Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011 (53 of 2011)

Schedule 1   Family tax benefit advance

Part 1   Amendments

A New Tax System (Family Assistance) Act 1999

6   Clause 5 of Schedule 1

Repeal the clause, substitute:

5 Family tax benefit advance to individual

(1) If:

(a) an individual is entitled to be paid family tax benefit by instalment; and

(b) the individual is paid a family tax benefit advance; and

(c) the individual has not repaid the whole of the advance; and

(d) the amount of unrepaid family tax benefit advance is not an FTB advance debt;

then, subject to clauses 44 and 49, the individual’s Part A rate (as reduced (if at all) under clauses 38J and 38K) is to be reduced in accordance with Division 4 of Part 5 (clauses 40 to 51).

(2) If an individual satisfies paragraphs (1)(a) to (d) for more than one family tax benefit advance, the individual’s Part A rate is to be reduced under subclause (1) for each of those advances.


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