Family Assistance and Other Legislation Amendment Act 2012 (49 of 2012)

Schedule 6   Other amendments

A New Tax System (Family Assistance) Act 1999

16   After subsection 108(1)

Insert:

Cases involving members of a couple

(1A) If:

(a) the Secretary pays a clean energy advance to an individual in circumstances where the Secretary determined the individual is entitled to the advance under section 103 and where the amount of the advance is not worked out under subsection 105(6); and

(b) the decision day (see subsection 105(1)) is before 1 July 2013; and

(c) on the decision day, the individual is a member of a couple; and

(d) on a day (the trigger day ) after the decision day and before 1 July 2013, the individual's circumstances change; and

(e) the individual is entitled to a further payment of clean energy advance in accordance with an instrument made under subsection (1B);

then the amount of the individual's further clean energy advance is worked out in accordance with an instrument made under subsection (1B) (which may be nil).

(1B) The Minister may, by legislative instrument:

(a) specify the circumstances in which individuals are entitled to further payments of clean energy advances for the purposes of subsection (1A); and

(b) specify a method for working out the amount of further clean energy advances for the purposes of subsection (1A).