Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 (50 of 2012)

Schedule 2   Schoolkids bonus

Part 1   Main amendments

A New Tax System (Family Assistance) Act 1999

10   After Division 1 of Part 4

Insert:

Division 1A - Schoolkids bonus

65A Primary school amount and secondary school amount

(1) For the purposes of this Act, the primary school amount is $205.

(2) For the purposes of this Act, the secondary school amount is $410.

65B Amount of schoolkids bonus - general rule for individuals eligible in relation to a child

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

(1) If an individual is eligible under subsection 35UA(1), (2), (3) or (4) for schoolkids bonus on a bonus test day, the amount of schoolkids bonus for the individual for the bonus test day is worked out by adding together the amounts applicable under this section for the bonus test day for each child who is, under subsection 35UD(1), (2), (3) or (4), an eligible child in relation to the individual for the bonus test day.

Note: Section 65C deals with individuals eligible under subsection 35UA(5) (education allowance).

General rule

(2) Subject to this section, the amount applicable for the bonus test day (the current bonus test day ) for an eligible child is:

(a) if the eligible child was aged under 16 on the most recent bonus test day:

(i) the primary school amount; or

(ii) if subsection (3) or (4) applies to the child for the current bonus test day - the secondary school amount; and

(b) if the eligible child was aged 16 or over on the most recent bonus test day - the secondary school amount.

Note: Special rules apply in relation to the bonus test day that is 1 January 2013 (see Part 2 of Schedule 2 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012).

(3) This subsection applies to an eligible child for the bonus test day if:

(a) an amount was applicable under this section in relation to the most recent bonus test day for the eligible child; and

(b) the amount was:

(i) the secondary school amount; or

(ii) an amount worked out under subsection (5) or (6) by calculating a percentage of the secondary school amount.

(4) This subsection applies to an eligible child for the bonus test day if, at any time before the end of the second income year after the income year in which the bonus test day occurs, the Secretary is notified, or otherwise becomes aware, that:

(a) the eligible child undertook full-time study in respect of a secondary course (within the meaning of subsection 543A(2AB) of the Social Security Act 1991) on at least one day during the previous education period for the bonus test day; or

(b) the eligible child undertook an eligible activity on at least one day during the previous education period for the bonus test day.

Note: For eligible activity , see subsection (7).

Reduced amount if rate of family tax benefit took account of an individual's shared care percentage

(5) If:

(a) the individual is eligible under subsection 35UA(1) in relation to a bonus test day; and

(b) the rate referred to in paragraph 35UA(1)(b) on the bonus test day took account of a shared care percentage in relation to an eligible child covered by subsection 35UD(1);

the amount applicable for the bonus test day for the eligible child is that percentage of the amount worked out under subsection (2) for the eligible child for the bonus test day.

Reduced amount if rate of family tax benefit took account of a section 28 or 29 percentage determination

(6) If:

(a) the individual is eligible under subsection 35UA(1) in relation to a bonus test day; and

(b) the rate referred to in paragraph 35UA(1)(b) on the bonus test day took account of a determination under section 28 or 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 bonus test day for the eligible child, or for each of those eligible children, is:

(c) if subsection (5) also applies in relation to the eligible child - that percentage of the amount worked out under subsection (5) for the eligible child for the bonus test day; or

(d) otherwise, the percentage referred to in paragraph (b) of this subsection of the amount worked out under subsection (2) for the eligible child for the bonus test day.

Eligible activity

(7) For the purposes of this section, eligible activity means study, education or an activity of a kind prescribed in a legislative instrument made by the Minister for the purposes of this subsection.

65C Amount of schoolkids bonus - individuals eligible in relation to education allowance

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

(1) The amount of schoolkids bonus for an individual who is eligible under subsection 35UA(5) for schoolkids bonus on a bonus test day is worked out by adding together the amounts applicable under this section for the bonus test day for each child who is, under subsection 35UD(5), an eligible child in relation to the individual for the bonus test day.

Applicable amount

(2) Subject to this section, the amount applicable for a bonus test day for an eligible child is:

(a) if the eligible child is, under subsection 35UD(5), an eligible child in relation to the individual for the most recent bonus test day because an education allowance under:

(i) section 3.2 of the Veteran's Children Education Scheme; or

(ii) section 3.2 of the Military Rehabilitation and Compensation Act Education and Training scheme;

was paid in respect of the eligible child - the primary school amount; or

(b) otherwise - the secondary school amount.

Reduced amount for part of education allowance

(3) If:

(a) subsection 35UA(5) applies in circumstances where the individual was paid a part (the applicable part ) of the allowance concerned in relation to an eligible child and a bonus test day; and

(b) that individual or another individual was paid another part of the allowance concerned in relation to the eligible child and the bonus test day;

the amount applicable for the bonus test day for the eligible child is worked out as follows:

(Amount of applicable part / Amount of allowance concerned) x Relevant amount

where:

relevant amount means the amount worked out under subsection (2) for the eligible child for the bonus test day.

65D Amount of schoolkids bonus - individuals eligible in relation to school leavers

(1) If an individual is eligible under section 35UC for schoolkids bonus on a bonus test day, the amount of schoolkids bonus for the individual for the bonus test day is worked out by adding together the amounts applicable under this section for the bonus test day for each child who is, under subsection 35UD(6), an eligible child in relation to the individual for the bonus test day.

(2) Subject to this section, the amount applicable for the bonus test day for an eligible child is the secondary school amount.

(3) The instrument made under section 35UC may make provision for the amount worked out under subsection (2) of this section for an eligible child for a bonus test day to be varied in accordance with the instrument, in the following circumstances:

(a) if a shared care percentage applied in relation to the eligible child;

(b) if there is a determination under section 28 or 29 of a particular percentage in relation to the eligible child;

(c) circumstances in which the Minister considers it appropriate to vary the amount.

(4) If the instrument made under section 35UC provides for the amount worked out under subsection (2) of this section for an eligible child for a bonus test day to be varied, the amount applicable for the bonus test day for the eligible child is the amount as varied.

65E Amount of schoolkids bonus - individuals eligible under section 35UE or 35UF

The amount of schoolkids bonus for an individual who is eligible under section 35UE or 35UF for schoolkids bonus on a bonus test day is the secondary school amount.

65F Amount of schoolkids bonus - individuals eligible under section 35UG

If the Secretary makes a determination under subsection 35UG(1) that an individual is eligible for schoolkids bonus on a bonus test day, the amount of the schoolkids bonus is the amount referred to in subparagraph 35UG(1)(b)(i) or (ii) (as the case requires).