Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 (82 of 2006)

Schedule 5   Maintenance income credit balances

Part 2   Application and transitional provisions

10   Transitional

(1) In working out whether there is an accrual to a maintenance income credit balance for a day in the 2000-2001, 2001-2002 or 2002-2003 income year, the condition in subclause 24B(3) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 is taken to require that, in relation to the income year for which the accrual is being worked out, the eligible person under subclause 24B(2) of Schedule 1 to that Act does not have a non-lodger debt.

(2) For the purposes of subitem (1), an eligible person has a non-lodger debt in relation to an income year if:

(a) the conditions in subsection 28(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 are satisfied for a determination that relates to the eligible person; and

(b) the Secretary has varied the determination under subsection 28(2) or (6) of that Act; and

(c) because of that variation, the amount of family tax benefit paid in respect of the income year has become a debt under section 71 of that Act; and

(d) as at 1 July 2006, the Secretary has not varied that determination under subsection 28(3) or (4) of that Act.