 of theSocial Security Act 1991);

(c) the instalment was paid to the recipient:

(i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999; or

(ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999.

(4) This subsection applies to the individual if:

(a) neither of subsections (2) and (3) applies to the individual; and

(b) on 11 May 2004, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and

(c) the determination determined a daily rate of family tax benefit for the whole, or part, of the 2002-03 income year that consisted of or included a Part A rate greater than nil.

The rate applicable to the last day in the 2002-03 income year in relation to which the determination determined a daily rate as mentioned in paragraph (c) is the applicable section 17 rate .

87 In respect of what children is the payment payable?

Each of the following is an eligible child in relation to the entitled individual:

(a) if subsection 86(2) applies to the entitled individual (whether or not subsection 86(3) also applies) - each FTB child taken into account in determining the applicable section 16 rate;

(b) if subsection 86(3) applies to the entitled individual (whether or not subsection 86(2) also applies) - the other individual, or each other individual, referred to in paragraph 86(3)(b);

(c) if subsection 86(4) applies to the entitled individual - each FTB child taken into account in determining the applicable section 17 rate.

88 What is the amount of the payment?

Add together the amounts applicable under this section for each eligible child

(1) The amount of the one-off payment to the entitled individual is worked out by adding together the amounts applicable under this section for each eligible child.

Amount is $600 unless another subsection applies

(2) Subject to this section, the amount applicable for an eligible child is $600.

Reduced amount if applicable section 16 or 17 rate took account of a subsection 59(1) percentage determination

(3) If the applicable section 16 rate, or the applicable section 17 rate, took account of a determination under subsection 59(1) of a particular percentage in relation to an eligible child covered by paragraph 87(a) or (c), the amount applicable for the eligible child is that percentage of $600.

Reduced amount if applicable section 16 or 17 rate took account of a section 28 percentage determination

(4) If the applicable section 16 rate, or the applicable section 17 rate, took account of a determination under section 28 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children) - the amount applicable for the eligible child, or for each of those eligible children, is:

(a) unless paragraph (b) applies - that percentage of $600; or

(b) if subsection (3) also applies in relation to the eligible child - that percentage of the amount worked out under subsection (3) for the eligible child.

Reduced amount if applicable section 17 rate took account of a section 29 percentage determination

(5) If the applicable section 17 rate took account of a determination under section 29 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children) - the amount applicable for the eligible child, or for each of those eligible children, is:

(a) unless paragraph (b) applies - that percentage of $600; or

(b) if subsection (3) also applies in relation to the eligible child - that percentage of the amount worked out under subsection (3) for the eligible child.