Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 2   Clean energy payments under the family assistance law

Part 1   Clean energy advances for individuals

A New Tax System (Family Assistance) (Administration) Act 1999

4   After Division 4C of Part 3

Insert:

Division 4D - Clean energy advance

65J Payment of clean energy advance

(1) Subject to this section, if an individual is entitled to a clean energy advance, the Secretary must pay the advance to the individual 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 advance to be paid; and

(b) in such manner as the Secretary considers appropriate.

Note: The individual does not have to make a claim for the advance.

(2) If:

(a) the decision day (see subsection 105(1) of the Family Assistance Act) or the trigger day (see subsection 108(1) or (2) of that Act), as the case may be, is on or after 1 July 2012 and before 1 July 2013; and

(b) on that day, section 32AA or 32AD of this Act prevents the Secretary from making a payment of family tax benefit to the individual, or the individual's partner, worked out on the basis referred to in subsection 20(1), (2A) or (3) of this Act;

then the Secretary must not pay the clean energy advance to the individual at a time that is earlier than the time family tax benefit is paid to the individual, or the individual's partner, in relation to that day.

(3) If:

(a) the decision day (see subsection 105(1) of the Family Assistance Act) is on or after 1 July 2013; and

(b) in relation to one or more days in the 2012-13 income year, section 32AA or 32AD of this Act prevents the Secretary from making a payment of family tax benefit to the individual, or the individual's partner, worked out on the basis referred to in subsection 20(1), (2A) or (3) of this Act;

then the Secretary must not pay the clean energy advance to the individual at a time that is earlier than the time family tax benefit is paid to the individual, or the individual's partner, in relation to those days.