Family Assistance and Other Legislation Amendment Act 2013 (70 of 2013)

Schedule 2A   Replacement of baby bonus from 1 March 2014

Part 2   Stillborn baby payment

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

32   Sections 36 to 38

Repeal the sections, substitute:

36 Need for a claim

The only way that a person can become entitled to be paid a stillborn baby payment is to make a claim in accordance with this Division.

37 Who can claim

The only persons who can make a claim in accordance with this Division are individuals.

38 How to claim

(1) An individual (the claimant ) may make a claim for payment of:

(a) a stillborn baby payment in normal circumstances; or

(b) a stillborn baby payment because of the death of another individual.

(2) A claim is not effective unless:

(a) the claim:

(i) is made in a form and manner; and

(ii) contains any information; and

(iii) is accompanied by any documents;

required by the Secretary; and

(b) in the case of a claim for a stillborn baby payment in normal circumstances - the claim contains an estimate of the sum of:

(i) the individual's adjusted taxable income; and

(ii) if the individual is a member of a couple on the day the claim is made - the adjusted taxable income of the individual's partner;

for the 6-month period mentioned in paragraph 36(1)(d) of the Family Assistance Act; and

(c) in the case of a claim for a stillborn baby payment in normal circumstances - the tax file number requirement in section 38A has been satisfied in relation to the claim; and

(d) in the case of a claim for a stillborn baby payment because of the death of another individual - the tax file number requirement in section 38B has been satisfied in relation to the claim.

Estimate of adjusted taxable income

(3) For the purposes of paragraph (2)(b):

(a) a reference in Schedule 3 to the Family Assistance Act to an income year is taken to be a reference to the 6-month period referred to in that paragraph; and

(b) disregard subclause 2(2) and clauses 3 and 3A of that Schedule.