[pic] A New Tax System (Family Assistance) Act 1999 Act No. 80 of 1999 as amended This compilation was prepared on 14 May 2012 taking into account amendments up to Act No. 141 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 Part 2-Interpretation 2 Division 1-Definitions 2 3 Definitions 2 3AA Meaning of receiving affected by suspension of certain schooling requirement payments 17 3A An individual may be in the care of 2 or more other individuals at the same time 18 3B Meaning of paid work and returns to paid work 18 3C Meaning of studying overseas full-time 20 Division 2-Immunisation rules 21 4 Minister's power to make determinations for the purposes of the definition of immunised 21 5 Meaning of conscientious objection 21 6 Immunisation requirements 21 7 Minister may make determinations in relation to the immunisation requirements 23 Division 3-Various interpretative provisions 24 8 Extended meaning of Australian resident-hardship and special circumstances 24 9 Session of care 24 10 Effect of absence of child from care of approved child care service other than an approved occasional care service 25 10A Effect of absence of child from care of approved child care service that is an approved occasional care service 27 11 Minister may make determinations in relation to the absence of child from child care 27 12 Effect of absence of child from care of registered carer 27 13 School holidays 28 14 Meaning of satisfies the work/training/study test 28 15 Work/training/study test-recognised work or work related commitments 29 16 Work/training/study test-recognised training commitments 29 17 Work/training/study test-recognised study commitments 29 17A Activity requirements for claims for child care benefit for care provided by approved child care service 30 17B FTB activity test 31 18 Meaning of school child 33 19 Maintenance income 33 Division 4-Approved care organisations 35 20 Approval of organisations providing residential care services to young people 35 Part 3-Eligibility for family assistance 36 Division 1-Eligibility for family tax benefit 36 Subdivision A-Eligibility of individuals for family tax benefit in normal circumstances 36 21 When an individual is eligible for family tax benefit in normal circumstances 36 22 When an individual is an FTB child of another individual 37 22A Exceptions to the operation of section 22 39 22B Meaning of senior secondary school child 40 23 Effect of FTB child ceasing to be in individual's care without consent 42 24 Effect of certain absences of FTB child etc. from Australia 44 25 Effect of an individual's percentage of care for a child being less than 35% 46 25A Regular care child for each day in care period 46 26 Only 1 member of a couple eligible for family tax benefit 46 27 Extension of meaning of FTB or regular care child in a blended family case 46 28 Eligibility for family tax benefit of members of a couple in a blended family 47 29 Eligibility for family tax benefit of separated members of a couple for period before separation 48 Subdivision B-Eligibility of individuals for family tax benefit where death occurs 48 31 Continued eligibility for family tax benefit if an FTB or regular care child dies 48 32 Eligibility for a single amount of family tax benefit if an FTB or regular care child dies 49 33 Eligibility for family tax benefit if an eligible individual dies 50 Subdivision C-Eligibility of approved care organisations for family tax benefit 52 34 When an approved care organisation is eligible for family tax benefit 52 35 When an approved care organisation is not eligible for family tax benefit 52 Subdivision D-Determination of percentage of care 54 35A Determination of percentage of care-child is not in the adult's care 54 35B Determination of percentage of care-child is in the adult's care 55 35C Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with 56 35D Percentage of care if action taken to make a new care arrangement in relation to a child 57 35E Application of sections 35C and 35D in relation to claims for family tax benefit for a past period 58 35F Sections 35C and 35D do not apply in certain circumstances 59 35G Percentage of care if claim is made for payment of family tax benefit because of the death of a child 60 35H When an individual has reduced care of a child 60 35J Working out actual care, and extent of care, of a child 60 35K Days to which the percentage of care applies if sections 35C and 35D did not apply in relation to an individual etc. 61 35L Days to which the percentage of care applies if section 35C or 35D applied in relation to an individual 62 35M Rounding of a percentage of care 63 35N Guidelines about the making of determinations 63 Subdivision E-Revocation of determination of percentage of care 63 35P Determination must be revoked if there is a change to the individual's shared care percentage etc. 63 35Q Secretary may revoke a determination of an individual's percentage of care 64 35R Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period 65 35S Guidelines about the revocation of determinations 65 Subdivision F-Percentages of care determined under the child support law 66 35T Percentages of care determined under the child support law that apply for family assistance purposes 66 35U Reviews of percentages of care under child support law apply for family assistance purposes 67 Division 2-Eligibility for baby bonus 69 Subdivision A-Eligibility of individuals for baby bonus in normal circumstances 69 36 When an individual is eligible for baby bonus in normal circumstances 69 36A Effect of favourable review of payability determinations etc. for parental leave pay 75 37 Generally only one individual eligible for baby bonus in respect of a child 76 Subdivision B-Eligibility of individuals for baby bonus where death occurs 77 38 What happens if an individual eligible for baby bonus dies 77 Division 3-Eligibility for maternity immunisation allowance 78 Subdivision A-Eligibility of individuals for maternity immunisation allowance in normal circumstances 78 39 When an individual is eligible for maternity immunisation allowance in normal circumstances 78 Subdivision B-Eligibility of individuals for maternity immunisation allowance where death occurs 83 40 What happens if an individual eligible for maternity immunisation allowance dies 83 Division 4-Eligibility for child care benefit 84 41 Overview of Division 84 Subdivision A-Eligibility of an individual for child care benefit by fee reduction for care provided by an approved child care service 84 42 When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service 84 43 When an individual is eligible for child care benefit by fee reduction for care provided by an approved child care service 86 Subdivision B-Eligibility of an individual for child care benefit for a past period for care provided by an approved child care service 87 44 When an individual is eligible for child care benefit for a past period for care provided by an approved child care service 87 Subdivision C-Eligibility of an individual for child care benefit for a past period for care provided by a registered carer 89 45 When an individual is eligible for child care benefit for a past period for care provided by a registered carer 89 Subdivision D-Eligibility of an individual for child care benefit by single payment/in substitution because of the death of another individual 91 46 Eligibility for child care benefit if a conditionally eligible or eligible individual dies 91 Subdivision E-Eligibility of an approved child care service for child care benefit by fee reduction for care provided by the service to a child at risk 92 47 When an approved child care service is eligible for child care benefit by fee reduction for care provided to a child at risk 92 Subdivision F-Limitations on conditional eligibility or eligibility for child care benefit for care provided by an approved child care service or a registered carer that do not relate to hours 93 48 No multiple eligibility for same care 93 49 Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children 93 50 Person not eligible for child care benefit while an approved child care service's approval is suspended 94 51 Approved child care service not eligible for care provided to a child at risk if Minister so determines 94 Subdivision G-Limitations on eligibility for child care benefit for care provided by an approved child care service relating to hours 95 52 Limit on eligibility for child care benefit relating to hours 95 53 Weekly limit of hours 96 54 Circumstances when a limit of 50 hours applies 97 55 Circumstances when a limit of more than 50 hours applies 101 56 Circumstances when 24 hour care limit applies 104 57 Secretary's determination of sole provider 107 57A Minister to determine which hours in sessions of care are to count towards the limits 108 57B Minister may determine rules 109 57C Certificates to be given and decisions and determinations to be made in accordance with rules 109 57E Meaning of work/disability test 109 Division 5-Eligibility for child care rebate 111 57EAA Eligibility for child care rebate-for a week 111 57EA Eligibility for child care rebate-for a quarter 112 57F Eligibility for child care rebate-for an income year or a period 114 Division 6-Eligibility for single income family supplement 117 Subdivision A-Eligibility of individuals for single income family supplement in normal circumstances 117 57G When an individual is eligible for single income family supplement in normal circumstances 117 57GA Only one member of a couple eligible for single income family supplement 119 57GB Extension of meaning of qualifying child in a blended family case 119 57GC Eligibility for single income family supplement of members of a couple in a blended family 120 57GD Eligibility for single income family supplement of separated members of a couple for period before separation 121 Subdivision B-Eligibility of individuals for single income family supplement where death occurs 121 57GE Continued eligibility for single income family supplement if a qualifying child dies 121 57GF Eligibility for a single amount of single income family supplement if a qualifying child dies 122 57GG Eligibility for single income family supplement if an eligible individual dies 122 Part 4-Rate of family assistance 125 Division 1-Family tax benefit 125 58 Rate of family tax benefit 125 58A Election to receive clean energy supplements quarterly 126 59 Shared care percentages where individual is FTB child of more than one person who are not members of the same couple 127 59A Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple 127 60 Sharing family tax benefit between members of a couple in a blended family 128 61 Sharing family tax benefit between separated members of a couple for period before separation 128 61A FTB Part A supplement to be disregarded unless health check requirement satisfied 128 62 Effect on individual's rate of the individual's absence from Australia 131 63 Effect on family tax benefit rate of FTB child's absence from Australia 133 63AA Regular care child's absence from Australia-meaning of absent overseas regular care child 135 63A Secretary may extend 13 week period of absence from Australia 136 64 Calculation of rate of family tax benefit for death of FTB or regular care child 138 65 Calculation of single amount for death of FTB or regular care child 138 Division 2-Baby bonus 141 66 Amount of baby bonus 141 66A Amount of baby bonus to take into account parental leave pay of others 141 Division 3-Maternity immunisation allowance 142 67 Amount of maternity immunisation allowance 142 68 When the maternity immunisation allowance is shared 143 Division 4-Child care benefit 144 Subdivision A-Overview of Division 144 69 Overview of Division 144 Subdivision B-General provisions relating to rate of fee reductions and child care benefit for care provided by an approved child care service 145 70 Application of Subdivision to parts of sessions of care 145 71 Weekly limit on child care benefit for care provided by an approved child care service 145 72 Weekly limit on rate of fee reductions while individual is conditionally eligible for care provided by an approved child care service 146 73 Rate of fee reductions or child care benefit-individual conditionally eligible or eligible under section 43 146 74 Rate of child care benefit-individual eligible under section 44 148 75 Rate of child care benefit-approved child care service if child at risk 148 Subdivision C-Rate of fee reductions and child care benefit if care provided by an approved child care service and child is at risk or individual is in hardship 148 76 Fee reductions or child care benefit rate certified by an approved child care service 148 77 Limitation on service giving certificates for child at risk-13 weeks only 149 78 Limitation on service giving certificates for individual in hardship-13 weeks only 150 79 Limitation on service giving certificates-reporting period limit 150 80 Limitation on service giving certificates for individuals on grounds of hardship-Secretary imposes limit 151 81 Fee reductions or child care benefit rate determined by the Secretary 152 82 Certificate and determination to be made according to rules 155 Subdivision CA-Special grandparent rate 156 82A Special grandparent rate 156 Subdivision D-Care provided by registered carer 156 83 Rate of child care benefit for care provided by registered carer 156 84 Weekly limit on child care benefit for care provided by a registered carer 156 Division 4A-Child care rebate 158 Subdivision AA-Child care rebate for a week 158 84AAA Amount of the child care rebate-for a week 158 84AAB Component of formula-approved child care fees 159 84AAC Component of formula-reduction percentage 160 84AAD Component of formula-Secretary determines that step 4 amount not to be reduced 160 Subdivision A-Child care rebate for a quarter 161 84AA Amount of the child care rebate-for a quarter 161 84AB Component of formula-approved child care fees 162 84AC Component of formula-base week 163 Subdivision B-Child care rebate for an income year 163 84A Amount of the child care rebate-for an income year 163 84B Component of formula-approved child care fees 164 84C Component of formula-base week 165 84D Component of formula-amount of the individual's entitlement to child care benefit 166 Subdivision BA-Child care rebate relating to child care benefit in substitution 166 84DA Amount of the child care rebate-relating to child care benefit in substitution 166 84DB Component of formula-approved child care fees 168 84DC Component of formula-base week 168 84DD Component of formula-amount of the substitute individual's entitlement to child care benefit 169 Subdivision C-Common components of each formula 170 84A Component of each formula-Jobs Education and Training (JET) Child Care fee assistance 170 84F Component of each formula-child care rebate limit 170 Division 4B-Rate of single income family supplement 171 84G Rate of single income family supplement 171 84GA Sharing single income family supplement between members of a couple in a blended family 172 84GB Sharing single income family supplement between separated members of a couple for period before separation 173 Division 5-Indexation 174 85 Indexation of amounts 174 Part 5-One-off payment to families 175 86 When is an individual entitled to a one-off payment to families? 175 87 In respect of what children is the payment payable? 176 88 What is the amount of the payment? 176 Part 6-Economic security strategy payment to families 178 Division 1-Entitlements in respect of eligible children 178 89 When is an individual entitled to an economic security strategy payment to families? 178 90 In respect of what children is the payment payable? 181 91 What is the amount of the payment? 182 92 General rules 183 Division 2-Other entitlements 185 93 When is an individual entitled to an economic security strategy payment to families? 185 94 What is the amount of the payment? 186 Part 7-Back to school bonus and single income family bonus 187 Division 1-Back to school bonus 187 Subdivision A-Entitlements in relation to eligible children 187 95 When is an individual entitled to a back to school bonus? 187 96 In respect of what children is the bonus payable? 188 97 What is the amount of the bonus? 189 Subdivision B-Other entitlements 190 98 When is an individual entitled to a back to school bonus? 190 99 What is the amount of the bonus? 190 Subdivision C-General rules 190 100 General rules 190 Division 2-Single income family bonus 191 101 When is an individual entitled to a single income family bonus? 191 102 What is the amount of the bonus? 192 Part 8-Clean energy advances 194 Division 1-Entitlement to clean energy advances 194 103 Entitlement in normal circumstances 194 104 Entitlement where death occurs 196 Division 2-Amount of clean energy advance 197 105 Amount of advance where entitlement under section 103 197 106 Clean energy daily rate 199 107 Amount of advance where entitlement under section 104 201 Division 3-Top-up payments of clean energy advance 202 108 Top-up payments of clean energy advance 202 Division 4-General rules 204 109 General rules 204 Schedule 1-Family tax benefit rate calculator 205 Part 1-Overall rate calculation process 205 1 Overall rate calculation process 205 2 Higher income free area 206 Part 2-Part A rate (Method 1) 207 Division 1-Overall rate calculation process 207 3 Method of calculating Part A rate 207 4 Base rate 208 5 Family tax benefit advance to individual 208 6 Components of Part A rates under this Part 209 Division 2-Standard rate 210 7 Standard rate 210 8 Base FTB child rate 210 9 FTB child rate-recipient of other periodic payments 211 10 Effect of maintenance rights 211 11 Sharing family tax benefit (shared care percentages) 211 Division 5-Maintenance income test 212 Subdivision A-Maintenance income test 212 19A Extended meaning of receiving maintenance income 212 19AA References to applying for maintenance income 212 19B Application of maintenance income test to certain pension and benefit recipients and their partners 212 20 Effect of maintenance income on family tax benefit rate 213 20A Annualised amount of maintenance income 214 20B Working out amounts of child maintenance using notional assessments 218 20C Working out amounts of child maintenance in relation to lump sum payments 221 21 Maintenance income of members of couple to be added 222 22 How to calculate an individual's maintenance income free area 222 23 Only maintenance actually received taken into account in applying clause 22 223 24 Apportionment of capitalised maintenance income 223 Subdivision B-Maintenance income credit balances 225 24A Maintenance income credit balances 225 24B Accruals to a maintenance income credit balance 226 24C Amount of accrual to a maintenance income credit balance 227 24D Global maintenance entitlement of an eligible person 230 24E Depletions from a maintenance income credit balance 231 24EA Amounts due under notional assessments 232 Subdivision C-Maintenance income ceiling for Method 1 233 24F Subdivision not always to apply 233 24G Overall method for working out maintenance income ceiling for Method 1 233 24H How to work out an individual's above base standard amount 234 24J How to work out an individual's RA (rent assistance) amount 234 24K How to work out an individual's MIFA (maintenance income free area) amount 235 24L How to work out an individual's maintenance income ceiling 236 Subdivision D-Maintenance income ceiling for purposes of comparison for Method 2 236 24M Subdivision not always to apply 236 24N Overall method for working out maintenance income ceiling for purposes of comparison for Method 2 237 24P How to work out an individual's standard amount 237 24Q How to work out an individual's LFS (large family supplement) amount 238 24R How to work out an individual's supplement amount 239 24S How to work out an individual's maintenance income ceiling 239 Part 3-Part A rate (Method 2) 240 Division 1-Overall rate calculation process 240 25 Method of calculating Part A rate 240 25A Family tax benefit advance to individual 241 25B Components of Part A rates under this Part 241 Division 2-Standard rate 242 26 Standard rate 242 27 Sharing family tax benefit (shared care percentages) 242 Division 3-Income test 243 28 Income test 243 Part 3A-Part A rate (Method 3) 244 28A Method of calculating Part A rate 244 Part 4-Part B rate 245 Division 1-Overall rate calculation process 245 Subdivision AA-When Part B rate is nil 245 28B Adjusted taxable income exceeding $150,000 245 28C Paid parental leave 245 Subdivision A-General method of calculating Part B rate 245 29 General method of calculating Part B rate 245 Subdivision B-Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 247 29A Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 247 29B Conditions to be met in respect of an FTB child 248 29C Conditions to be met in respect of a day 250 Division 2-Standard rate 251 30 Standard rate 251 31 Sharing family tax benefit (shared care percentages) 251 Division 2A-FTB Part B supplement 253 31A Rate of FTB Part B supplement 253 Division 2B-Clean energy supplement (Part B) 254 31B Clean energy supplement (Part B) 254 31C Sharing family tax benefit (shared care percentages) 255 Division 3-Income test 256 32 Income test 256 33 Income free area 256 Part 5-Common provisions 257 Division 1-Large family supplement 257 34 Eligibility for large family supplement 257 35 Rate of large family supplement 257 Division 2-Multiple birth allowance 258 36 Eligibility for multiple birth allowance 258 37 Rate of multiple birth allowance 258 38 Sharing multiple birth allowance (determinations under section 59A) 258 Division 2A-FTB Part A supplement 259 38A Rate of FTB Part A supplement 259 Division 2AA-Clean energy supplement (Part A) 260 Subdivision A-Clean energy supplement (Part A-Method 1) 260 38AA Clean energy supplement (Part A-Method 1) 260 38AB Base FTB clean energy child amount 261 38AC FTB clean energy child amount-recipient of other periodic payments 261 38AD Effect of maintenance rights 262 38AE Sharing family tax benefit (shared care percentages) 262 Subdivision B-Clean energy supplement (Part A-Method 2) 262 38AF Clean energy supplement (Part A-Method 2) 262 38AG Sharing family tax benefit (shared care percentages) 263 Division 2B-Rent assistance 264 Subdivision A-Rent assistance 264 38B Rent assistance children 264 38C Eligibility for rent assistance 264 38D Rate of rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer 266 38E Rate of rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children 268 38F Annual rent 269 38G Rent paid by a member of a couple 269 38H Rent paid by a member of an illness separated, respite care or temporarily separated couple 269 Subdivision B-Offsetting for duplicate rent assistance 270 38J Offsetting for duplicate rent assistance under family assistance and social security law 270 38K Offsetting for duplicate rent assistance under family assistance and veterans' entitlements law 272 Division 2C-Income test 275 38L Application of income test to pension and benefit recipients and their partners 275 38M Income test 275 38N Income free area 275 Division 3-Certain recipients of pensions under the Veterans' Entitlements Act 276 39 Rate of benefit for certain recipients of pensions under the Veterans' Entitlements Act 276 Division 4-Reduction for family tax benefit advance 281 40 Reduction for family tax benefit advance 281 41 Standard reduction 282 42 Secretary determines shorter repayment period 282 43 Part A rate insufficient to cover reduction-single family tax benefit advance 283 44 Part A rate insufficient to cover reduction-multiple family tax benefit advances 283 45 Part A rate insufficient to cover reduction-discretion to create FTB advance debt 285 46 Changing the repayment period-individual requests shorter period 285 47 Changing the repayment period-individual requests longer period 286 48 Changing the repayment period-recalculation of amount of unrepaid family tax benefit advance 287 49 Suspension of repayment period 288 50 Repayment of family tax benefit advance by another method 289 51 Recalculation of amount of unrepaid family tax benefit advance 289 Schedule 2-Child care benefit rate calculator 291 Part 1-Overall rate calculation process 291 1 Method of calculating rate of child care benefit 291 2 Adjustment percentage 291 3 Number of children in care of a particular kind 293 Part 2-Standard hourly rate 295 4 Standard hourly rate-basic meaning 295 Part 3-Multiple child % 297 5 Multiple child % 297 Part 4-Taxable income % 298 6 Income thresholds 298 7 Method of calculating taxable income % 298 8 Taxable income % if adjusted taxable income exceeds lower income threshold and if neither individual nor partner on income support 298 8A Special provision for certain recipients of pensions under the Veterans' Entitlements Act 299 9 Income threshold 302 10 Taper % 302 11 Maximum weekly benefit 303 Schedule 3-Adjusted taxable income 305 1 Adjusted taxable income relevant to family tax benefit and child care benefit 305 2 Adjusted taxable income 305 3 Adjusted taxable income of members of couple 306 3A Working out adjusted taxable income in certain cases where individuals cease to be members of a couple 306 4 Adjusted fringe benefits total 307 5 Target foreign income 308 7 Tax free pension or benefit 309 8 Deductible child maintenance expenditure 310 Schedule 4-Indexation and adjustment of amounts 313 Part 1-Preliminary 313 1 Analysis of Schedule 313 2 Indexed and adjusted amounts 313 Part 2-Indexation 317 3 CPI Indexation Table 317 3A One-off 6-month indexation of FTB gross supplement amount (B) for 2005-2006 income year 328 4 Indexation of amounts 329 5 Indexation factor 329 6 Rounding off indexed amounts 330 Part 4-Transitional indexation provisions 331 9 Adjustment of amounts following 10% increase to maximum rent assistance amounts 331 10 Adjustment of indexation factor for certain amounts on and after 1 July 2013 333 11 Adjustment of indexation factor for certain amounts on and after 1 July 2014 334 Notes 337 An Act to implement A New Tax System by providing assistance to families, and for related purposes Part 1-Preliminary 1 Short title [see Note 1] This Act may be cited as the A New Tax System (Family Assistance) Act 1999. 2 Commencement [see Note 1] (1) This Act commences, or is taken to have commenced: (a) after all the provisions listed in subsection (2) have commenced; and (b) on the last day on which any of those provisions commenced. (2) These are the provisions: (a) section 1-2 of the A New Tax System (Goods and Services Tax) Act 1999; (b) section 2 of the A New Tax System (Goods and Services Tax Imposition-Excise) Act 1999; (c) section 2 of the A New Tax System (Goods and Services Tax Imposition-Customs) Act 1999; (d) section 2 of the A New Tax System (Goods and Services Tax Imposition-General) Act 1999; (e) section 2 of the A New Tax System (Goods and Services Tax Administration) Act 1999. Part 2-Interpretation Division 1-Definitions 3 Definitions (1) In this Act, unless the contrary intention appears: 24 hour care has the meaning given in subsection (5). 24 hour care limit, in respect of a week and child, means a limit of: (a) one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and (b) all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period. 24 hour care period means a period of time that is at least 24 consecutive hours but less than 48 consecutive hours. absence, in relation to care provided by an approved child care service, has a meaning affected by sections 10 and 10A. absent overseas FTB child has the meaning given by section 63. absent overseas recipient has the meaning given by section 62. absent overseas regular care child has the meaning given by section 63AA. adjusted taxable income has the meaning given by Schedule 3. aged care resident has the same meaning as in the Social Security Act 1991. amount of rent paid or payable has the same meaning as in the Social Security Act 1991. application day has the meaning given by subsections 35K(2) and (3). approved care organisation means an organisation approved by the Secretary under section 20. approved course of education or study has the meaning given by subsection 541B(5) of the Social Security Act 1991 for the purposes of paragraph (1)(c) of that section. Australian Immunisation Handbook means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service. Australian resident has the same meaning as in the Social Security Act 1991. authorised party, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in respect of the adoption, is authorised to conduct negotiations or arrangements for the adoption of children. baby bonus means the payment for which an individual is eligible under Division 2 of Part 3. back to school bonus means a payment to which an individual is entitled under section 95 or 98. base FTB child rate, in relation to an FTB child of an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 8 of that Schedule. base rate, in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 4 of that Schedule. benefit received by an individual has a meaning affected by paragraph 19(2)(b). capitalised maintenance income, in relation to an individual, means maintenance income (other than child maintenance to which clause 20B or 20C of Schedule 1 applies) of the individual: (a) that is neither a periodic amount nor a benefit provided on a periodic basis; and (b) the amount or value of which exceeds $1,500. Note: Periodic amount is defined in section 19. care arrangement in relation to a child means: (a) a written agreement between the parents of the child, or between a parent of the child and another person who cares for the child, that relates to the care of the child; or (b) a parenting plan for the child; or (c) any of the following orders relating to the child: (i) a family violence order within the meaning of section 4 of the Family Law Act 1975; (ii) a parenting order within the meaning of section 64B of that Act; (iii) a State child order registered in accordance with section 70D of that Act; (iv) an overseas child order registered in accordance with section 70G of that Act. care period has the meaning given by subparagraph 35A(1)(a)(ii) or (2)(b)(ii) or paragraph 35B(1)(a) or (2)(b). change of care day for an individual who cares for a child means: (a) if a determination of the individual's percentage of care for the child has been revoked under Subdivision E of Division 1 of Part 3-the first day on which the care of the child that was actually taking place ceased to correspond with the individual's percentage of care for the child under the determination; or (b) otherwise-the first day on which the care of the child that was actually taking place ceased to correspond with the individual's extent of care under a care arrangement that applies in relation to the child. child care benefit means the benefit for which a person is eligible under Division 4 of Part 3. child care rebate means the rebate for which a person is eligible under Division 5 of Part 3. child support means financial support under the Child Support (Assessment) Act 1989 and includes financial support: (a) by way of lump sum payment; or (b) by way of transfer or settlement of property. child support agreement has the meaning given by section 81 of the Child Support (Assessment) Act 1989. child support care determination has the meaning given by paragraph 35T(1)(b). clean energy advance means an advance to which an individual is entitled under Division 1 or 3 of Part 8. compliance penalty period has the same meaning as in the Social Security Act 1991. conscientious objection, in relation to the immunisation of a child, has the meaning given by section 5. current figure, as at a particular time and in relation to an amount that is to be indexed or adjusted under Schedule 4, means: (a) if the amount has not yet been indexed or adjusted under Schedule 4 before that time-the amount; and (b) if the amount has been indexed or adjusted under Schedule 4 before that time-the amount most recently substituted for the amount under Schedule 4 before that time. disability expenses maintenance has the meaning given by subsection 19(3). disabled person means a person who is: (a) receiving a disability support pension under Part 2.3 of the Social Security Act 1991; or (b) receiving an invalidity pension under Division 4 of Part III of the Veterans' Entitlements Act 1986; or (c) participating in an independent living program provided by CRS Australia or such other body determined by the Minister, by legislative instrument, for the purposes of this paragraph; or (d) diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or (e) included in a class of persons determined by the Minister, by legislative instrument, to be a disabled person for the purposes of this paragraph. economic security strategy payment to families means a payment to which an individual is entitled under section 89 or 93. eligible for parental leave pay has the same meaning as in the Paid Parental Leave Act 2010. exempt from the FTB activity test: an individual is exempt from the FTB activity test in the circumstances mentioned in subsection 17B(2). family assistance means: (a) family tax benefit; or (b) baby bonus; or (c) maternity immunisation allowance; or (d) child care benefit; or (da) child care rebate; or (e) family tax benefit advance; or (f) single income family supplement. family law order means: (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or (b) a family violence order within the meaning of section 4 of that Act; or (c) a State child order registered under section 70D of that Act; or (d) an overseas child order registered under section 70G of that Act. family tax benefit means the benefit for which a person is eligible under Division 1 of Part 3. FTB child: (a) in relation to family tax benefit-has the meaning given in Subdivision A of Division 1 of Part 3; and (b) in relation to child care benefit-has the meaning given in Subdivision A of Division 1 of Part 3 but: (i) in applying Subdivision D of that Division to child care benefit, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of child care benefit; and (ii) in applying subsections 24(4) and (6) to child care benefit, the references in those subsections to eligibility for family tax benefit are to be read as references to eligibility, or conditional eligibility, for child care benefit; and (c) in relation to baby bonus-has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to baby bonus, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of baby bonus; and (d) in relation to maternity immunisation allowance-has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to maternity immunisation allowance, a reference in that Subdivision to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of maternity immunisation allowance; and (e) in relation to single income family supplement-has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to that supplement in a case where a claim for that supplement is required for there to be an entitlement to be paid that supplement, a reference in Subdivision D of that Division to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of that supplement. holder, in relation to a visa, has the same meaning as in the Migration Act 1958. illness separated couple has the same meaning as in the Social Security Act 1991. immunised, in relation to a child, means the child is immunised in accordance with: (a) a standard vaccination schedule determined under section 4; or (b) a catch up vaccination schedule determined under section 4. income support supplement has the same meaning as in the Social Security Act 1991. Income Tax Assessment Act means the Income Tax Assessment Act 1997. income year has the same meaning as in the Income Tax Assessment Act. index number has the same meaning as in the Social Security Act 1991. ineligible homeowner has the same meaning as in the Social Security Act 1991. interim period has the meaning given by subsection 35L(2). lower income threshold for child care benefit has the meaning given by subclause 6(2) of Schedule 2. maintenance includes child support. maintenance agreement means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement. maintenance income, in relation to an individual, means: (a) child maintenance-any one or more of the following amounts: (i) if clause 20B of Schedule 1 applies (notional assessments for child support agreements)-the amount worked out under that clause; (ii) if clause 20C of Schedule 1 applies (lump sum payments)-the amount worked out under that clause; (iii) otherwise-the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from a parent or relationship parent of the child, or the former partner of a parent or relationship parent of the child; or (b) partner maintenance-that is, the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's former partner; or (c) direct child maintenance-that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child's own maintenance and is received from: (i) a parent or relationship parent of the child; or (ii) the former partner of a parent or relationship parent of the child; but does not include disability expenses maintenance. Note: This definition is affected by section 19. maintenance income credit balance has the meaning given by clause 24A of Schedule 1. maternity immunisation allowance means the allowance for which an individual is eligible under Division 3 of Part 3. medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners. meets the immunisation requirements has the meaning given by section 6. member of a couple has the same meaning as in the Social Security Act 1991. member of the same couple has the same meaning as member of a couple has. Military Rehabilitation and Compensation Act Education and Training Scheme means the scheme determined under section 258 of the Military Rehabilitation and Compensation Act 2004 (as the scheme is in force at the commencement of this definition). non-standard hours family day care means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non-standard hours of care. non-standard hours in-home care means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non-standard hours of care. notional assessment has the meaning given by section 146E of the Child Support (Assessment) Act 1989. one-off payment to families means a payment to which an individual is entitled under section 86. paid work (other than in paragraph 15(1)(a) or section 17A) has the meaning given by section 3B. parenting plan has the meaning given by the Family Law Act 1975. partner has the same meaning as in the Social Security Act 1991. partnered (partner in gaol) has the same meaning as in the Social Security Act 1991. part-time family day care means standard hours family day care provided by an approved family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child. part-time in-home care means standard hours in-home care provided by an in-home care service for a child in a week during which the service provides a total of less than 50 hours of standard hours in- home care for the child. passive employment income of an individual, in respect of a period, means: (a) income that is earned by the individual in respect of the period as a result of the individual being on paid leave for the period; or (b) a payment of compensation, or a payment under an insurance scheme, in respect of the individual's inability to earn, derive or receive income from paid work during the period; or (c) if the individual stops paid work as a self-employed individual- income that is derived by the individual in respect of the period from an interest, or from investments, held in connection with the individual's previous self-employment. payment or benefit received from an individual has a meaning affected by paragraph 19(2)(c). percentage of care, in relation to an individual who cares for a child, means the individual's percentage of care for the child that is determined by the Secretary under Subdivision D of Division 1 of Part 3. percentage range has the meaning given by subsection 35P(2). PPL period has the same meaning as in the Paid Parental Leave Act 2010. prescribed educational scheme has the same meaning as in the Social Security Act 1991. primary carer, in relation to a child who is an FTB child of an individual and is also an FTB child of another individual who is not the individual's partner, has the meaning given by subsection 36(8). principal home has the same meaning as in the Social Security Act 1991. received from has a meaning affected by paragraph 19(2)(a). receiving: (a) in relation to a social security payment-has the same meaning as in subsections 23(1D), 23(2) and (4) of the Social Security Act 1991; and (b) for the purpose of construing references to a person receiving a social security pension or social security benefit that are references in sections 50S and 50T of the Family Assistance Administration Act, section 61A of this Act and clauses 1, 28B and 38L of Schedule 1, and in clause 7 of Schedule 2, to this Act: (i) is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those sections and clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and (ii) subject to subsection (8) of this section, is taken to include a reference to a person being prevented from receiving a social security pension or social security benefit because of the application of a compliance penalty period; and (c) in relation to a social security pension, a social security benefit, a service pension or income support supplement-has a meaning affected by section 3AA (which deals with the suspension of payments under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999). recognised immunisation provider has the same meaning as in section 46A of the Health Insurance Act 1973. recognised study commitments has the meaning given by section 17. recognised training commitments has the meaning given by section 16. recognised work or work related commitments has the meaning given by section 15. reduced care of a child has the meaning given by section 35H. registered entitlement, of an individual, means the individual's entitlement to receive maintenance income from a particular payer, if the payer's liability to pay that maintenance income is an enforceable maintenance liability within the meaning of the Child Support (Registration and Collection) Act 1988. registered parenting plan means a parenting plan registered under section 63E of the Family Law Act 1975. regular care child of an individual (the adult): (a) means an individual: (i) who would be an FTB child of the adult but for the operation of section 25 (adult's percentage of care for the child during a care period is less than 35%); and (ii) for whom the adult has a percentage of care during a care period that is at least 14%; and (b) in relation to child care benefit-also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be a regular care child of the adult. Note: See also section 25A. relationship child has the same meaning as in the Social Security Act 1991. relationship parent has the same meaning as in the Social Security Act 1991. relevant shared carer means an individual who has a shared care percentage for each of his or her FTB children. rent has the same meaning as in the Social Security Act 1991. rent assistance child has the meaning given by clause 38B of Schedule 1. repayment period, in relation to a family tax benefit advance that is paid to an individual, has the meaning given by subclause 40(3) of Schedule 1. resides in Australia has the same meaning as in the Social Security Act 1991. respite care couple has the same meaning as in the Social Security Act 1991. returns to paid work has the meaning given by section 3B. satisfies the FTB activity test: an individual satisfies the FTB activity test in the circumstances mentioned in subsection 17B(1). satisfies the work/training/study test has the meaning given by section 14. school child has the meaning given by section 18. school holiday session means a session of care provided by an approved outside school hours care service during school holidays. secondary earner of a couple, in respect of an income year, means: (a) unless paragraph (b) applies: (i) the member of the couple who has the lower adjusted taxable income for the year; or (ii) if both members of the couple have the same adjusted taxable income for the year-the member of the couple who returns to paid work first during the year; or (b) if the rate of family tax benefit for a member of the couple is determined on the basis of an estimate of adjusted taxable income for the year, and only one member of the couple returns to paid work during the year-the member of the couple whose original estimate of adjusted taxable income is the lower estimate for the couple for the year (disregarding subclause 3(2) of Schedule 3). senior secondary school child has the meaning given by section 22B. service pension has the same meaning as in the Social Security Act 1991. session of care has the meaning given by a determination in force under section 9. shared care percentage for an individual for an FTB child has the meaning given by section 59. single income family bonus means a payment to which an individual is entitled under section 101. single income family supplement means the supplement for which an individual is eligible under Division 6 of Part 3. social security benefit has the same meaning as in the Social Security Act 1991. social security payment has the same meaning as in the Social Security Act 1991. social security pension has the same meaning as in the Social Security Act 1991. special category visa has the same meaning as in the Migration Act 1958. standard hours family day care means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care. standard hours in-home care means hours of care provided by an approved in-home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care. standard reduction, in relation to a family tax benefit advance, has the meaning given by clause 41 of Schedule 1. stillborn child means a child: (a) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and (b) who has not breathed since delivery; and (c) whose heart has not beaten since delivery. studying overseas full-time: see section 3C. taxable income has the same meaning as in the Income Tax Assessment Act. temporarily separated couple has the same meaning as in the Social Security Act 1991. undertaking full-time study has the same meaning as in the Social Security Act 1991. upper income threshold for child care benefit has the meaning given by subclause 6(3) of Schedule 2. Veterans' Children Education Scheme means the scheme prepared under section 117 of the Veterans' Entitlements Act 1986 (as the scheme is in force at the commencement of this definition). week, in relation to child care benefit and child care rebate, has the meaning given in subsection (6). week concerned for an hour of care is the week (beginning on a Monday) in which the hour occurs. youth allowance means a payment under Part 2.11 of the Social Security Act 1991. (2) Expressions used in this Act that are defined in the A New Tax System (Family Assistance) (Administration) Act 1999 have the same meaning as in that Act. (3) For the purposes of paragraph (d) of the definition of disabled person, the reference to a psychologist is a reference to a psychologist who: (a) is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and (b) has qualifications or experience in assessing impairment in adults. (5) If, in relation to a 24 hour care period and a child: (a) an approved child care service provides care to the child during the whole of the period; or (b) an approved child care service: (i) provides care to the child during more than half of the period; and (ii) during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child; the service providing the care, or providing the care and having the responsibility, is providing 24 hour care to the child. (6) A week, for the purposes of child care benefit and child care rebate, commences on a Monday. (8) Subparagraph (b)(ii) of the definition of receiving in subsection (1) does not apply in relation to a compliance penalty period if: (a) the duration of the period is more than 8 weeks; or (b) in a case where the compliance penalty period immediately succeeded another compliance penalty period-it has been more than 8 weeks since any compliance penalty period did not apply to the person. (9) However, if: (a) the compliance penalty period; or (b) in a case where the compliance penalty period immediately succeeded another compliance penalty period-the period since any compliance penalty period did not apply to the person; started in the income year preceding the income year in which the 8 weeks referred to in subsection (8) elapsed, that subsection does not apply in relation to the compliance penalty period until the start of the later income year. 3AA Meaning of receiving affected by suspension of certain schooling requirement payments Scope (1) This section applies for the purpose of construing references to a person receiving payments (affected schooling requirement payments) covered by subsection (2), if the references are in the following provisions: (a) section 50S of the Family Assistance Administration Act; (b) clauses 1, 28B and 38L of Schedule 1 to this Act; (c) clause 7 of Schedule 2 to this Act. (2) The affected schooling requirement payments are the following: (a) a social security pension; (b) a social security benefit; (c) a service pension; (d) income support supplement. Note: These payments are schooling requirement payments within the meaning of the Social Security (Administration) Act 1999 (see section 124D of that Act). General rule-person taken to receive payment during suspension (3) In this Act, subject to subsections (4) and (5): receiving is taken to include a reference to a person being prevented from receiving an affected schooling requirement payment because the payment is suspended under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999. Note: See also the definition of receiving in subsection 3(1), and subsections 3(8) and (9). Exception-more than 13 weeks continuous suspension (4) Subsection (3) does not apply in relation to the suspension of an affected schooling requirement payment if the payment has been suspended for a continuous period of more than 13 weeks. (5) However, if the period of suspension referred to in subsection (4) started in the income year preceding the income year in which the 13 weeks referred to in that subsection elapsed, that subsection does not apply in relation to the suspension until the start of the later income year. 3A An individual may be in the care of 2 or more other individuals at the same time For the avoidance of doubt, except where express provision is made to the contrary, an individual may be taken, for the purposes of this Act, to be in the care of 2 or more other individuals at the same time. 3B Meaning of paid work and returns to paid work Meaning of paid work (1) Paid work (other than in paragraph 15(1)(a) or section 17A) means any work for financial gain or any other reward (whether as an employee, a self-employed individual or otherwise) that involves a substantial degree of personal exertion on the part of the individual concerned. Note: The ordinary meaning of paid work applies to paragraph 15(1)(a) and section 17A. Meaning of returns to paid work (2) An individual returns to paid work during an income year if: (a) the individual is not engaging in paid work during that year; and (b) the individual later engages in paid work for an average of at least 10 hours per week for 4 consecutive weeks that start during that year. (3) An individual returns to paid work during an income year if: (a) the individual is not engaging in paid work during that year; and (b) the individual later engages in paid work during that year, but not for an average of at least 10 hours per week for 4 consecutive weeks that start during that year; and (c) the Secretary is notified in writing that the individual returned to paid work during that year: (i) during the income year following that year and in accordance with subsection (4); or (ii) if a claim is made under the Family Assistance Administration Act for payment of family tax benefit for a past period that occurs in that year and the claim is made during the second income year following that year-in accordance with subsection (5). (4) For the purposes of subparagraph (3)(c)(i), if the individual is a member of a couple at any time, during the income year, before the individual engages in paid work as mentioned in paragraph (3)(b), the Secretary is notified in accordance with this subsection if the Secretary is notified by: (a) if: (i) both members of the couple are eligible for family tax benefit at any time, during that income year, before the individual engages in paid work (whether the members of the couple are eligible at the same time or at different times); and (ii) the individual is a member of the same couple at the time of the notification; both members of the couple; and (b) if: (i) both members of the couple are eligible for family tax benefit at any time, during that income year, before the individual engages in paid work (whether the members of the couple are eligible at the same time or at different times); and (ii) the individual is no longer a member of the same couple at the time of the notification; the individual who engages in the paid work; and (c) if at all times, during that income year, before the individual engages in paid work, only one member of the couple is eligible for family tax benefit-the member of the couple who is eligible for family tax benefit. (5) For the purposes of subparagraph (3)(c)(ii), the Secretary is notified in accordance with this subsection if the Secretary is notified in the claim that the individual returned to paid work during that year. 3C Meaning of studying overseas full-time For the purposes of this Act, studying overseas full-time has the meaning given by a legislative instrument made by the Minister for the purposes of this section. Division 2-Immunisation rules 4 Minister's power to make determinations for the purposes of the definition of immunised The Minister must, for the purpose of the definition of immunised in section 3, by legislative instrument, determine: (a) one or more standard vaccination schedules for the immunisation of children; and (b) one or more catch up vaccination schedules for the immunisation of children who have not been immunised in accordance with a standard vaccination schedule. 5 Meaning of conscientious objection An individual has a conscientious objection to a child being immunised if the individual's objection is based on a personal, philosophical, religious or medical belief involving a conviction that vaccination under the latest edition of the standard vaccination schedule should not take place. 6 Immunisation requirements (1) This section states when the child of an individual (the adult) meets the immunisation requirements for the purposes of determining whether the adult is eligible for: (a) maternity immunisation allowance under Division 3 of Part 3; or (b) child care benefit under Division 4 of Part 3. Child immunised (2) The child meets the immunisation requirements if the child has been immunised. Conscientious objection (3) The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that he or she has discussed with the adult the benefits and risks of immunising the child and the adult has declared in writing that he or she has a conscientious objection to the child being immunised. (4) The child meets the immunisation requirements if: (a) the child is an FTB child, or a regular care child, of another individual (whether or not the child is also an FTB child, or a regular care child, of the adult); and (b) a recognised immunisation provider has certified in writing that he or she has discussed with the other individual the benefits and risks of immunising the child and the other individual has declared in writing that he or she has a conscientious objection to the child being immunised. Medical contraindication (5) The child meets the immunisation requirements if a recognised immunisation provider has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook. Natural immunity (6) The child meets the immunisation requirements if a medical practitioner has certified in writing that the child does not require immunisation because the child has contracted a disease or diseases and as a result has developed a natural immunity. Child is in an exempt class of children (7) The child meets the immunisation requirements if the child is in a class exempted from the requirement to be immunised by a determination under subsection 7(1). Other circumstances (8) The child meets the immunisation requirements if a determination in force under subsection 7(2) provides that the child meets the immunisation requirements. 7 Minister may make determinations in relation to the immunisation requirements Exemption from immunisation requirements (1) The Minister may, by legislative instrument, determine that children included in a specified class are exempt from the requirement to be immunised. Meeting the immunisation requirements (2) The Minister may, by legislative instrument, determine that children included in a specified class meet the immunisation requirements in circumstances specified in the determination. Division 3-Various interpretative provisions 8 Extended meaning of Australian resident-hardship and special circumstances (1) The Secretary may determine: (a) that an individual who is not an Australian resident is to be taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit) for a period or indefinitely; and (b) if the determination is for a period-the period in respect of which the individual is to be taken to be an Australian resident. (2) The Secretary may make a determination under subsection (1) if the Secretary is satisfied that: (a) hardship would be caused to the individual if the individual were not treated as an Australian resident for a period or indefinitely; or (b) because of the special circumstances of the particular case, the individual should be treated as an Australian resident for a period or indefinitely. (3) In making a determination under subsection (1), the Secretary must comply with any guidelines in force under subsection (4) in relation to the making of such determinations. (4) The Minister may, by legislative instrument, make guidelines: (a) relating to the making of determinations under subsection (1); and (b) in particular, setting time limits applicable to the determining of periods under paragraph (1)(b). 9 Session of care (1) The Minister must, by legislative instrument, determine what constitutes a session of care for the purposes of this Act. (2) A determination under subsection (1) may also deal with how a session of care that starts on one day and ends on another day is to be treated for the purposes of this Act. 10 Effect of absence of child from care of approved child care service other than an approved occasional care service Absence from part of a session (1) For the purposes of this Act, if a child is absent from part only of a session of care provided by an approved child care service (other than an approved occasional care service) the service is taken to have provided that part of the session of care to the child. Initial 42 days absence (2) For the purposes of this Act, if: (a) a child is absent from all of one or more sessions of care that would otherwise have been provided to the child by an approved child care service (other than an approved occasional care service) on a day (even if the child is not absent from some or all of another session or sessions of care provided by the service or another service on the day); and (b) the day does not fall: (i) before the day the service has started providing care for the child; or (ii) after the day the service has permanently ceased providing care for the child; and (c) one or more of the hours in the session of care would, if the session were taken to have been provided to the child, count towards the weekly limit of hours for which an individual or an approved child care service is eligible for child care benefit in respect of the care of the child; and (d) before the day, not more than 41 days have elapsed in the same financial year on which a session of care is taken to have been provided under this subsection to the child; the service is taken to have provided the session of care to the child. (2A) Without limiting subparagraph (2)(b)(ii), an approved child care service is taken to have permanently ceased providing care for a child in the circumstances specified in an instrument under subsection (2B). (2B) The Minister may, by legislative instrument, specify circumstances for the purposes of subsection (2A). (2C) If an approved child care service has permanently ceased providing care for a child (including because of subsection (2A)), then, for the purposes of subparagraph (2)(b)(ii), the service is taken to have done so on the day the child last physically attended a session of care provided by the service. Additional absence days permitted (3) For the purposes of this Act, if: (a) a child is absent from all of a session of care that would otherwise have been provided to the child by an approved child care service (other than an approved occasional care service); and (b) more than 42 days have elapsed in the same financial year on which a session of care is taken to have been provided under subsection (2) to the child; and (c) one of the following applies: (i) the absence is due to the illness of the child, the individual in whose care the child is, that individual's partner, or another individual with whom the child lives, and a medical certificate covering that illness is obtained from a medical practitioner and given to the service; (ii) the absence is due to the child's attendance at a pre-school; (iii) the absence is due to alternative care arrangements being made for the child because the child does not have to be at school on a pupil-free day; (iv) the absence occurs in circumstances specified in a determination under section 11 as permitted circumstances for the purpose of this subparagraph; and (d) one or more of the hours in the session of care would, if the session were taken to have been provided to the child, count towards the weekly limit of hours for which an individual or an approved child care service is eligible for child care benefit in respect of the care of the child; the service is taken to have provided the session of care to the child. 10A Effect of absence of child from care of approved child care service that is an approved occasional care service Absence from part of a session (1) For the purposes of this Act, if a child is absent from part only of a session of care provided by an approved child care service that is an approved occasional care service, the service is taken to have provided that part of the session of care to the child. Absence from all of a session (2) For the purposes of this Act, if: (a) a child is absent from all of a session of care that would otherwise have been provided to the child by an approved child care service that is an approved occasional care service; and (b) the absence occurs in circumstances specified in a determination under section 11 as permitted circumstances for the purpose of this paragraph; the service is taken to have provided the session of care to the child. 11 Minister may make determinations in relation to the absence of child from child care Absences from care in permitted circumstances The Minister may, by legislative instrument, determine that specified circumstances are permitted circumstances for the purpose of subparagraph 10(3)(c)(iv) or paragraph 10A(2)(b). 12 Effect of absence of child from care of registered carer For the purposes of Subdivision C of Division 4 of Part 3, and of the application of Subdivision D of Division 4 of Part 4 in relation to that Subdivision, if a child is absent from all or part of a period of care that would otherwise have been provided to the child by a registered carer, the carer is taken to have provided care to the child during the period of absence. 13 School holidays The Secretary may, by notice given to an approved outside school hours care service, determine that a specified day or days that are not school holidays in the State or Territory in which the service is located are taken to be school holidays for the purposes of the definition of school holiday session in section 3. 14 Meaning of satisfies the work/training/study test (1) An individual satisfies the work/training/study test if: (a) the individual has recognised work or work related commitments; or (b) the individual has recognised training commitments; or (c) the individual has recognised study commitments. (1A) However, for the purposes of section 54, the individual satisfies the work/training/study test only if: (a) the individual meets the activity requirements under section 17A for the week; or (b) the individual is not included in a class of individuals specified in a determination under subsection (1C) and: (i) paragraph 15(1)(b), 15(1)(c), 17(1)(a), 17(1)(b), 17(1)(c) or 17(1)(d) applies to the person; or (ii) the individual is an individual in a class of individuals specified in a determination under subsection 15(2); or (iii) the individual is covered by a determination under subsection (1B) or (2). (1B) The Minister may, by legislative instrument, determine circumstances in which individuals are not required to meet the activity requirements under section 17A. (1C) The Minister may, by legislative instrument, determine that one or more of the classes of individuals specified in a determination under subsection 15(2) are classes of individuals who must meet the activity requirements under section 17A. (2) The Minister may, by legislative instrument, determine that individuals included in a specified class are exempt from the requirements of paragraphs (1)(a), (b) and (c). (3) An individual covered by a determination under subsection (2) is taken to satisfy the work/training/study test while the determination is in force. 15 Work/training/study test-recognised work or work related commitments (1) An individual has recognised work or work related commitments if the individual: (a) is in paid work (whether or not the individual performs the work as an employee); or (b) receives a carer payment under Part 2.5 of the Social Security Act 1991; or (c) receives carer allowance for a disabled adult (within the meaning of section 952 of the Social Security Act 1991) under Part 2.19 of that Act. (2) The Minister may, by legislative instrument, determine that individuals included in a specified class are individuals who are taken to have recognised work or work related commitments for the purposes of this section. 16 Work/training/study test-recognised training commitments (1) An individual has recognised training commitments if the individual is undertaking a training course for the purpose of improving his or her work skills and/or employment prospects. (2) For the purposes of subsection (1), if an individual is undertaking a training course then the individual is taken to be doing so even if the individual is not required to participate in any activity for the course (for example, because of a vacation break in the course). (3) The Minister may, by legislative instrument, determine that individuals included in a specified class are individuals who are taken to have recognised training commitments for the purposes of this section. 17 Work/training/study test-recognised study commitments (1) An individual has recognised study commitments if the individual: (a) receives youth allowance and is undertaking full-time study; or (b) receives austudy payment under the Social Security Act 1991; or (c) receives a pensioner education supplement under the Social Security Act 1991; or (d) receives assistance under the scheme known as the ABSTUDY scheme; or (e) is undertaking any other course of education for the purposes of improving his or her work skills and/or employment prospects. (2) For the purposes of subsection (1), if an individual is undertaking an education course then the individual is taken to be doing so even if the individual is not required to participate in any activity for the course (for example, because of a vacation break in the course). (3) The Minister may, by legislative instrument, determine that individuals included in a specified class are individuals who are taken to have recognised study commitments for the purposes of this section. 17A Activity requirements for claims for child care benefit for care provided by approved child care service (1) An individual who has claimed child care benefit for care provided by an approved child care service during a week meets the activity requirements for a week if: (a) during the week, the individual has engaged in one or more of the following activities: (i) paid work (whether or not the individual performs the work as an employee); (ii) a training course undertaken for the purpose of improving his or her work skills and/or employment prospects; (iii) a course of education undertaken for the purpose of improving his or her work skills and/or employment prospects; (iv) any other activity that the Minister determines under subsection (2); and (b) the sum of the number of hours that the individual spends during the week doing those activities: (i) is at least 15; or (ii) if subparagraph (i) does not apply-is, when added to the sum of the number of hours that the individual spends during the immediately preceding week doing those activities, at least 30; or (iii) if neither subparagraph (i) nor (ii) applies-is, when added to the sum of the number of hours that the individual spends during the immediately following week doing those activities, at least 30. (2) The Minister may, by legislative instrument, determine activities that count towards meeting the activity requirements under this section. (3) A determination under subsection (2) may determine that specified kinds of leave are activities that count towards meeting the activity requirements under this section. (4) If, in determining whether an individual has met the activity requirements for a week, hours that the individual spends during another week doing the activities mentioned in paragraph (1)(a) are counted, then no hours spent during that other week are to be counted in determining whether the individual has met the activity requirements for a third week. (5) If: (a) an individual is in paid work; and (b) the individual is taking leave of a kind specified in a determination under subsection (2); then, the individual is taken to have engaged in paid work for the number of hours that the individual would have spent doing the paid work if the individual did not take the leave. 17B FTB activity test (1) An individual satisfies the FTB activity test if: (a) the individual has completed the final year of secondary school, or an equivalent level of education; or (b) the individual is undertaking full-time study in an approved course of education or study that would, in the Secretary's opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education; or (c) the individual is studying overseas full-time in a way that would, in the Secretary's opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education. (2) An individual is exempt from the FTB activity test if: (a) there is no locally accessible approved course of education or study (including any such course available by distance education); or (b) where there is such a course: (i) there is no place available on the course for the individual; or (ii) the individual is not qualified to undertake the course; or (iii) the individual lacks capacity to undertake the course because the individual has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or (c) in the Secretary's opinion, special circumstances exist that make it unreasonable to require the individual to undertake an approved course of education or study. (3) If the Secretary determines that it is appropriate to do so having regard to an individual's circumstances, the Secretary may determine that the normal amount of full-time study for the individual in respect of a course is to be a number of hours per week specified in the determination, averaged over the duration of the period for which the individual is enrolled in the course. (4) The Secretary may, by legislative instrument, set guidelines for the exercise of the Secretary's discretion under one or more of the following: (a) paragraph (1)(b); (aa) paragraph (1)(c); (b) paragraph (2)(c). (5) In forming an opinion for the purposes of paragraph (1)(b) or (c) or (2)(c), the Secretary must have regard to the guidelines. 18 Meaning of school child (1) A child is a school child for the purposes of this Act if the child is attending primary or secondary school, or is on a break from school (for example, school holidays) and will be attending primary or secondary school after that break. (1A) A child is taken to be a school child for the purposes of the Act if the child has reached 6 years of age, unless an individual who is: (a) conditionally eligible under section 42 for child care benefit by fee reduction for a session of care provided to the child; or (b) eligible for child care benefit (by fee reduction or otherwise) for a session of care provided to the child; notifies the Secretary in the manner required by the Secretary that the child does not satisfy the criterion in subsection (1). (2) The Minister may, by legislative instrument, determine that children in a specified class are to be treated as though they were attending primary or secondary school for the purposes of this Act. (3) The Minister may, by legislative instrument, determine that children in a specified class are to be treated as though they were not attending primary or secondary school for the purposes of this Act. 19 Maintenance income (1) For the purposes of the definition of capitalised maintenance income in section 3, an amount is a periodic amount if it is: (a) the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or (b) the amount of a payment making up for arrears in such a series. (2) For the purposes of the definitions of maintenance income and disability expenses maintenance in section 3: (a) a payment received under subsection 76(1) of the Child Support (Registration and Collection) Act 1988 in relation to a registered maintenance liability (within the meaning of that Act) is taken to be received from the individual who is the payer (within the meaning of that Act) in relation to the liability; and (b) a reference to a benefit received by an individual includes a reference to a benefit received by the individual because of a payment made to, or a benefit conferred on, another individual (including a payment made or benefit conferred under a liability owed to the other individual); and (c) a reference to a payment or benefit received from an individual includes a reference to a payment or benefit received: (i) directly or indirectly from the individual; and (ii) out of any assets of, under the control of, or held for the benefit of, the individual; and (iii) from the individual under or as a result of a court order, a court registered or approved maintenance agreement, a financial agreement (within the meaning of the Family Law Act 1975), a Part VIIIAB financial agreement (within the meaning of that Act) or otherwise. (3) A payment or benefit is disability expenses maintenance of an individual if: (a) the payment or benefit is provided for expenses arising directly from: (i) a physical, intellectual or psychiatric disability; or (ii) a learning difficulty; of an FTB child of the individual; and (b) the disability or difficulty is likely to be permanent or to last for an extended period; and (c) the payment or benefit is received: (i) by the individual for the maintenance of the FTB child; or (ii) by the FTB child for the child's own maintenance; and (d) the payment or benefit is received from: (i) a parent or relationship parent of the child; or (ii) the former partner of a parent or relationship parent of the child. Division 4-Approved care organisations 20 Approval of organisations providing residential care services to young people (1) The Secretary may approve an organisation that co-ordinates or provides residential care services to young people in Australia as an approved care organisation for the purposes of this Act. Revocation (2) The Secretary may revoke an approval under subsection (1). Part 3-Eligibility for family assistance Division 1-Eligibility for family tax benefit Subdivision A-Eligibility of individuals for family tax benefit in normal circumstances 21 When an individual is eligible for family tax benefit in normal circumstances (1) An individual is eligible for family tax benefit if: (a) the individual: (i) has at least one FTB child; or (ii) is not an absent overseas recipient and has at least one regular care child who is also a rent assistance child; and (b) the individual: (i) is an Australian resident; or (ia) is a special category visa holder residing in Australia; or (ii) satisfies subsection (1A); and (c) the individual's rate of family tax benefit, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 and disregarding section 58A and subclauses 31B(3), 38AA(3) and 38AF(3) of Schedule 1, is greater than nil. When individual satisfies this subsection (1A) An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, and either of the following applies: (a) the individual is in Australia; or (b) the individual: (i) is temporarily absent from Australia for a period not exceeding 13 weeks; and (ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. (2) However, the individual is not eligible for family tax benefit if another provision of this Subdivision so provides. 22 When an individual is an FTB child of another individual (1) An individual is an FTB child of another individual (the adult) in any of the cases set out in this section. Individual aged under 16 (2) An individual is an FTB child of the adult if: (a) the individual is aged under 16; and (b) the individual is in the adult's care; and (c) the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and (d) the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph (5)(a), (b) or (c). Individual aged 16-17 (3) An individual is an FTB child of the adult if: (a) the individual has turned 16 but is aged under 18; and (b) the individual is in the adult's care; and (c) the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and (d) the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph (5)(a), (b) or (c); and (e) the individual satisfies or is exempt from the FTB activity test. Individual aged 18-20 (4) An individual is an FTB child of the adult if: (a) the individual has turned 18 but is aged under 21; and (b) the individual is in the adult's care; and (c) the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and (d) the individual satisfies or is exempt from the FTB activity test. Legal responsibility for the individual (5) The circumstances surrounding legal responsibility for the care of the individual are: (a) the adult is legally responsible (whether alone or jointly with someone else) for the day-to-day care, welfare and development of the individual; or (b) under a family law order, registered parenting plan or parenting plan in force in relation to the individual, the adult is someone with whom the individual is supposed to live or spend time; or (c) the individual is not in the care of anyone with the legal responsibility for the day-to-day care, welfare and development of the individual. Individual aged 21 undertaking full-time study or studying overseas full-time (6) The individual is an FTB child of the adult if: (a) the individual is aged 21; and (b) the individual is in the adult's care; and (c) the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and (d) the individual is undertaking full-time study or is studying overseas full-time. Percentage of care at least 35% (7) If an individual's percentage of care for a child during a care period is at least 35%, the child is taken to be an FTB child of that individual for the purposes of this section on each day in that period, whether or not the child was in that individual's care on that day. Note: If an individual's percentage of care for a child during a care period is less than 35%, the child is taken not to be an FTB child (see section 25). 22A Exceptions to the operation of section 22 Exceptions (1) Despite section 22, an individual cannot be an FTB child of another individual (an adult) in the cases set out in this table: |When the individual is not an FTB child of the | |adult at a particular time | | |If the individual |then the individual cannot | | |is aged: |be an FTB child of the | | | |adult if: | |1 |5 or more and less|(a) none of the following | | |than 16 |subparagraphs applies: | | | |(i) the individual is | | | |undertaking full-time | | | |study; | | | |(ii) the individual is | | | |studying overseas | | | |full-time; | | | |(iii) the individual is | | | |undertaking primary | | | |education; | | | |and the individual has | | | |adjusted taxable income, | | | |for the income year in | | | |which the particular time | | | |occurs, that equals or | | | |exceeds the cut-out amount | | | |(see subsection (2)); or | | | |(b) the adult is the | | | |individual's partner, or | | | |would be if the individual | | | |was over the age of consent| | | |applicable in the State or | | | |Territory in which the | | | |individual lives. | |2 |16 or more |(a) if the individual is | | | |not a senior secondary | | | |school child-the individual| | | |has adjusted taxable | | | |income, for the income year| | | |in which the particular | | | |time occurs, that equals or| | | |exceeds the cut-out amount | | | |(see subsection (2)); or | | | |(b) the adult is the | | | |individual's partner; or | | | |(c) the individual, or | | | |someone on behalf of the | | | |individual, is, at the | | | |particular time, receiving | | | |payments under a prescribed| | | |educational scheme. | |3 |any age |the individual, or someone | | | |on behalf of the | | | |individual, is, at the | | | |particular time, receiving:| | | | | | | |(a) a social security | | | |pension; or | | | |(b) a social security | | | |benefit; or | | | |(c) payments under a | | | |program included in the | | | |programs known as Labour | | | |Market Programs. | (1A) For the purposes of subsection (1), an individual is taken to be undertaking primary education if the individual is: (a) participating in a course of primary education; or (b) enrolled to participate in such a course. Definition (2) In subsection (1): cut-out amount means $11,233. 22B Meaning of senior secondary school child (1) An individual is a senior secondary school child if: (a) the following requirement is satisfied: (i) for the purposes of subclause 29(3) or 36(2) of Schedule 1-the individual is aged 16 or 17 or is aged 18 and the calendar year in which the individual turned 18 has not ended; (ii) for the purposes of any other provision of this Act-the individual is aged 16, 17 or 18 or is aged 19 and the calendar year in which the individual turned 19 has not ended; and (b) one of the following applies: (i) the individual is undertaking full-time study in an approved course of education or study that would, in the Secretary's opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education; (ia) the individual is studying overseas full-time in a way that would, in the Secretary's opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education; (ii) except for the purposes of subsection 22A(1) or 35(1) of this Act or paragraph 32L(1)(aa) of the Family Assistance Administration Act-the individual is exempt from the FTB activity test. (2) Subsection 17B(3) applies in relation to subsection (1) of this section in the same way as it applies in relation to subsection 17B(1). (3) If, apart from this subsection, an individual would cease to be a senior secondary school child because the individual completes the final year of secondary school or an equivalent level of education, then the individual is taken to be a senior secondary school child until the end of: (a) if the day the individual completes that final year of secondary school or equivalent level of education is in December in a calendar year-31 December of that year; or (b) if the day the individual completes that final year of secondary school or equivalent level of education is before December-the period of 28 days beginning on the day after that day. (4) An individual completes the final year of secondary school or an equivalent level of education on the day worked out in accordance with the following table: |Completion day | |Item|In this |The day is: | | |situation: | | |1 |The individual |The day determined by the | | |was not required |secondary school to be the | | |to sit an |last day of classes for that| | |examination in |year or by the provider of | | |relation to that |that education to be the | | |final year or |last day of classes for that| | |that equivalent |level of education (as the | | |level of |case may be) | | |education | | |2 |The individual |The later of: | | |was required to |(a) the day determined by | | |sit an |the secondary school to be | | |examination in |the last day of the period | | |relation to that |of examinations for that | | |final year or |final year or by the | | |that equivalent |provider of that education | | |level of |to be the last day of the | | |education |period of examinations for | | | |that level of education (as | | | |the case may be); and | | | |(b) the day determined by | | | |the secondary school to be | | | |the last day of classes for | | | |that final year or by the | | | |provider of that education | | | |to be the last day of | | | |classes for that level of | | | |education (as the case may | | | |be) | (5) To avoid doubt, if an individual ceases to be a senior secondary school child, nothing in this section prevents the individual again becoming a senior secondary school child. 23 Effect of FTB child ceasing to be in individual's care without consent (1) This section applies if: (a) an individual is an FTB child of another individual (the adult) under subsection 22(2) or (3); and (aa) the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph 22(5)(a) or (b); and (b) an event occurs in relation to the child without the adult's consent that prevents the child being in the adult's care; and (c) the adult takes reasonable steps to have the child again in the adult's care. When the child remains an FTB child of the adult (2) The child is an FTB child of the adult for that part of the qualifying period (see subsection (5)) for which: (a) the child would have been an FTB child of the adult under subsection 22(2) or (3) if the child had not ceased to be in the adult's care; and (b) the circumstances surrounding legal responsibility for the care of the child are those mentioned in paragraph 22(5)(a) or (b). (3) The reference, in paragraphs (1)(a) and (2)(a), to an FTB child of an individual or adult under subsection 22(2) or (3) includes a reference to: (a) a child who is an FTB child under subsection 22(2) or (3) in its application by virtue of subsection 22(7); and (b) a child who is an FTB child under subsection 22(2) or (3), but who is taken not to be an FTB child under section 25. Note: As a result of subsection (2) of this section, a child who is taken not to be an FTB child under section 25, but who is a regular care child, will remain a regular care child for the part of the qualifying period referred to in subsection (2) of this section. (4) Except as provided in subsection (2), the child cannot (in spite of section 22) be an FTB child of any individual during the qualifying period. Definition of parent and qualifying period (5) In this section: parent includes a relationship parent. qualifying period means the period beginning when the child ceases to be in the adult's care and ending at the earliest of the following times: (a) if the child again comes into the adult's care at a later time- that later time; (b) after 14 weeks pass since the child ceased to be in the adult's care; (c) if: (i) the adult is a parent of the child; and (ii) no family law order, registered parenting plan or parenting plan is in force in relation to the child; and (iii) the child comes into the care of the other parent at a later time; that later time. Parents of relationship children (6) If a child (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the child's only parents for the purposes of paragraph (c) of the definition of qualifying period in subsection (5). 24 Effect of certain absences of FTB child etc. from Australia Absence from Australia of FTB or regular care child (1) If: (a) any of the following applies: (i) an FTB child leaves Australia; (ii) a child born outside Australia is an FTB child at birth; (iii) a regular care child leaves Australia; (iv) a child born outside Australia is a regular care child at birth; and (b) the child continues to be absent from Australia for more than 3 years; during that absence from Australia, the child is neither an FTB child, nor a regular care child, at any time after the period of 3 years beginning on the first day of the child's absence from Australia. (2) If: (a) an FTB child, or a regular care child, who has been absent from Australia for more than 13 weeks, but less than 3 years, comes to Australia; and (b) the child leaves Australia less than 13 weeks later; for the purposes of subsection (1), the child is taken not to have come to Australia. (3) If: (a) a child is neither an FTB child nor a regular care child because of the application of subsection (1) or a previous application of this subsection; and (b) the child comes to Australia; and (c) the child leaves Australia less than 13 weeks after coming to Australia; the child is neither an FTB child nor a regular care child at any time during the absence from Australia referred to in paragraph (c). Maximum period of eligibility for family tax benefit while individual overseas (4) If an individual leaves Australia, the maximum period for which the individual can be eligible for family tax benefit during that absence from Australia is the period of 3 years beginning on the first day of that absence. (5) If: (a) an individual who has been absent from Australia for more than 13 weeks, but less than 3 years, returns to Australia; and (b) the individual leaves Australia again less than 13 weeks later; the individual is taken not to have returned to Australia for the purposes of subsection (4). (6) If: (a) an individual is eligible for family tax benefit while the individual is absent from Australia; and (b) the individual then ceases to be eligible for family tax benefit because of the application of subsection (4) or a previous application of this subsection; and (c) the individual returns to Australia; and (d) the individual leaves Australia again less than 13 weeks after returning to Australia; the individual is not eligible for family tax benefit at any time during the absence from Australia referred to in paragraph (d). 25 Effect of an individual's percentage of care for a child being less than 35% If an individual's percentage of care for a child during a care period is less than 35%, the child is taken, despite section 22, not to be an FTB child of that individual for any part of the period. 25A Regular care child for each day in care period If an individual's percentage of care for a child during a care period is at least 14% but less than 35%, the child is taken to be a regular care child of that individual for the purposes of this Act on each day in that period, whether or not the child was in that individual's care on that day. 26 Only 1 member of a couple eligible for family tax benefit (1) For any period when 2 individuals who are members of a couple would otherwise be eligible at the same time for family tax benefit in respect of one or more FTB children or regular care children, only one member is eligible. (2) The member who is eligible is the one determined by the Secretary to be eligible, having regard to: (a) whether one member of the couple is the primary carer for the child or children; and (b) whether the members have made a written agreement nominating one of them as the member who can make a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child or children. 27 Extension of meaning of FTB or regular care child in a blended family case (1) This section applies if: (a) 2 individuals are members of the same couple; and (b) either or both of the individuals have a child (the qualifying child) from another relationship (whether before or after the 2 individuals became members of that couple). (2) While the 2 individuals are members of that couple: (a) each qualifying child that is an FTB child, or regular care child, of one member of the couple is taken also to be an FTB child, or regular care child, (as the case requires) of the other member of the couple; and (b) if the Secretary has determined, under section 35A or 35B, one individual's percentage of care for the qualifying child during a care period (whether before or after the 2 individuals became members of that couple)-the Secretary is taken to have determined the same percentage to be the other individual's percentage of care for the child during that period. 28 Eligibility for family tax benefit of members of a couple in a blended family (1) If the Secretary is satisfied that: (a) 2 individuals who are members of the same couple (person A and person B) would each be eligible for family tax benefit for 2 or more FTB children during a period but for subsection 26(1); and (b) at least one of the children is a child of a previous relationship of person A; and (c) at least one of the other children is: (i) a child of the relationship between person A and person B; or (ii) a child of a previous relationship of person B; the Secretary may: (d) determine that person A and person B are both eligible for family tax benefit for the children for the period; and (e) determine person A's and person B's percentage of the family tax benefit for the children. (2) The Secretary cannot make a determination under subsection (1) for a past period if person A or person B has been paid family tax benefit for the period. (3) For the purposes of this section: (a) an FTB child of an individual is a child of a previous relationship of an individual who is a member of a couple if the child is an immediate child of that individual but not of the individual's partner; and (b) a child is a child of the relationship of 2 individuals who are members of a couple if the child is an immediate child of both members of the couple; and (c) an FTB child of an individual is an immediate child of the individual if: (i) the child is the natural child, adopted child or relationship child of the individual; or (ii) the individual is legally responsible for the child. 29 Eligibility for family tax benefit of separated members of a couple for period before separation If the Secretary is satisfied that: (a) 2 individuals are not members of the same couple (person A and person B); and (b) during a period in the past when person A and person B were members of the same couple, they had an FTB child or children; and (c) but for subsection 26(1), person A and person B would both be eligible for family tax benefit for the FTB child or children for that period; the Secretary may: (d) determine that person A and person B are both eligible for family tax benefit for the child or children for that period; and (e) determine person A's and person B's percentage of the family tax benefit for the child or children for that period. Subdivision B-Eligibility of individuals for family tax benefit where death occurs 31 Continued eligibility for family tax benefit if an FTB or regular care child dies (1) This section applies if: (a) an individual is eligible for family tax benefit (except under section 33) in respect of one or more FTB children or regular care children; and (b) one of the children dies; and (c) in a case where the individual is eligible for family tax benefit in respect of more than one child immediately before the child mentioned in paragraph (1)(b) died-the individual's rate of family tax benefit would decrease as a result of the child's death. Individual remains eligible for family tax benefit for 14 weeks after the death of the child (2) The individual is eligible for family tax benefit, at a rate worked out under section 64, for each day in the period of 14 weeks beginning on the day the child died. This subsection has effect subject to subsection (3) of this section and to section 32. 14 weeks reduced in certain circumstances (3) The period for which the individual is eligible for family tax benefit under subsection (2) does not include: (a) if the child was aged 21 and undertaking full-time study when the child died-any day on which the child would have been aged 22 if the child had not died; or (b) in any other case-any day on which the child would have been aged 21 if the child had not died. Eligibility during the period to which subsection (2) applies is sole eligibility (4) Except as mentioned in subsection (2), the individual is not eligible for family tax benefit in respect of any FTB children, or regular care children, of the individual during the period to which subsection (2) applies. 32 Eligibility for a single amount of family tax benefit if an FTB or regular care child dies Instalment case (1) If: (a) the individual to whom section 31 applies was, immediately before the child concerned died, entitled to be paid family tax benefit by instalment; and (b) the individual, on any day (the request day) during the period (the section 31 accrual period) for which the individual is eligible for family tax benefit under that section, makes a claim, under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999, for payment of family tax benefit because of the death of a person, stating that the individual wishes to become eligible for a single amount of family tax benefit under this subsection; then: (c) the individual is eligible for a single amount of family tax benefit worked out under subsection 65(1); and (d) the period for which the individual is eligible for family tax benefit under subsection 31(2) does not include the lump sum period mentioned in subsection 65(1). Other cases (2) If: (a) the individual to whom section 31 applies was, immediately before the child concerned died, not entitled to be paid family tax benefit by instalment; and (b) the period of 14 weeks beginning on the day the child died extends over 2 income years; then: (c) the individual is eligible for a single amount of family tax benefit for the period falling in the second of those income years worked out under subsection 65(3); and (d) the period for which the individual is eligible for family tax benefit under subsection 31(2) does not include the period falling in the second of those income years. 33 Eligibility for family tax benefit if an eligible individual dies Eligibility other than because of the death of an FTB or regular care child (1) If: (a) an individual is eligible for an amount (the subject amount) of family tax benefit (except because of section 31 or 32 applying in relation to the death of an FTB child or a regular care child); and (b) the individual dies; and (c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); and (d) another individual makes a claim under that Part for payment of family tax benefit because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (e) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount. Eligibility because of the death of an FTB or regular care child (2) If: (a) an individual dies; and (b) either: (i) before the individual's death, the individual was eligible for an amount (the subject amount) of family tax benefit under section 31 or 32 in relation to the death of an FTB child or regular care child, and the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); or (ii) the individual died at the same time as the FTB child or regular care child, and would have been so eligible for the subject amount if the individual had not died; and (c) another individual makes a claim under that Part for payment of family tax benefit because of the death of a person, stating that the individual wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (d) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount. Subdivision C-Eligibility of approved care organisations for family tax benefit 34 When an approved care organisation is eligible for family tax benefit (1) An approved care organisation is eligible for family tax benefit in respect of an individual if: (a) the individual: (i) is aged under 16; or (ii) has turned 16 but is aged under 21 and satisfies or is exempt from the FTB activity test; or (iii) is aged 21 and is undertaking full-time study or is studying overseas full-time; and (b) the individual is a client of the organisation; and (c) the individual is an Australian resident. (2) However, an approved care organisation is not eligible for family tax benefit in respect of an individual in the cases set out in section 35. Expanded meaning of client of an organisation (3) For the purposes of paragraph (1)(b), if: (a) an organisation that is not an approved care organisation is providing residential care services to young people in Australia; and (b) an approved care organisation is co-ordinating the provision of those services; the young people are taken to be clients of the approved care organisation. 35 When an approved care organisation is not eligible for family tax benefit (1) An approved care organisation is not eligible for family tax benefit in respect of an individual in the cases set out in this table: |When an approved care organisation is not eligible| |for family tax benefit at a particular time | | |If the individual |then the approved care | | |is aged: |organisation is not | | | |eligible for family tax | | | |benefit in respect of the | | | |individual if: | |1 |5 or more and less|(a) none of the following | | |than 16 |subparagraphs applies: | | | |(i) the individual is | | | |undertaking full-time | | | |study; | | | |(ii) the individual is | | | |studying overseas | | | |full-time; | | | |(iii) the individual is | | | |undertaking primary | | | |education; and | | | |(b) the individual has | | | |adjusted taxable income, | | | |for the income year in | | | |which the particular time | | | |occurs, that equals or | | | |exceeds the cut-out amount| | | |(see subsection (3)) | |2 |16 or more |(a) if the individual is | | | |not a senior secondary | | | |school child-the | | | |individual has adjusted | | | |taxable income, for the | | | |income year in which the | | | |particular time occurs, | | | |that equals or exceeds the| | | |cut-out amount (see | | | |subsection (3)); or | | | |(b) the individual, or | | | |someone on behalf of the | | | |individual, is, at the | | | |particular time, receiving| | | |payments under a | | | |prescribed educational | | | |scheme. | |3 |any age |the individual, or someone| | | |on behalf of the | | | |individual, is, at the | | | |particular time, | | | |receiving: | | | |(a) a social security | | | |pension; or | | | |(b) a social security | | | |benefit; or | | | |(c) payments under a | | | |program included in the | | | |programs known as Labour | | | |Market Programs. | (2) An approved care organisation is also not eligible for family tax benefit in respect of an individual if anyone else is eligible for family tax benefit in respect of the individual. (2A) For the purposes of subsection (1), an individual is taken to be undertaking primary education if the individual is: (a) participating in a course of primary education; or (b) enrolled to participate in such a course. Definition (3) In subsection (1): cut-out amount means $11,233. Subdivision D-Determination of percentage of care 35A Determination of percentage of care-child is not in the adult's care Initial determination (1) If: (a) the Secretary is satisfied that an individual (the adult) has no care of a child but that: (i) the child is an FTB child of the adult under section 23; or (ii) the child would, under subsection 22(2), (3), (4) or (6), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and (b) the adult, or the partner of the adult, makes or has made a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in the care period; and (c) the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of the other individual or individuals; and (d) section 35C, 35D or 35G applies in relation to the adult; the Secretary must determine the adult's percentage of care for the child during the care period in accordance with that section. Determination after revocation (2) If: (a) the Secretary revokes, under Subdivision E of this Division, a determination of an individual's (the adult) percentage of care for a child that was made under this section or section 35B; and (b) the Secretary is satisfied that the adult has no care of the child but that: (i) the child is an FTB child of the adult under section 23; or (ii) the child would, under subsection 22(2), (3), (4) or (6), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and (c) the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of the other individual or individuals; and (d) section 35C, 35D or 35G applies in relation to the adult; the Secretary must determine the adult's percentage of care for the child during the care period in accordance with that section. 35B Determination of percentage of care-child is in the adult's care Initial determination (1) If: (a) the Secretary is satisfied that there has been, or will be, a pattern of care for a child over a period (the care period) such that, for the whole, or for parts (including different parts), of the care period, the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of more than one individual; and (b) one of those individuals (the adult), or the partner of the adult, makes or has made a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in the care period; and (c) the adult is not a partner of at least one of the other individuals referred to in paragraph (a); the Secretary must determine the adult's percentage of care for the child during the care period. Determination after revocation (2) If: (a) the Secretary revokes, under Subdivision E of this Division, a determination of an individual's (the adult) percentage of care for a child that was made under section 35A or this section; and (b) the Secretary is satisfied that there has been, or will be, a pattern of care for the child over a period (the care period) such that, for the whole, or for parts (including different parts), of the care period, the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of the adult and at least one other individual; and (c) the adult is not a partner of at least one of those other individuals; the Secretary must determine the adult's percentage of care for the child during the care period. Percentage of care (3) The percentage determined under subsection (1) or (2) must be a percentage that corresponds with the actual care of the child that the Secretary is satisfied that the adult has had, or will have, during the care period. (4) Despite subsection (3), if section 35C, 35D or 35G applies in relation to the adult, the Secretary must determine the adult's percentage of care under subsection (1) or (2) in accordance with that section. 35C Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with (1) This section applies in relation to an individual (the adult) if: (a) a care arrangement applies in relation to a child; and (b) the Secretary is satisfied that the actual care of the child that the adult has had, or will have, during a care period does not comply with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil); and (c) an individual who has reduced care of the child has taken reasonable action to ensure that the care arrangement is complied with. Note: This section does not apply in certain circumstances, see section 35F. (2) The Secretary must determine, under section 35A or 35B, 2 percentages of care in relation to the adult. (3) The first percentage of care is to be a percentage that corresponds with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil). (4) The second percentage of care is to be: (a) if section 35A applies in relation to the adult-0%; or (b) if section 35B applies in relation to the adult-a percentage that corresponds with the actual care of the child that the Secretary is satisfied that the adult would have during the care period if the action referred to in paragraph (1)(c) were not to succeed. 35D Percentage of care if action taken to make a new care arrangement in relation to a child (1) This section applies in relation to an individual (the adult) if: (a) a care arrangement (the current care arrangement) applies in relation to a child; and (b) the Secretary is satisfied that the actual care of the child that the adult has had, or will have, during the care period does not comply with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil); and (c) an individual who has reduced care of the child: (i) has not taken reasonable action to ensure that the current care arrangement is complied with; but (ii) has taken reasonable action to make another care arrangement (the new care arrangement) in relation to the child; and (d) the Secretary is satisfied that, if the new care arrangement were to be made, the extent of care that the individual who has reduced care of the child would have under that arrangement during the care period would be: (i) more than the actual care of the child that the Secretary is satisfied that the individual has had, or will have, during that period; but (ii) less than the extent of care of the child that the individual should have had, or is to have, under the current care arrangement during that period; and (e) the Secretary is satisfied that special circumstances exist in relation to the individual who has reduced care of the child. Note: This section does not apply in certain circumstances, see section 35F. (2) The Secretary must determine, under section 35A or 35B, 2 percentages of care in relation to the adult. (3) The first percentage of care is to be a percentage that corresponds with the extent of care of the child that the adult would have under the new care arrangement during the care period if it were to be made. (4) The second percentage of care is to be: (a) if section 35A applies in relation to the adult-0%; or (b) if section 35B applies in relation to the adult-a percentage that corresponds with the actual care of the child that the Secretary is satisfied that the adult would have during the care period if the new care arrangement were not to be made. 35E Application of sections 35C and 35D in relation to claims for family tax benefit for a past period Initial determination (1) If: (a) the Secretary is required by section 35A or 35B to determine an individual's percentage of care for a child; and (b) subsection 35A(1) or 35B(1) applies; and (c) the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit for a past period; sections 35C and 35D apply in relation to the individual as if the determination were being made on the first relevant day of the past period. Determination after revocation (2) If: (a) the Secretary is required by section 35A or 35B to determine (the new determination) an individual's percentage of care for a child; and (b) subsection 35A(2) or 35B(2) applies; and (c) the determination (the earlier determination) referred to in paragraph 35A(2)(a) or 35B(2)(a) relates to a claim for payment of family tax benefit for a past period; sections 35C and 35D apply in relation to the individual as if the new determination were being made on the relevant day after the revocation of the earlier determination. 35F Sections 35C and 35D do not apply in certain circumstances (1) Sections 35C and 35D do not apply in relation to an individual if: (a) subsection 35A(1) or 35B(1) applies; and (b) either: (i) if the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit for a past period- the first day of the past period is 14 weeks or more after the change of care day for the individual; or (ii) otherwise-the day on which the claim referred to in that paragraph is or was made is 14 weeks or more after the change of care day for the individual. (2) If the Secretary is satisfied that special circumstances exist in relation to an individual who has reduced care of the child, the Secretary may determine that subsection (1) applies as if the reference to 14 weeks in subparagraph (1)(b)(i) or (ii) were a reference to such longer period as the Secretary determines to be appropriate. (3) The period determined under subsection (2) must not be more than 26 weeks. 35G Percentage of care if claim is made for payment of family tax benefit because of the death of a child (1) This section applies in relation to an individual (the adult) if: (a) the adult, or the partner of the adult, has made a claim for payment of family tax benefit by single payment/in substitution because of the death of another individual; and (b) the claim relates to a child who has died; and (c) a determination (the earlier determination) of the adult's percentage of care for the child applied, immediately before the child's death, in relation to a claim by the adult or the partner for payment of family tax benefit by instalment. (2) The Secretary must determine, under section 35A or 35B, the adult's percentage of care for the child to be the percentage of care that applied under the earlier determination immediately before the child's death. 35H When an individual has reduced care of a child An individual has reduced care of a child if: (a) a care arrangement applies in relation to the child; and (b) the individual should have had, or is to have, an extent of care of the child under the care arrangement during a care period; and (c) the Secretary is satisfied that the actual care of the child that the individual has had, or will have, during the care period is less than that extent of care. 35J Working out actual care, and extent of care, of a child (1) The actual care of a child that an individual has had, or will have, during a care period may be worked out based on the number of nights that the Secretary is satisfied that the child was, or will be, in the care of the individual during the care period. (2) The extent of care of a child that an individual should have had, or is to have, under a care arrangement during a care period may be worked out based on the number of nights that the child should have been, or is to be, in the care of the individual during the care period under the care arrangement. (3) For the purposes of this section, a child cannot be in the care of more than one individual at the same time. (4) This section does not limit section 35B, 35C, 35D or 35H. 35K Days to which the percentage of care applies if sections 35C and 35D did not apply in relation to an individual etc. (1) If: (a) a determination of an individual's percentage of care for a child during a care period is made under section 35A or 35B; and (b) either of the following apply: (i) sections 35C and 35D did not apply in relation to the individual; (ii) section 35G applied in relation to the individual; the percentage of care applies on and from the application day unless a revocation of the determination under Subdivision E of this Division takes effect. (2) If subsection 35A(1) or 35B(1) applies in relation to the determination, the application day is: (a) if: (i) the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit by single payment/in substitution because of the death of another individual; and (ii) the claim relates to a child who has died; the day on which the claim referred to in that paragraph is or was made; or (b) otherwise-the first day of the care period. (3) If subsection 35A(2) or 35B(2) applies in relation to the determination, the application day is the first day of the care period that begins after the revocation of the determination referred to in paragraph 35A(2)(a) or 35B(2)(a) takes effect. 35L Days to which the percentage of care applies if section 35C or 35D applied in relation to an individual (1) If: (a) a determination of an individual's percentage of care for a child is made under section 35A or 35B; and (b) section 35C or 35D applied in relation to the individual; then: (c) the percentage of care referred to in subsection 35C(3) or 35D(3) applies during the interim period for the determination unless a revocation of the determination under Subdivision E of this Division takes effect; and (d) the percentage of care referred to in subsection 35C(4) or 35D(4) applies after the end of the interim period for the determination unless a revocation of the determination under Subdivision E of this Division takes effect. (2) The interim period for the determination: (a) starts on the application day for the determination; and (b) ends at the end of the earliest of the following days: (i) the day specified by the Secretary; (ii) if section 35C applied in relation to the individual-the day before the day on which the action referred to in paragraph 35C(1)(c) ends; (iii) if section 35D applied in relation to the individual-the day before the day on which the action referred to in subparagraph 35D(1)(c)(ii) ends; (iv) if a care arrangement in relation to the child begins to apply on a day after the application day for the determination- the day before the day on which the care arrangement begins to apply. (3) The day specified by the Secretary under subparagraph (2)(b)(i) must be the last day in the 14 week period, or such other longer period as is specified under subsection (4), that starts on the change of care day for the individual. (4) If the Secretary is satisfied that special circumstances exist in relation to the individual who has reduced care of the child, the Secretary may specify a period of up to 26 weeks for the purposes of subsection (3). 35M Rounding of a percentage of care If an individual's percentage of care determined under this Subdivision is not a whole percentage: (a) if the percentage is greater than 50%-the percentage is rounded up to the nearest whole percentage; and (b) if the percentage is less than 50%-the percentage is rounded down to the nearest whole percentage. 35N Guidelines about the making of determinations (1) The Secretary may, by legislative instrument, make guidelines relating to the making of determinations under this Subdivision. (2) In making a determination under this Subdivision, the Secretary must have regard to any guidelines in force under subsection (1). Subdivision E-Revocation of determination of percentage of care 35P Determination must be revoked if there is a change to the individual's shared care percentage etc. (1) If: (a) a determination of an individual's percentage of care (the existing percentage of care) for a child has been made under section 35A or 35B; and (b) if section 35C or 35D applied in relation to the individual-the interim period for the determination has ended; and (c) the Secretary or the Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual's existing percentage of care for the child; and (d) the Secretary is satisfied: (i) that the individual's shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child; or (ii) that, if the Secretary were to determine under that section another percentage to be the individual's percentage of care for the child, the other percentage would not be in the same percentage range as the individual's existing percentage of care; the Secretary must revoke the determination. Note: The Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2). (2) Each of the following is a percentage range: (a) 0% to less than 14%; (b) 14% to less than 35%; (c) 48% to 52%; (d) more than 65% to 86%; (e) more than 86% to 100%. (3) The revocation of the determination takes effect at the end of: (a) if the change of care day for the individual occurs during the interim period for the determination-the day on which the interim period ends; or (b) otherwise-the day before the change of care day for the individual. 35Q Secretary may revoke a determination of an individual's percentage of care (1) If: (a) a determination of an individual's percentage of care (the existing percentage of care) for a child has been made under section 35A or 35B; and (b) if section 35C or 35D applied in relation to the individual-the interim period for the determination has ended; and (c) the Secretary or the Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual's existing percentage of care for the child; and (d) the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual's percentage of care for the child, the other percentage would not be the same as the individual's existing percentage of care for the child; and (e) section 35P does not apply; the Secretary may revoke the determination. Note: If the Secretary revokes the determination, the Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2). (2) If the Secretary revokes the determination, the revocation takes effect at the end of: (a) if the change of care day for the individual occurs during the interim period for the determination-the day on which the interim period ends; or (b) otherwise-the day before the change of care day for the individual. 35R Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period (1) If: (a) a determination of an individual's percentage of care for a child has been made under section 35A or 35B; and (b) the determination relates to a claim for payment of family tax benefit for a past period; and (c) if section 35C or 35D applied in relation to the individual-the interim period for the determination has ended; the Secretary may revoke the determination. Note: If the Secretary revokes the determination, the Secretary must make a new determination under section 35A or 35B to replace the revoked determination: see subsection 35A(2) or 35B(2). (2) If the Secretary revokes the determination, the revocation takes effect at the end of: (a) if the change of care day for the individual occurs during the interim period for the determination-the day on which the interim period ends; or (b) otherwise-the day before the change of care day for the individual. 35S Guidelines about the revocation of determinations (1) The Secretary may, by legislative instrument, make guidelines relating to the revocation of determinations under this Subdivision. (2) In revoking a determination under this Subdivision, the Secretary must have regard to any guidelines in force under subsection (1). Subdivision F-Percentages of care determined under the child support law 35T Percentages of care determined under the child support law that apply for family assistance purposes (1) If: (a) the Secretary is required by a provision of Subdivision D of this Division to determine an individual's percentage of care for a child in relation to a claim for payment of family tax benefit; and (b) the Child Support Registrar has determined the individual's percentage of care for the child (the child support care determination) under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; and (c) the child support care determination has not ceased to apply or been revoked; then: (d) the child support care determination has effect, for the purposes of this Act as it applies to such a claim, as if it were a determination of the individual's percentage of care for the child that has been made by the Secretary under a corresponding provision of Subdivision D of this Division; and (e) the individual's percentage of care for the child applies, for the purposes of this Act as it applies to such a claim, in the same way, and in the same circumstances, in which it would apply if it had been determined by the Secretary under such a provision; and (f) the child support care determination may cease to apply, or be revoked, under Subdivision D or E of this Division in the same way, and in the same circumstances, in which a determination made under Subdivision D of this Division may cease to apply, or be revoked. (2) This section ceases to apply to the child support care determination if the determination ceases to apply, or is revoked, under Subdivision B or C of Division 4 of Part 5 of the Child Support (Assessment) Act 1989. 35U Reviews of percentages of care under child support law apply for family assistance purposes (1) Subject to subsections (2) and (3), if: (a) the Child Support Registrar considers an objection to a decision under Part VII of the Child Support (Registration and Collection) Act 1988; and (b) considering the objection involves (wholly or partly) a consideration of a determination that: (i) was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or (ii) has effect, under section 54K of that Act, as if it were a determination made under such a provision; and (c) the Child Support Registrar's decision on the objection has the effect of varying the determination or substituting a new determination; section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section. (2) Subject to subsection (3), if: (a) the SSAT reviews a decision under Part VIIA of the Child Support (Registration and Collection) Act 1988; and (b) reviewing the decision involves (wholly or partly) a review of a determination that: (i) was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or (ii) has effect, under section 54K of that Act, as if it were a determination made under such a provision; and (c) the SSAT's decision on the review has the effect of varying the determination or substituting a new determination; section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section. (3) If: (a) the AAT reviews a decision under the AAT Act; and (b) reviewing the decision involves (wholly or partly) a review of a determination that: (i) was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or (ii) has effect, under section 54K of that Act, as if it were a determination made under such a provision; and (c) the AAT's decision on the review has the effect of varying the determination or substituting a new determination; section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section. Division 2-Eligibility for baby bonus Subdivision A-Eligibility of individuals for baby bonus in normal circumstances 36 When an individual is eligible for baby bonus in normal circumstances (1) An individual is eligible for baby bonus in respect of a child in any of the 4 cases set out in this section. Parent of child (2) First, an individual is eligible for baby bonus in respect of a child if: (a) the individual is a parent of the child; and (aa) the child is an FTB child of the individual; and (ab) either: (i) the individual is the primary carer of the child at any time within the period of 26 weeks starting on the day of the child's birth; or (ii) the individual is a member of a couple at any time within the period of 26 weeks starting on the day of the child's birth and the individual's partner is the primary carer of the child at that time; and (b) the individual either: (i) is eligible for family tax benefit in respect of the FTB child at any time within the period of 26 weeks starting on the day of the child's birth; or (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil; and (ba) in a case where the individual or the individual's partner is eligible for parental leave pay in respect of the child-the PPL period applying to the individual or the individual's partner has not started; and (bb) in a case where a former partner of the individual, or of the individual's partner, is eligible for parental leave pay in respect of the child-the PPL period applying to the former partner: (i) has not started; or (ii) did not start while the former partner was the partner of the individual, or of the individual's partner; and (c) if the individual is, under a law of a State or Territory, responsible (whether alone or jointly) for registering the birth of the child in accordance with the law: (i) at the time the claim for payment of baby bonus is made, the birth of the child has been registered in accordance with the law; or (ii) at the time the claim for payment of baby bonus is made, the individual has applied to have the birth of the child registered in accordance with the law; or (iii) the Secretary is notified, or becomes aware, within 52 weeks after the birth of the child, that the individual applied to have the birth of the child registered in accordance with the law; and (d) the claim for payment of baby bonus 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 period of 6 months beginning on the first day on which paragraph (ab) applies; and (e) that estimate is less than or equal to $75,000 and the Secretary considers that estimate to be reasonable. (2A) If the Secretary is satisfied that the claimant was unable to make a claim for payment of baby bonus in normal circumstances because of severe illness associated with the birth of the child concerned, the Secretary may extend the period of 52 weeks mentioned in subparagraph (2)(c)(iii) to such longer period as the Secretary considers appropriate. Child entrusted to care of individual or individual's partner (3) Second, an individual is eligible for baby bonus in respect of a child if: (a) the individual is not a parent of the child; and (b) either: (i) the child is entrusted to the care of the individual at any time within the period of 26 weeks starting on the day of the child's birth; or (ii) the individual is a member of a couple at any time within the period of 26 weeks starting on the day of the child's birth and the child is entrusted to the care of the individual's partner at that time; and (c) either: (i) the individual is the primary carer of the child at any time within the period of 26 weeks starting on the day of the child's birth; or (ii) the individual is a member of a couple at any time within the period of 26 weeks starting on the day of the child's birth and the individual's partner is the primary carer of the child at that time; and (ca) the child is an FTB child of the individual; and (cb) the individual, or the individual's partner, continues, or is likely to continue, to be the primary carer of the child for not less than 26 weeks; and (d) the individual either: (i) is eligible for family tax benefit in respect of the FTB child at any time within the period of 26 weeks starting on the day of the child's birth; or (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil; and (da) in a case where the individual or the individual's partner is eligible for parental leave pay in respect of the child-the PPL period applying to the individual or the individual's partner has not started; and (db) in a case where a former partner of the individual, or of the individual's partner, is eligible for parental leave pay in respect of the child-the PPL period applying to the former partner: (i) has not started; or (ii) did not start while the former partner was the partner of the individual, or of the individual's partner; and (e) the claim for payment of baby bonus 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 period of 6 months beginning on the first day on which paragraph (c) applies; and (f) that estimate is less than or equal to $75,000 and the Secretary considers that estimate to be reasonable. Stillborn child (4) Third, an individual is eligible for baby bonus in respect of a child if: (a) the child is a stillborn child; and (aa) had the child been born alive: (i) the child would have been an FTB child of the individual at birth; and (ii) the individual, or the individual's partner, would have been the primary carer of the child at birth; and (b) either: (i) the individual would have been eligible for family tax benefit in respect of the FTB child, at any time within the period of 26 weeks starting on the day of the child's delivery, assuming the child had not been a stillborn child; or (ii) the individual would have been so eligible on the assumption described in subparagraph (i) except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil; and (ba) in a case where the individual or the individual's partner is eligible for parental leave pay in respect of the child-the PPL period applying to the individual or the individual's partner has not started; and (bb) in a case where a former partner of the individual, or of the individual's partner, is eligible for parental leave pay in respect of the child-the PPL period applying to the former partner: (i) has not started; or (ii) did not start while the former partner was the partner of the individual, or of the individual's partner; and (c) the claim for payment of baby bonus 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 period of 6 months beginning on the day of the child's delivery; and (d) that estimate is less than or equal to $75,000 and the Secretary considers that estimate to be reasonable. Adoption (5) Fourth, an individual is eligible for baby bonus in respect of a child if: (a) as part of the process for the adoption of the child by the individual, the child is entrusted to the care of the individual by an authorised party; and (b) the child is aged under 16 at the time the child is entrusted to the care of the individual; and (bb) the child is an FTB child of the individual; and (bc) either: (i) the individual is the primary carer of the child at any time within the period of 26 weeks starting on the day the child is entrusted to the care of the individual; or (ii) the individual is a member of a couple at any time within the period of 26 weeks starting on the day the child is entrusted to the care of the individual and the individual's partner is the primary carer of the child at that time; and (c) the individual either: (i) is eligible for family tax benefit in respect of the FTB child at any time within the period of 26 weeks starting on the day the child is entrusted to the care of the individual; or (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil; and (ca) in a case where the individual or the individual's partner is eligible for parental leave pay in respect of the child-the PPL period applying to the individual or the individual's partner has not started; and (cb) in a case where a former partner of the individual, or of the individual's partner, is eligible for parental leave pay in respect of the child-the PPL period applying to the former partner: (i) has not started; or (ii) did not start while the former partner was the partner of the individual, or of the individual's partner; and (d) the claim for payment of baby bonus 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 period of 6 months beginning on the first day on which paragraph (bc) applies; and (e) that estimate is less than or equal to $75,000 and the Secretary considers that estimate to be reasonable. Estimate of adjusted taxable income (6) For the purposes of paragraph (2)(d), (3)(e), (4)(c) or (5)(d): (a) a reference in Schedule 3 to an income year is taken to be a reference to the 6 month period mentioned in that paragraph; and (b) disregard subclause 2(2) and clauses 3 and 3A of that Schedule. Definition of parent (7) In this section: parent includes a relationship parent. Primary carers in cases of shared care (8) If a child is an FTB child of an individual and is also an FTB child of another individual who is not the individual's partner, the primary carer of the child is: (a) if the individual who gave birth to the child has a percentage of care for the child of at least 48%-that individual; or (b) if paragraph (a) does not apply, but one individual has a higher percentage of care for the child than anyone else-that individual; or (c) if paragraphs (a) and (b) do not apply, but 2 individuals have an equal percentage of care for the child that is higher than anyone else's percentage of care for the child: (i) if one of those individuals gave birth to the child-that individual; or (ii) whichever of those individuals the Secretary decides is the primary carer of the child. 36A Effect of favourable review of payability determinations etc. for parental leave pay (1) If: (a) an individual would, but for this section, be eligible for baby bonus in respect of a child; and (b) either: (i) a payability determination (within the meaning of the Paid Parental Leave Act 2010) was made to the effect that parental leave pay is not payable for the child; or (ii) a decision made under that Act, on review of another decision under that Act, has the effect that parental leave pay is not payable for the child; and (c) a decision (the favourable review decision) made under that Act on review of: (i) the payability determination; or (ii) the decision on review referred to in subparagraph (b)(ii); has the effect that parental leave pay is payable for the child; the individual is not, and is taken never to have been, eligible for baby bonus in respect of the child. (2) Despite subsection (1), if: (a) the favourable review decision is made before the PPL period relating to the parental leave pay starts; and (b) before that PPL period starts, a decision made under that Act, on review of the favourable review decision, has the effect that parental leave pay is not payable for the child; this section does not affect, and is taken never to have affected, the individual's eligibility for baby bonus in respect of the child. (3) Despite subsection (1), if: (a) the favourable review decision is made before the PPL period relating to the parental leave pay starts; and (b) before that PPL period starts, the payability determination (as in force following the favourable review decision) is revoked under section 25 of that Act; this section does not affect the individual's eligibility, after the determination is revoked, for baby bonus in respect of the child. Note: If this subsection applies, subsection 39(1A) of the Family Assistance Administration Act allows for an additional claim for payment of baby bonus in respect of the child. 37 Generally only one individual eligible for baby bonus in respect of a child (1) Only one individual is eligible for baby bonus under subsection 36(2), (3) or (4) in respect of a child. (2) If 2 or more individuals would otherwise be eligible for baby bonus under subsection 36(2) or (3) in respect of the same child, the individual who is eligible is the one determined by the Secretary to be eligible. (3) However, if the Secretary is satisfied that it is reasonable that 2 or more of the individuals should be eligible for baby bonus under subsection 36(2) or (3): (a) each individual who is determined by the Secretary to be eligible is eligible; and (b) the Secretary must determine the percentage that is to be each eligible individual's percentage of baby bonus in respect of the child. (4) If the Secretary determines that an individual who is a member of a couple is eligible for baby bonus under subsection 36(2), (3), (4) or (5) in respect of a child, the Secretary must not determine that the partner of the individual is eligible for baby bonus in respect of that child. Subdivision B-Eligibility of individuals for baby bonus where death occurs 38 What happens if an individual eligible for baby bonus dies If: (a) an individual is eligible for baby bonus (the subject payment) in respect of a child; and (b) the individual dies; and (c) before the individual died, either: (i) none of the subject payment had been paid to the individual (whether or not a claim had been made under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999); or (ii) one or more amounts of the subject payment totalling less than the whole of the subject payment had been paid to the individual under subsection 47(1), (2) or (3) of that Act; and (d) another individual makes a claim under that Part for payment of baby bonus because of the death of the first-mentioned individual, stating that he or she wishes to become eligible for the subject payment; and (e) the claim is made: (i) within 52 weeks after the death; or (ii) within a further period allowed by the Secretary in special circumstances; and (f) the Secretary considers that the other individual ought to be eligible for the subject payment; the other individual is eligible for the subject payment to the extent to which it was not paid to the first-mentioned individual. No-one else is, or can become, eligible for or entitled to be paid that payment. Division 3-Eligibility for maternity immunisation allowance Subdivision A-Eligibility of individuals for maternity immunisation allowance in normal circumstances 39 When an individual is eligible for maternity immunisation allowance in normal circumstances (1) An individual is eligible for maternity immunisation allowance in respect of a child in any of the 7 cases set out in this section. Usual case (2) First, an individual is eligible for maternity immunisation allowance in respect of a child who is alive at the end of 18 months after the date of the child's birth if: (a) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on any day before the child turns 2; and (aa) the child is an FTB child of the individual; and (b) on the later of the following days: (i) the day the child turned 18 months; (ii) the earliest day to which paragraph (a) applies; the individual either: (iii) is eligible for family tax benefit in respect of the FTB child; or (iv) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. (2A) Second, an individual is eligible for maternity immunisation allowance in respect of a child who is alive at the end of 4 years after the date of the child's birth if: (a) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on any day before the child turns 5; and (b) the child is an FTB child of the individual; and (c) on the later of the following days: (i) the day the child turned 4; (ii) the earliest day to which paragraph (a) applies; the individual either: (iii) is eligible for family tax benefit in respect of the FTB child; or (iv) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. Stillborn child (3) Third, an individual is eligible for maternity immunisation allowance in respect of a child if: (a) the child is a stillborn child; and (b) had the child been born alive: (i) the child would have been an FTB child of the individual at birth; and (ii) the individual, or the individual's partner, would have been the primary carer of the child at birth; and (c) either: (i) the individual would have been eligible for family tax benefit in respect of the FTB child, at any time within the period of 13 weeks starting on the day of the child's delivery, assuming the child had not been a stillborn child; or (ii) the individual would have been so eligible on the assumption described in subparagraph (i) except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. Child dies within 5 years of birth (4) Fourth, an individual is eligible for maternity immunisation allowance in respect of a child who is born alive but dies within 5 years if, on the day of the child's death: (a) the child is an FTB child of the individual; and (b) the individual either: (i) is eligible for family tax benefit in respect of the FTB child; or (ii) would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. Adoption of children born outside Australia (5) Fifth, an individual is eligible for maternity immunisation allowance in respect of a child if: (a) the child is born outside Australia; and (b) either: (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and (c) as part of the process for the adoption of the child, the child is entrusted to the care of a person adopting the child by an authorised party; and (d) either: (i) if subparagraph (b)(i) applies-the child arrives in Australia from overseas after the adoption takes place and the child so arrives on the day the child turns 3 or an earlier day; or (ii) if subparagraph (b)(ii) applies-the child arrives in Australia from overseas as part of the process for the adoption of the child and the child so arrives on the day the child turns 3 or an earlier day; and (e) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on or after the day the child turns 18 months and before the day the child turns 4; and (f) on the earliest day to which paragraph (e) applies: (i) the child is an FTB child of the individual; and (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. (6) Sixth, an individual is eligible for maternity immunisation allowance in respect of a child if: (a) the child is born outside Australia; and (b) either: (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and (c) as part of the process for the adoption of the child, the child is entrusted to the care of a person adopting the child by an authorised party; and (d) either: (i) if subparagraph (b)(i) applies-the child arrives in Australia from overseas after the adoption takes place and the child so arrives on a day that is after the child turns 3 and before the child turns 16; or (ii) if subparagraph (b)(ii) applies-the child arrives in Australia from overseas as part of the process for the adoption of the child and the child so arrives on a day that is after the child turns 3 and before the child turns 16; and (e) either subsection (7) or (8) is satisfied. (7) This subsection is satisfied if: (a) the Secretary is satisfied that the child meets the immunisation requirements set out in section 6 on any day within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d); and (b) on the earliest day to which paragraph (a) applies: (i) the child is an FTB child of the individual; and (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. (8) This subsection is satisfied if the child dies within the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d), and on the day of the child's death: (a) the child is an FTB child of the individual; and (b) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. (9) Seventh, an individual is eligible for maternity immunisation allowance in respect of a child if: (a) the child is born outside Australia; and (b) either: (i) while the child is outside Australia, the child is adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is adopted by the individual); or (ii) the child is in the process of being adopted under the law of any place (whether in Australia or not) relating to the adoption of children (whether or not the child is to be adopted by the individual); and (c) as part of the process for the adoption of the child and while the child is outside Australia, the child is entrusted to the care of a person adopting the child by an authorised party; and (d) the child dies before turning 16; and (e) the child has not arrived in Australia from overseas after the child is entrusted to care as mentioned in paragraph (c); and (f) on the day of the child's death: (i) the child is an FTB child of the individual; and (ii) the individual is eligible for family tax benefit in respect of the FTB child or would be so eligible except that the individual's rate of family tax benefit, worked out under Division 1 of Part 4, is nil. (10) For the purposes of paragraphs (7)(b), (8)(a) and (b) and (9)(f), the following provisions are to be disregarded: (a) paragraph (a) of item 1 of the table in subsection 22A(1); (b) paragraphs (a) and (c) of item 2 of that table; (c) item 3 of that table. Note: Section 22A sets out exceptions to when an individual can be an FTB child of another individual. This subsection removes some of those exceptions. Subdivision B-Eligibility of individuals for maternity immunisation allowance where death occurs 40 What happens if an individual eligible for maternity immunisation allowance dies If: (a) an individual is eligible for maternity immunisation allowance (the subject allowance) in respect of a child; and (b) the individual dies; and (c) before the individual died, the subject allowance had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); and (d) another individual makes a claim under that Part for payment of maternity immunisation allowance because of the death of the first-mentioned individual, stating that he or she wishes to become eligible for the subject allowance; and (da) the claim is made: (i) within 26 weeks after the death; or (ii) within a further period allowed by the Secretary in special circumstances; and (e) the Secretary considers that the other individual ought to be eligible for the subject allowance; the other individual is eligible for the subject allowance and no- one else is, or can become, eligible for or entitled to be paid that allowance. Division 4-Eligibility for child care benefit 41 Overview of Division (1) This Division deals with eligibility for child care benefit. Before a person may be determined under Division 4 of Part 3 of the Family Assistance Administration Act to be entitled to be paid child care benefit, the person must first be eligible for it. Eligibility of individual for child care benefit (2) An individual may be eligible for child care benefit: (a) by fee reduction for care provided by an approved child care service (see section 43, Subdivision A); or (b) for a past period for care provided by an approved child care service (see section 44, Subdivision B); or (c) for a past period for care provided by a registered carer (see section 45, Subdivision C); or (d) by single payment/in substitution because of the death of another individual (see section 46, Subdivision D). Before an individual can be eligible under section 43, the individual must be conditionally eligible under section 42. Eligibility of an approved child care service for child care benefit (3) An approved child care service may be eligible for child care benefit by fee reduction for care provided by the service to a child at risk (see section 47, Subdivision E). Subdivision A-Eligibility of an individual for child care benefit by fee reduction for care provided by an approved child care service 42 When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service (1) An individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service to a child if: (a) the child is an FTB child, or a regular care child, of the individual, or the individual's partner; and (b) the individual, or the individual's partner: (i) is an Australian resident; or (ia) is a special category visa holder residing in Australia; or (ii) satisfies subsection (1A); or (iii) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and (c) where the child is under 7 and born on or after 1 January 1996, either: (i) the child meets the immunisation requirements set out in section 6; or (ii) a pre-notice period is operating in respect of the individual and the child (see subsection (3)); or (iii) a 63 day notice period is operating in respect of the individual and the child (see section 57E of the Family Assistance Administration Act). When individual satisfies this subsection (1A) An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, and either of the following applies: (a) the individual is in Australia; or (b) the individual: (i) is temporarily absent from Australia for a period not exceeding 13 weeks; and (ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. Secretary may determine that child is a regular care child (2) The Secretary may determine that a child who is neither an FTB child, nor a regular care child, of an individual at a particular time is taken to be a regular care child of the individual at that time for the purposes of paragraph (1)(a). (3) In subparagraph (1)(c)(ii), the reference to a pre-notice period is a reference to the period of time that ends on the day before a 63 day notice period begins to operate in respect of the individual and the child. Section subject to Subdivision F (4) This section is subject to Subdivision F (which deals with limits on eligibility). 43 When an individual is eligible for child care benefit by fee reduction for care provided by an approved child care service (1) An individual is eligible for child care benefit by fee reduction for a session of care provided by an approved child care service to a child if: (a) when the session of care is provided, a determination is in force under Part 3 of the Family Assistance Administration Act with the effect that the individual is conditionally eligible for child care benefit by fee reduction in respect of the child; and (b) the care is provided in Australia; and (ba) the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and (c) the individual, or the individual's partner, has incurred a liability to pay for the session (whether or not the liability has been discharged). Section subject to Subdivisions F and G (2) This section is subject to Subdivisions F and G (which deal with limits on eligibility). Subdivision B-Eligibility of an individual for child care benefit for a past period for care provided by an approved child care service 44 When an individual is eligible for child care benefit for a past period for care provided by an approved child care service (1) An individual is eligible for child care benefit for a past period for a session of care provided by an approved child care service to a child if: (a) the child is an FTB child, or a regular care child, of the individual, or the individual's partner, during the session; and (b) the care is provided in Australia; and (ba) the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and (c) the individual, or the individual's partner, has incurred a liability to pay for the session (whether or not the liability has been discharged); and (d) when a claim by the individual for payment of child care benefit in respect of the session is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual's partner: (i) is an Australian resident; or (ia) is a special category visa holder residing in Australia; or (ii) satisfies subsection (1A); or (iii) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and (e) when a claim by the individual for payment of child care benefit in respect of the session is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and (f) the session starts on or after the commencement of this Act. When individual satisfies this subsection (1A) An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, and either of the following applies: (a) the individual is in Australia; or (b) the individual: (i) is temporarily absent from Australia for a period not exceeding 13 weeks; and (ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. Requirement relating to immunisation referred to in paragraph (1)(e) (2) For the purposes of paragraph (1)(e), the requirement relating to immunisation is that, if the child is under 7 and is born on or after 1 January 1996, the child must meet the immunisation requirements set out in section 6. Secretary may determine that child is a regular care child (3) The Secretary may determine that a child who is neither an FTB child, nor a regular care child, of an individual during the session of care is taken to be a regular care child of the individual during that session for the purposes of paragraph (1)(a). Section subject to Subdivisions F and G (4) This section is subject to Subdivisions F and G (which deal with limits on eligibility). Subdivision C-Eligibility of an individual for child care benefit for a past period for care provided by a registered carer 45 When an individual is eligible for child care benefit for a past period for care provided by a registered carer (1) An individual is eligible for child care benefit for a past period for care provided (see section 12) by a registered carer to a child if: (a) the child is an FTB child, or a regular care child, of the individual, or the individual's partner, during the period; and (b) the care is provided in Australia; and (c) the child is neither an FTB child, nor a regular care child, of the registered carer, or the partner of the carer; and (d) the individual, or the individual's partner, is liable to pay for the care and the care has been paid for; and (e) the individual, and the individual's partner, satisfy the work/training/study test at some time during the week in which the care is provided; and (f) when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual's partner: (i) is an Australian resident; or (ia) is a special category visa holder residing in Australia; or (ii) satisfies subsection (1A); or (iii) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and (g) when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and (h) the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and (i) the care starts on or after the commencement of this Act. When individual satisfies this subsection (1A) An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, and either of the following applies: (a) the individual is in Australia; or (b) the individual: (i) is temporarily absent from Australia for a period not exceeding 13 weeks; and (ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. Requirement relating to immunisation referred to in paragraph (1)(g) (2) For the purposes of paragraph (1)(g), the requirement relating to immunisation is that, if: (a) the child is under 7 and is born on or after 1 January 1996; and (b) the individual has previously made a claim for payment of child care benefit under Part 3 of the Family Assistance Administration Act in respect of a period of care provided by a registered carer to the child; the child must meet the immunisation requirements set out in section 6. Secretary may determine that child is a regular care child (3) The Secretary may determine that a child who is neither an FTB child, nor a regular care child, of an individual during the period of care is taken to be a regular care child of the individual during that period for the purposes of paragraph (1)(a). Section subject to sections 48 and 49 (4) This section is subject to sections 48 and 49 (which deal with limits on eligibility). Subdivision D-Eligibility of an individual for child care benefit by single payment/in substitution because of the death of another individual 46 Eligibility for child care benefit if a conditionally eligible or eligible individual dies If deceased eligible for child care benefit (1) If: (a) an individual is eligible for an amount of child care benefit in respect of a child (the subject amount) under section 43, 44 or 45; and (b) the individual dies; and (c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); and (d) another individual makes a claim under that Part for payment of child care benefit in respect of the child because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (e) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount. If deceased conditionally eligible for child care benefit by fee reduction (2) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual with the effect that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and (b) the individual dies; and (c) before the individual died, the individual's entitlement to be paid child care benefit by fee reduction had not been determined under section 51B of the Family Assistance Administration Act; and (d) another individual makes a claim under Part 3 of that Act for payment of child care benefit in respect of the child because of the death of an individual, stating that he or she wishes to become eligible for such amount (if any) of child care benefit that the first individual would have been entitled to be paid as does not relate to any period before the beginning of the income year preceding the income year in which the first individual died; and (e) the Secretary considers that the other individual ought to be eligible for the amount; the other individual is eligible for the amount and no-one else is, or can become, eligible for or entitled to be paid that amount. Subdivision E-Eligibility of an approved child care service for child care benefit by fee reduction for care provided by the service to a child at risk 47 When an approved child care service is eligible for child care benefit by fee reduction for care provided to a child at risk (1) An approved child care service is eligible for child care benefit by fee reduction for a session of care provided by the service to a child if: (a) at the time the care is provided, the service believes the child is at risk of serious abuse or neglect; and (b) the care is provided in Australia. Section subject to Subdivisions F and G (2) This section is subject to Subdivisions F and G (which deal with limits on eligibility). Subdivision F-Limitations on conditional eligibility or eligibility for child care benefit for care provided by an approved child care service or a registered carer that do not relate to hours 48 No multiple eligibility for same care (1) If, apart from this section, more than one individual would be eligible, or conditionally eligible, for child care benefit in respect of the same session, or period, of care for the same child under Subdivision A, B or C, the only individual who is eligible, or conditionally eligible, is the one whom the Secretary determines to be eligible. Determination to be in accordance with any Ministerial rules (2) The Secretary must make the determination under subsection (1) in accordance with any rules in force under subsection (3). Ministerial rules (3) The Minister may, by legislative instrument, make rules in accordance with which the Secretary is to make determinations under subsection (1). 49 Person not conditionally eligible or eligible for child care benefit if child in care under a welfare law or child in exempt class of children (1) A person is not eligible, or conditionally eligible, for child care benefit as mentioned in Subdivision A, B, C or E if the child concerned: (a) is under the care (however described) of a person (other than a foster parent) under: (i) a child welfare law of a State or Territory; or (ii) a law of a State or Territory that is taken to be a child welfare law of the State or Territory in a determination under subsection (2); or (b) is a member of a class specified in a determination under subsection (3). Child welfare law (2) The Minister may, by legislative instrument, determine that a specified law of a State or Territory is taken to be a child welfare law of the State or Territory for the purposes of subparagraph (1)(a)(ii). Exempt class of children (3) The Minister may, by legislative instrument, determine that children included in a specified class are children in respect of whom no-one is eligible for child care benefit under this Division. 50 Person not eligible for child care benefit while an approved child care service's approval is suspended (1) If: (a) except for the operation of this section, a person would be eligible for child care benefit for care provided by an approved child care service to a child as mentioned in Subdivision A, B or E; and (b) at the time a session of care is provided to the child, the service's approval under section 195 of the Family Assistance Administration Act has been suspended under that Act; the person is not eligible for child care benefit for the sessions of care provided by the service during the period when the service's approval is suspended. (2) For the purposes of subsection (1), an approved child care service's approval is suspended for the period beginning when that suspension takes effect and ending on the day with effect from which that suspension is revoked. 51 Approved child care service not eligible for care provided to a child at risk if Minister so determines Limit on eligibility under section 47 The Minister may, by legislative instrument, determine that, in specified circumstances, after a specified period or specified periods of eligibility of approved child care services for child care benefit by fee reduction in respect of a child under section 47, the services are not able to be eligible under that section for any further period in respect of the child. Subdivision G-Limitations on eligibility for child care benefit for care provided by an approved child care service relating to hours 52 Limit on eligibility for child care benefit relating to hours Limit on eligibility (1) Despite: (a) an individual or an approved child care service (a fee reduction claimant) being eligible for child care benefit by fee reduction under section 43 or 47 respectively; or (b) an individual (a past period claimant) being eligible under section 44 for child care benefit for a past period; the number of hours, in sessions of care in a week for which the claimant is eligible, is limited. How limit is worked out (2) The limit is worked out using this Subdivision. The Minister's determination under section 57A deals with the hours that are to count towards that limit in certain circumstances. If fee reduction claimant is an individual-how the limit is used (3) For a fee reduction claimant who is an individual, the Secretary determines the limit under section 50H of the Family Assistance Administration Act while the claimant is conditionally eligible for child care benefit by fee reduction. (4) The limit may be varied under: (a) subsection 59(2) or section 59F, 62C or 65D of the Family Assistance Administration Act; or (b) Subdivision U of Division 4 of Part 3 of that Act. The limit, and variations to it made under Subdivision U of Division 4 of Part 3 of the Family Assistance Administration Act or section 65D of that Act, are worked out using this Subdivision as if the reference in subsection (1) to an individual being eligible under section 43 for child care benefit was a reference to the individual being conditionally eligible under section 42. The Secretary applies the limit when determining, under section 51B of the Family Assistance Administration Act, the amount of child care benefit the claimant is entitled to be paid. If fee reduction claimant is a service-how the limit is used (5) For a fee reduction claimant that is an approved child care service, the limit is taken to be determined under section 54C of the Family Assistance Administration Act. The Secretary applies the limit when determining, under section 54B of the Family Assistance Administration Act, the amount of child care benefit the claimant is entitled to be paid. Past period claimant-how the limit is used (6) For a past period claimant, the Secretary applies the limit when determining, under section 52E of the Family Assistance Administration Act, the amount the claimant is entitled to be paid. 53 Weekly limit of hours Weekly limit for fee reduction claimants (1) The weekly limit of hours applicable to a fee reduction claimant is as provided for in this Subdivision: (a) a limit of 24 hours; or (b) a limit of 50 hours: or (c) a limit of more than 50 hours; or (d) a 24 hour care limit (but see section 56 which provides that this limit can only apply if the care is not provided by an approved occasional care service). Weekly limit for past period claimants (2) The weekly limit of hours applicable to a past period claimant is, as provided for in this Subdivision: (a) a limit of 24 hours; or (b) a limit of 50 hours. 24 hour limit applies if no other limit does (3) In a week, a limit of 24 hours applies to a claimant if: (a) in the case of a fee reduction claimant-a limit of 50 hours, a limit of more than 50 hours or a 24 hour care limit does not apply in respect of the week; and (b) in the case of a past period claimant-a limit of 50 hours does not apply in respect of the week. Weekly limit of hours must not include unauthorised 24 hour care (4) The weekly limit of hours applicable to a claimant under this section, other than a 24 hour care limit under paragraph (1)(d), must not include hours during which an approved child care service is providing 24 hour care to the child. 54 Circumstances when a limit of 50 hours applies Overview of section (1) This section sets out the circumstances in which a limit of 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of: (a) a fee reduction claimant (see paragraph 52(1)(a)); or (b) a past period claimant (see paragraph 52(1)(b)). If claimant is an individual and work/training/study test satisfied (2) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if that claimant, and that claimant's partner (if any), satisfy the work/training/study test: (a) if subsection 14(1A) requires the claimant to meet the activity requirements under section 17A-for the week; or (b) in any other case-at some time in the week. Note: Subsection 14(1A) specifies extra requirements for satisfying the work/training/study test for the purposes of this section. If fee reduction claimant is an approved child care service and work/training/study test satisfied (3) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the individual, and the individual's partner (if any), satisfy the work/training/study test: (i) if subsection 14(1A) requires the claimant to meet the activity requirements under section 17A-for the week; or (ii) in any other case-at some time in the week. Note: Subsection 14(1A) specifies extra requirements for satisfying the work/training/study test for the purposes of this section. If claimant is an individual and carer allowance is payable (4) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual, or to a past period claimant, if carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991) is payable to the claimant or the claimant's partner (if any) for some or all of the week: (a) in respect of an FTB child, or a regular care child, of the claimant or that claimant's partner; and (b) pursuant to a claim under that Act that was determined before the week. If fee reduction claimant is an approved child care service and carer allowance is payable (5) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991) is payable to the individual or the individual's partner (if any) for some or all of the week: (i) in respect of an FTB child, or a regular care child, of the individual or the individual's partner; and (ii) pursuant to a claim under that Act that was determined before the week. If claimant and partner are disabled persons (6) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if, during the week: (a) the child is an FTB child, or a regular care child, of the claimant and that claimant is a disabled person (see subsection 3(1)); and (b) the claimant's partner (if any) is also a disabled person. If fee reduction claimant is an approved child care service- disabled persons (7) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) during the week, the child is an FTB child, or a regular care child, of the individual and that individual is a disabled person (see subsection 3(1)); and (c) during the week, the individual's partner (if any) is also a disabled person. If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist (8) A limit of 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the claimant. If fee reduction claimant is an approved child care service and Secretary considers that exceptional circumstances exist (9) A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the individual. Service considers that child at risk (10) Subject to subsection (11), a limit of 50 hours in the week applies to a fee reduction claimant if: (a) in the case where the claimant is an individual-the approved child care service providing care to the child; or (b) in the case where the claimant is an approved child care service-the service; certifies that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because the child is or has been at risk of serious abuse or neglect. Limitation on service giving certificates under subsection (10) (11) An approved child care service providing care to a child may only give a certificate under subsection (10) if the period specified in the certificate, and the period specified in each other certificate (if any) given by the service under subsection (10) in respect of the child and the same financial year, do not in total exceed 13 weeks. Secretary considers that child at risk (12) A limit of 50 hours in the week applies to a fee reduction claimant if: (a) either: (i) in the case where the claimant is an individual-the approved child care service providing care to the child; or (ii) in the case where the claimant is an approved child care service-the service; has given one or more certificates under subsection (10), such that the total period specified in the certificates in respect of the child in the same financial year equals 13 weeks; and (b) the Secretary considers that the child needs or needed more than 24, up to a maximum of 50, hours of care in a week in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and (c) the week falls within, or is the same as, the period specified by the Secretary. Determination that service is sole provider in area (13) A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant if a determination is in force under section 57 (sole provider) during the week in respect of the approved child care service providing the care to the child. Approved outside school hours care service providing care to child (14) A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant: (a) who is an individual; or (b) that is an approved outside school hours care service providing care to the child; if the Secretary considers that, during the week, the claimant needs or needed care before or after school for the child from an approved outside school hours care service. 55 Circumstances when a limit of more than 50 hours applies Overview of section (1) This section sets out the circumstances in which a limit of more than 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of a fee reduction claimant (see paragraph 52(1)(a)). Work/disability test satisfied if fee reduction claimant is an individual (2) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if: (a) the Secretary considers that for a specified period or indefinitely (if no period is specified), the claimant needs or needed care for the child for a particular number of hours in a week more than 50; and (b) the Secretary considers that the amount of care is needed because the individual, and that individual's partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period or indefinitely, as the case may be; and (c) the week falls within, or is the same as, the period or, if no period is specified, the week is one after the start of the indefinite period. The amount of the limit is the particular number of hours more than 50. Work/disability test satisfied if fee reduction claimant is an approved child care service (3) A limit of more than 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers: (i) that for a specified period the individual needs or needed care for the child for a particular number of hours in a week more than 50; and (ii) that the amount of care is needed because the individual, and that individual's partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period; and (c) the week falls within, or is the same as, the period. The amount of the limit is the particular number of hours more than 50. If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist (4) A limit of more than 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers: (a) that for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and (b) the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the claimant. The amount of the limit is the particular number of hours more than 50. If fee reduction claimant is an approved child care service and Secretary considers that exceptional circumstances exist (5) A limit of more than 50 hours in the week applies to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the Secretary considers: (i) that, for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and (ii) that the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the individual. The amount of the limit is the particular number of hours more than 50. Service considers that child at risk (6) Subject to subsection (7), a limit of more than 50 hours in the week applies to a fee reduction claimant if: (a) in the case where the claimant is an individual-the approved child care service providing care to the child; or (b) in the case where the claimant is an approved child care service-the service; certifies that, for a specified period that includes, or is the same as, the week, the child needs or needed a particular number of hours of care in a week more than 50 because the child is or has been at risk of serious abuse or neglect. The amount of the limit is the particular number of hours more than 50 that the service specifies. Limitation on service giving certificates under subsection (6) (7) An approved child care service providing care to a child may only give a certificate under subsection (6) if the period specified in the certificate, and the period specified in each other certificate (if any) given by the service under that subsection in relation to the child and the same financial year, does not in total exceed 13 weeks. Secretary considers that child at risk (8) A limit of more than 50 hours in the week applies to a fee reduction claimant if: (a) either: (i) in the case where the claimant is an individual-the approved child care service providing care to the child; or (ii) in the case where the claimant is an approved child care service-the service; has given one or more certificates under subsection (6) such that the total period specified in the certificates in respect of the child in the same financial year equals 13 weeks; and (b) the Secretary considers that the child needs or needed a particular number of hours of care in a week more than 50 in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and (c) the week falls within, or is the same as, the period specified by the Secretary. The amount of the limit is the particular number of hours more than 50. 56 Circumstances when 24 hour care limit applies Overview of section (1) This section sets out the circumstances in which a 24 hour care limit for sessions of care provided to a child applies in a week to the eligibility of certain fee reduction claimants (see paragraph 52(1)(a)). A 24 hour care limit can only apply if the care is provided by an approved child care service other than an approved occasional care service. Meaning of fee reduction claimant and approved child care service (2) In this section (other than subsection (1)): (a) fee reduction claimant does not include an individual if the care the individual is eligible for is provided by an approved occasional care service; and (b) approved child care service does not include an approved occasional care service. 24 hour care certified by a service-if claimant is an individual (3) Subject to subsection (5), a 24 hour care limit applies in the week to a fee reduction claimant who is an individual if the approved child care service providing care to the child certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the claimant, nor the claimant's partner (if any), is able to care for the child during those periods for the reason that: (a) both the claimant and the claimant's partner (if any) have work related commitments during those periods; or (b) exceptional circumstances exist during those periods. 24 hour care certified by a service-if claimant is a service (4) Subject to subsection (5), a 24 hour care limit applies in the week to a fee reduction claimant that is an approved child care service if: (a) the person in whose care the child last was before the first session of care in the week is an individual; and (b) the service certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the individual, nor the individual's partner (if any), is able to care for the child during those periods for the reason that: (i) both the individual and that individual's partner (if any) have work related commitments during those periods; or (ii) exceptional circumstances exist during those periods. Limitation on service giving certificates under subsection (3) or (4) (5) An approved child care service may only give a certificate under subsection (3) or (4) if the number of 24 hour care periods specified in the certificate in relation to a child, together with the number of 24 hour care periods specified in each other certificate (if any) given by the service, or any other approved child care service, in relation to the child and the same financial year, does not in total exceed 14. 24 hour care decided by the Secretary (6) Subject to subsection (7), a 24 hour care limit applies in the week to a fee reduction claimant if: (a) the approved child care service providing care to the child has given a certificate under subsection (3) or (4) such that the total of the 24 hour care periods specified in that certificate and other certificates (if any) given by the service, or any other approved child care service, in respect of the child in the same financial year equals 14; and (b) the Secretary considers that, at some time after those 14 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because: (i) in the case where the claimant is an individual-neither the claimant nor the claimant's partner (if any); or (ii) in the case where the claimant is the approved child care service providing care to the child-neither the individual in whose care the child last was before the first session of care in the week nor the individual's partner (if any); is able to care for the child during those periods; and (c) the Secretary considers that the reason for that inability is: (i) because both the individual and the individual's partner (if any) have work related commitments during those periods; or (ii) because exceptional circumstances exist during those periods. Limitation on Secretary's decision making under subsection (5) (7) Subject to subsection (8), in respect of a child during a financial year, the Secretary may make a decision under subsection (6) in respect of only 14 24 hour care periods. Maximum of 28 24 hour care periods may be lifted in certain circumstances (8) If: (a) in respect of the child during a financial year, there have already been certificates given, and decisions of the Secretary made, in which the total of the 24 hour care periods specified is 28; and (b) the Secretary is satisfied that it is essential in the circumstances that the child receive one or more further periods of 24 hour care during the financial year; a 24 hour care limit applies in the week to a fee reduction claimant if: (c) the Secretary considers that, at some time after those 28 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because: (i) in the case where the claimant is an individual-neither the claimant nor the claimant's partner (if any); or (ii) in the case where the claimant is the approved child care service providing care to the child-neither the individual in whose care the child last was before the first session of care in the week nor the individual's partner (if any); is able to care for the child during those periods; and (d) the Secretary considers that the reason for that inability is: (i) because both the individual and the individual's partner (if any) have work related commitments during those periods; or (ii) because exceptional circumstances exist during those periods. 57 Secretary's determination of sole provider (1) If the Secretary considers that: (a) an approved child care service is the sole provider in an area of the kind of care the service provides; and (b) the service would be likely to close if the Secretary were not to make a determination that would be in force for a period of one or more weeks under this subsection in relation to the service; the Secretary may make a determination to that effect (while a determination is in force, a weekly limit of 50 hours applies under subsection 54(13)). (2) The determination: (a) may be expressed to be subject to conditions, and (b) must specify the period of one or more weeks; and (c) is in force during the period specified. (3) The determination may be varied by the Secretary from a date, or for a period, specified in the variation. (4) The determination may be revoked by the Secretary from a date specified in the revocation. (5) The determination, or a variation of a determination, may only be made on application by the approved child care service concerned. (6) The application must: (a) be made in a form and manner; and (b) contain any information; and (c) be accompanied by any documents; required by the Secretary. (7) The Secretary must give notice of the determination, or of a variation or revocation of a determination, to the approved child care service the subject of the determination. A determination, variation or revocation is not ineffective by reason only that the notice is not given, or if given, that all of the requirements are not complied with. 57A Minister to determine which hours in sessions of care are to count towards the limits The Minister must, by legislative instrument, determine rules relating to how to work out the hours in sessions of care provided by an approved child care service to a child in a week that are to count towards: (a) the limit of 24 hours; or (b) the limit of 50 hours; or (c) the limit of more than 50 hours. 57B Minister may determine rules The Minister may, by legislative instrument, determine rules relating to: (a) the giving of certificates by an approved child care service under subsection 54(10), 55(6) or subsection 56(3) or (4); and (b) the making of decisions by the Secretary under section 54 or 55 or subsection 56(6) or (8); and (c) the making of the Secretary's determinations under section 57; and (d) the meaning of terms used in this Subdivision. 57C Certificates to be given and decisions and determinations to be made in accordance with rules All of the following must be made in accordance with rules (if any) in force under section 57B: (a) a certificate given by an approved child care service under subsection 54(10), 55(6) or subsection 56(3) or (4); (b) a decision made by the Secretary under section 54 or 55 or subsection 56(6) or (8); (c) a determination made by the Secretary under section 57. 57E Meaning of work/disability test Meaning of satisfying the work/disability test for individual without partner (1) An individual who does not have a partner satisfies the work/disability test in relation to care provided by an approved child care service to a child if the individual is unable to care for the child because of work related commitments. Meaning of satisfying the work/disability test for individual and partner where one of the individuals has work related commitments and the other is a disabled person (2) An individual who has a partner and the partner satisfy the work/disability test in relation to care provided by an approved child care service to a child if: (a) one of the individuals is unable to care for the child because of work related commitments; and (b) the other individual is a disabled person. Meaning of satisfying the work/disability test for individual and partner where both of the individuals have work related commitments (3) An individual who has a partner and the partner satisfy the work/disability test in relation to care provided by an approved child care service if both of the individuals are unable to care for the child at the same time because of work related commitments. Division 5-Eligibility for child care rebate 57EAA Eligibility for child care rebate-for a week (1) An individual is eligible for child care rebate for a week in respect of a child if: (a) a determination is in force under section 50F of the Family Assistance Administration Act during the week to the effect that the individual is conditionally eligible for child care benefit by fee reduction in respect of the child; and (b) one or more sessions of care are provided by one or more approved child care services to the child during the week; and (c) under Subdivision G of Division 4, one or more of the following is the weekly limit of hours applicable to the individual in the week: (i) the 50 hour limit (see section 54); (ii) the more than 50 hour limit (see section 55); (iii) the 24 hour care limit under section 56; and (d) the Secretary has calculated an amount of fee reduction under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for at least one of those sessions of care provided in the week; and (e) the amount referred to in paragraph (d) is: (i) an amount greater than a nil amount; or (ii) a nil amount because the CCB % applicable to the individual is zero %; and (f) the individual has made an election, under paragraph 65EAAAA(1)(a) or (b) of the Family Assistance Administration Act, to have child care rebate paid weekly and the election is in effect for the week. Note 1: If one of the paragraph (c) limits applies, the individual satisfies the paragraph (c) condition, even if the individual has not used child care for the child during the week up to the full extent of the limit. Note 2: For the purposes of paragraph (d), it does not matter if the amount is later recalculated under subsection 50ZA(1) of the Family Assistance Administration Act. (2) If: (a) a limit mentioned in paragraph (1)(c) does not apply under a determination in force under section 50H of the Family Assistance Administration Act for the individual and the child in the week; but (b) the circumstances in which such a limit applies were applicable to the individual in that week; then that limit is taken, for the purposes of that paragraph, to be the weekly limit of hours applicable to the individual in the week. Note: If the only limit applicable to the individual in the week was the limit of 24 hours under subsection 53(3), then the condition in paragraph (1)(c) will not be satisfied. (3) The 50 hour limit is taken, for the purposes of paragraph (1)(c), to be applicable to the individual in the week if it would have been applicable to the individual in the week but for the fact that the individual failed to meet the requirements of paragraph 17A(1)(b) in relation to the week. 57EA Eligibility for child care rebate-for a quarter (1) An individual is eligible for child care rebate for a quarter in respect of a child if: (a) a determination is in force: (i) under section 50F of the Family Assistance Administration Act; and (ii) during at least one week that falls wholly or partly in the quarter; to the effect that the individual is conditionally eligible for child care benefit by fee reduction in respect of the child; and (b) one or more sessions of care are provided by one or more approved child care services to the child during the week; and (c) under Subdivision G of Division 4, one or more of the following is the weekly limit of hours applicable to the individual in the week: (i) the 50 hour limit (see section 54); (ii) the more than 50 hour limit (see section 55); (iii) the 24 hour care limit under section 56; and (d) the Secretary has calculated an amount of fee reduction under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for at least one of those sessions of care provided in the week; and (e) the amount referred to in paragraph (d) is: (i) an amount greater than a nil amount; or (ii) a nil amount because the CCB % applicable to the individual is zero %; and (f) the individual has made an election, under paragraph 65EAAAA(1)(c) of the Family Assistance Administration Act, to have child care rebate paid quarterly and the election is in effect for the quarter. Note 1: If one of the paragraph (c) limits applies, the individual satisfies the paragraph (c) condition, even if the individual has not used child care for the child during the week up to the full extent of the limit. Note 2: For the purposes of paragraph (d), it does not matter if the amount is later recalculated under subsection 50ZA(1) of the Family Assistance Administration Act. (2) If: (a) a limit mentioned in paragraph (1)(c) does not apply under a determination in force under section 50H of the Family Assistance Administration Act for the individual and the child in the week; but (b) the circumstances in which such a limit applies were applicable to the individual in that week; then that limit is taken, for the purposes of that paragraph, to be the weekly limit of hours applicable to the individual in the week. Note: If the only limit applicable to the individual in the week was the limit of 24 hours under subsection 53(3), then the condition in paragraph (1)(c) will not be satisfied. (3) The 50 hour limit is taken, for the purposes of paragraph (1)(c), to be applicable to the individual in the week if it would have been applicable to the individual in the week but for the fact that the individual failed to meet the requirements of paragraph 17A(1)(b) in relation to the week. 57F Eligibility for child care rebate-for an income year or a period Eligibility relating to child care benefit by fee reduction or for past period (1) An individual is eligible for child care rebate for an income year in respect of a child if: (a) care is provided by one or more approved child care services to the child during at least one week in the year (whether or not the week finished in that year); and (b) one of the following determinations is made: (i) a determination under section 51B of the Family Assistance Administration Act that the individual is entitled to be paid child care benefit by fee reduction for the care; (ii) a determination under subsection 51C(1) of the Family Assistance Administration Act in relation to the individual and the care; (iii) a determination under section 52E of the Family Assistance Administration Act that the individual is entitled to be paid child care benefit for the care; (iv) a determination under subsection 52G(1) of the Family Assistance Administration Act in relation to the individual and the care; and (c) under Subdivision G of Division 4, one or more of the following is the weekly limit of hours applicable to the individual in the week: (i) the 50 hour limit (see section 54); (ii) the more than 50 hour limit (see section 55); (iii) the 24 hour care limit under section 56. Note: If one of the paragraph (c) limits applies, the individual satisfies the paragraph (c) condition, even if the individual has not used child care for the child during the week up to the full extent of the limit. Eligibility relating to child care benefit in substitution (1A) An individual is eligible for child care rebate for a period in respect of a child if: (a) care is provided by one or more approved child care services to the child during at least one week in the period (whether or not the week finished in that period); and (b) the care is covered by: (i) a determination under section 53D of the Family Assistance Administration Act that the individual is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual; or (ii) a determination under subsection 53E(1) of the Family Assistance Administration Act in relation to the individual and the death of another individual; and (c) under Subdivision G of Division 4, one or more of the following is the weekly limit of hours applicable to the deceased individual in the week: (i) the 50 hour limit (see section 54); (ii) the more than 50 hour limit (see section 55); (iii) the 24 hour care limit under section 56. Note: If one of the paragraph (c) limits applies, the paragraph (c) condition is satisfied, even if the deceased individual had not used child care for the child during the week up to the full extent of the limit. Operation of condition in paragraph (1)(c) or (1A)(c) (2) If: (a) a limit mentioned in paragraph (1)(c) or (1A)(c) does not apply under a determination in force under section 50H of the Family Assistance Administration Act for the individual concerned in the week; but (b) the circumstances in which such a limit applies were applicable to the individual in that week; then that limit is taken, for the purposes of that paragraph, to be the weekly limit of hours applicable to the individual in the week. Note 1: For a limit in paragraph (1A)(c), the individual concerned is the deceased individual. Note 2: If the only limit applicable to the individual concerned in the week was the limit of 24 hours under subsection 53(3), then the condition in paragraph (1)(c) or (1A)(c) would not be satisfied. (3) The 50 hour limit is taken, for the purposes of paragraph (1)(c) or (1A)(c), to be applicable to the individual concerned in the week if it would have been applicable to the individual in the week but for the fact that the individual failed to meet the requirements of paragraph 17A(1)(b) in relation to the week. Note: For the purposes of paragraph (1A)(c), the individual concerned is the deceased individual. Division 6-Eligibility for single income family supplement Subdivision A-Eligibility of individuals for single income family supplement in normal circumstances 57G When an individual is eligible for single income family supplement in normal circumstances (1) An individual is eligible for single income family supplement if: (a) the individual has at least one qualifying child; and (b) the individual: (i) is an Australian resident; or (ii) is a special category visa holder residing in Australia; or (iii) satisfies subsection (2); and (c) the individual is not an absent overseas recipient (disregarding section 63A); and (d) the individual's rate of single income family supplement, worked out under Division 4B of Part 4, is greater than nil. When individual satisfies this subsection (2) An individual satisfies this subsection if: (a) the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; and (b) either: (i) the individual is in Australia; or (ii) the individual is temporarily absent from Australia for a period not exceeding 13 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act. Qualifying child (3) For the purposes of this Division, an individual is a qualifying child of another individual (the adult) if: (a) the individual is an FTB child of the adult and the individual is not an absent overseas FTB child (disregarding section 63A); or (b) the following apply: (i) the individual is receiving disability support pension under Part 2.3 of the Social Security Act 1991 and the individual's maximum basic rate is worked out under item 1 or 3 of Table B in point 1066A-B1 or item 1 or 3 of Table B in point 1066B-B1 of that Act; (ii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A); or (c) the following apply: (i) the individual is receiving youth allowance and the individual's maximum basic rate is worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of the Social Security Act 1991; (ii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A); or (d) the following apply: (i) the individual is receiving special benefit under Part 2.15 of the Social Security Act 1991; (ii) if youth allowance were payable to the individual, the individual's maximum basic rate would be worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of that Act; (iii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A); or (e) the following apply: (i) the individual, or someone on behalf of the individual, is receiving instalments under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance that is being paid at the standard (at home) rate; (ii) the individual is a dependent student under the scheme and is aged 16 or more and under 21; (iii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A); or (f) the following apply: (i) the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Veterans' Children Education Scheme; (ii) the individual is aged 16 or more; (iii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A); or (g) the following apply: (i) the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Military Rehabilitation and Compensation Act Education and Training Scheme; (ii) the individual is aged 16 or more; (iii) apart from subparagraph (i), the individual would be an FTB child of the adult and would not be an absent overseas FTB child (disregarding section 63A). 57GA Only one member of a couple eligible for single income family supplement (1) Subject to this Division, for any period when 2 individuals who are members of a couple would otherwise be eligible at the same time for single income family supplement in respect of one or more qualifying children, only one member is eligible. (2) The member who is eligible is the one determined by the Secretary to be eligible. 57GB Extension of meaning of qualifying child in a blended family case (1) This section applies if: (a) 2 individuals are members of the same couple; and (b) either or both of the individuals have a child from another relationship (whether before or after the 2 individuals became members of that couple). (2) While the 2 individuals are members of that couple, each child who is a qualifying child of one member of the couple is taken also to be a qualifying child of the other member of the couple. 57GC Eligibility for single income family supplement of members of a couple in a blended family (1) If the Secretary is satisfied that: (a) 2 individuals who are members of the same couple (person A and person B) would each be eligible for single income family supplement in respect of 2 or more qualifying children during a period but for subsection 57GA(1); and (b) at least one of the children is a child of a previous relationship of person A; and (c) at least one of the other children is: (i) a child of the relationship between person A and person B; or (ii) a child of a previous relationship of person B; the Secretary may: (d) determine that person A and person B are both eligible for single income family supplement for the children for the period; and (e) determine person A's and person B's percentage of the single income family supplement for the children. (2) The Secretary cannot make a determination under subsection (1) for a past period if person A or person B has been paid single income family supplement for the period. (3) For the purposes of this section: (a) a qualifying child of an individual is a child of a previous relationship of an individual who is a member of a couple if the child is an immediate child of that individual but not of the individual's partner; and (b) a child is a child of the relationship of 2 individuals who are members of a couple if the child is an immediate child of both members of the couple; and (c) a qualifying child of an individual is an immediate child of the individual if: (i) the child is the natural child, adopted child or relationship child of the individual; or (ii) the individual is legally responsible for the child. 57GD Eligibility for single income family supplement of separated members of a couple for period before separation If the Secretary is satisfied that: (a) 2 individuals are not members of the same couple (person A and person B); and (b) during a period in the past when person A and person B were members of the same couple, they had a qualifying child or children; and (c) but for subsection 57GA(1), person A and person B would both be eligible for single income family supplement for the qualifying child or children for that period; the Secretary may: (d) determine that person A and person B are both eligible for single income family supplement for the child or children for that period; and (e) determine person A's and person B's percentage of the single income family supplement for the child or children for that period. Subdivision B-Eligibility of individuals for single income family supplement where death occurs 57GE Continued eligibility for single income family supplement if a qualifying child dies (1) This section applies if: (a) an individual is eligible for single income family supplement (except under section 57GG) in respect of one qualifying child; and (b) that child dies. Individual remains eligible for single income family supplement for 14 weeks after the death of the child (2) The individual is eligible for single income family supplement, at a rate worked out under Division 4B of Part 4, for each day in the period of 14 weeks beginning on the day the child died. This subsection has effect subject to subsection (3) of this section and to section 57GF. 14 weeks reduced in certain circumstances (3) The period for which the individual is eligible for single income family supplement under subsection (2) does not include: (a) if the child was aged 21 and undertaking full-time study or studying overseas full-time when the child died-any day on which the child would have been aged 22 if the child had not died; or (b) in any other case-any day on which the child would have been aged 21 if the child had not died. 57GF Eligibility for a single amount of single income family supplement if a qualifying child dies If, apart from this section, the period for which an individual is eligible for single income family supplement under subsection 57GE(2) extends over 2 income years: (a) the individual is eligible for a single amount of single income family supplement for the period falling in the second of those income years worked out under Division 4B of Part 4 on the assumption that: (i) the individual's taxable income for the period falling in the second of those income years is the same as the individual's taxable income for the first of those income years; and (ii) the individual's partner's taxable income for the period falling in the second of those income years is the same as the individual's partner's taxable income for the first of those income years; and (b) the period for which the individual is eligible for single income family supplement under subsection 57GE(2) does not include the period falling in the second of those income years. 57GG Eligibility for single income family supplement if an eligible individual dies Eligibility other than because of the death of a qualifying child (1) If: (a) an individual is eligible for an amount (the subject amount) of single income family supplement (except because of section 57GE or 57GF applying in relation to the death of a qualifying child); and (b) the individual dies; and (c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); and (d) another individual makes a claim under that Part for payment of single income family supplement because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (e) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount. Eligibility because of the death of a qualifying child (2) If: (a) an individual dies; and (b) either: (i) before the individual's death, the individual was eligible for an amount (the subject amount) of single income family supplement under section 57GE or 57GF in relation to the death of a qualifying child, and the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); or (ii) the individual died at the same time as the qualifying child, and would have been so eligible for the subject amount if the individual had not died; and (c) another individual makes a claim under that Part for payment of single income family supplement because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and (d) the Secretary considers that the other individual ought to be eligible for that much of the subject amount; the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount. Part 4-Rate of family assistance Division 1-Family tax benefit 58 Rate of family tax benefit Annual rate of family tax benefit for individuals (1) Subject to sections 60 to 63, an individual's annual rate of family tax benefit is to be calculated in accordance with the Rate Calculator in Schedule 1. Annual rate of family tax benefit to approved care organisation (2) An approved care organisation's annual rate of family tax benefit for an individual is the sum of: (a) the organisation's standard rate under subsection (2A); and (b) the organisation's clean energy supplement under subsection (2B). (2A) An approved care organisation's standard rate for an individual is $1,372.40. (2B) An approved care organisation's clean energy supplement for an individual is worked out as follows: Method statement Step 1. Work out the amount applicable under subsection (2A) on 1 July 2013. Step 2. Multiply the amount at step 1 by 0.017. Step 3. Round the amount at step 2 to the nearest multiple of $3.65 (rounding up if necessary): the result is the clean energy supplement. Daily rate of family tax benefit (3) The daily rate of family tax benefit is the annual rate divided by 365 and rounded to the nearest cent (rounding 0.5 cents upwards). If the daily rate before rounding is above nil and below half a cent, round up to 1 cent. 58A Election to receive clean energy supplements quarterly (1) If a determination under section 16 of the Family Assistance Administration Act is in force in a quarter under which an individual is entitled to be paid family tax benefit by instalment, the individual may, in a manner or way approved by the Secretary, make an election to have Division 2B of Part 4 of Schedule 1 to this Act and Division 2AA of Part 5 of that Schedule disregarded. Note 1: Those Divisions deal with clean energy supplement (Part A) and clean energy supplement (Part B). Note 2: If those Divisions are disregarded, they will be taken into account when the determination is reviewed under section 105 of the Family Assistance Administration Act after the end of a quarter-see section 105B of that Act. (2) An election comes into force as soon as practicable after it is made. (3) An election ceases to be in force if the individual ceases to be entitled to be paid family tax benefit under the determination. Revoking an election (4) The individual may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it is made. Definition (5) In this section: quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April. Note: This section applies in relation to the quarter beginning on 1 July 2013 and all later quarters: see item 34 of Schedule 2 to the Clean Energy (Household Assistance Amendments) Act 2011. 59 Shared care percentages where individual is FTB child of more than one person who are not members of the same couple (1) An individual has a shared care percentage under this section for an FTB child of the individual if: (a) the Secretary has determined the individual's percentage of care for the child during a care period; and (b) that percentage is at least 35% and not more than 65%. Note: Paragraph 27(2)(b) deals with the percentage of care in a blended family case. (2) The individual's shared care percentage for the FTB child is the relevant percentage specified in column 2 of the table. |Shared care percentages | |Item |Column 1 |Column 2 | | |Individual's percentage |Shared care percentage | | |of care | | |1 |35% to less than 48% |25% plus 2% for each | | | |percentage point over | | | |35% | |2 |48% to 52% |50% | |3 |more than 52% to 65% |51% plus 2% for each | | | |percentage point over | | | |53% | (3) If the shared care percentages, specified in the table, of all of the individuals of whom the child is an FTB child add to less than 100%, then the Secretary may determine a different whole percentage for one or more of those individuals for the FTB child. Despite subsection (2), the individual's shared care percentage for the child is the percentage so determined for that individual. 59A Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple (1) If the Secretary is satisfied that: (a) an individual is an FTB child of an individual (person A); and (b) the FTB child is also an FTB child of one or more other individuals who are not person A's partner; and (c) the FTB child is one of 3 or more FTB children who were born during the same multiple birth; the Secretary may determine the manner in which multiple birth allowance under Division 2 of Part 5 of Schedule 1 is to be dealt with. (2) Without limiting subsection (1), the Secretary may specify that the whole of the multiple birth allowance is to be paid to one of the individuals involved. 60 Sharing family tax benefit between members of a couple in a blended family If the Secretary determines under section 28 an individual's percentage (the specified percentage) of the family tax benefit for FTB children of the individual, the individual's annual rate of family tax benefit is the specified percentage of the rate that would otherwise apply. 61 Sharing family tax benefit between separated members of a couple for period before separation If the Secretary determines under section 29 an individual's percentage (the specified percentage) of the family tax benefit for an FTB child or children of the individual for a period, the individual's annual rate of family tax benefit for that period is the specified percentage of the rate that would otherwise apply for the period. 61A FTB Part A supplement to be disregarded unless health check requirement satisfied Parents of FTB children (1) If: (a) an individual has an FTB child who turned 4 in an income year; and (b) the following apply in relation to one or more days (each of which is an applicable day) in that income year: (i) the child is an FTB child of the individual; (ii) the individual, or the individual's partner, is a parent of the child; (iii) the individual, or the individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement; then the Secretary must disregard clause 38A of Schedule 1 in relation to the individual, the FTB child and each applicable day unless: (c) at any time before the end of the second income year after the income year in which the FTB child turned 4, the Secretary becomes aware of information suggesting that one of the following subparagraphs applies: (i) the FTB child meets the health check requirement (see subsection (4)); (ii) the FTB child is in a class exempted from the health check requirement by a determination under subsection (6); (iii) the FTB child is in a class that is taken to meet the health check requirement by a determination under subsection (7); (iv) special circumstances exist in relation to the individual or the individual's partner (or both) that make it inappropriate for the individual, and the individual's partner, to arrange for the FTB child to meet the health check requirement; and (d) at any time, the Secretary is satisfied that one of those subparagraphs applied before the end of that second income year. Other FTB recipients (2) If: (a) an individual has an FTB child who turned 4 in an income year; and (b) the following apply in relation to one or more days (each of which is an applicable day) in that income year: (i) the child is an FTB child of the individual; (ii) neither the individual, nor the individual's partner, is a parent of the child; (iii) the individual, or the individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement; and (c) the total number of applicable days in that income year is at least 182 days; and (d) one of the applicable days is the last day of that income year; then the Secretary must disregard clause 38A of Schedule 1 in relation to the individual, the FTB child and each applicable day unless: (e) at any time before the end of the second income year after the income year in which the FTB child turned 4, the Secretary becomes aware of information suggesting that one of the following subparagraphs applies: (i) the FTB child meets the health check requirement (see subsection (4)); (ii) the FTB child is in a class exempted from the health check requirement by a determination under subsection (6); (iii) the FTB child is in a class that is taken to meet the health check requirement by a determination under subsection (7); (iv) special circumstances exist in relation to the individual or the individual's partner (or both) that make it inappropriate for the individual, and the individual's partner, to arrange for the FTB child to meet the health check requirement; and (f) at any time, the Secretary is satisfied that one of those subparagraphs applied before the end of that second income year. Exception (3) However, subsection (1) or (2) does not apply if the FTB child dies before the end of the second income year after the income year in which the child turned 4. Health check requirement (4) For the purposes of this section, the health check requirement for a child is that the child must meet the requirements specified in an instrument under subsection (5). (5) The Minister may, by legislative instrument, specify requirements relating to the health of children for the purposes of subsection (4). Exempt class of children (6) The Minister may, by legislative instrument, determine that children included in a specified class are exempt from the health check requirement. Children taken to meet health check requirement (7) The Minister may, by legislative instrument, determine that children included in a specified class are taken to meet the health check requirement. Relationship with section 32A of the Family Assistance Administration Act (8) This section does not limit section 32A of the Family Assistance Administration Act (about disregarding the FTB Part A supplement until the reconciliation conditions are satisfied). Definition of parent (9) In this section: parent includes an adoptive parent and a relationship parent. 62 Effect on individual's rate of the individual's absence from Australia Absence from Australia of recipient (1) Subsection (4) modifies the operation of Schedule 1 in working out an individual's rate of family tax benefit for a period during which the individual is an absent overseas recipient. (2) If an individual leaves Australia, the individual is an absent overseas recipient for any period that occurs: (a) during that absence from Australia; and (b) after the end of the period of 13 weeks beginning on the first day of that absence. (3) If: (a) an individual is eligible for family tax benefit while the individual is absent from Australia; and (b) the individual then becomes an absent overseas recipient because of the application of subsection (2) or a previous application of this subsection; and (c) the individual returns to Australia; and (d) the individual leaves Australia again less than 13 weeks after returning to Australia; the individual is an absent overseas recipient for any period that occurs during the absence from Australia referred to in paragraph (d). (4) For the purposes of working out an individual's rate of family tax benefit for a period during which the individual is an absent overseas recipient, Schedule 1 applies with the modifications set out in the following table: |Modifications for absent overseas recipient | | |Provision of |Modification | | |Schedule 1 | | |1 |Clause 7 |the individual's | | | |standard rate is the | | | |rate that would be | | | |the individual's | | | |standard rate if the | | | |individual's Part A | | | |rate were being | | | |worked out using | | | |Part 3 of the | | | |Schedule (see | | | |clause 26) | |2 |Clause 3 |no amount is to be | | | |added by way of rent | | | |assistance | |3 |Part 4 |the individual's Part| | | |B rate is nil | (5) For the purposes of working out an individual's rate of family tax benefit, if the individual is an absent overseas recipient on a day (disregarding section 63A), then the following provisions do not apply in relation to that day: (a) paragraph (cb) of step 1 of the method statement in clause 3 of Schedule 1; (b) paragraph (e) of step 1 of the method statement in clause 25 of Schedule 1; (c) paragraph 29(1)(c) of Schedule 1; (d) paragraph (c) of step 1 of the method statement in subclause 29(2) of Schedule 1; (e) paragraph 29A(2)(c) of Schedule 1. 63 Effect on family tax benefit rate of FTB child's absence from Australia Absence from Australia of FTB child (1) Subsection (4) modifies the operation of Schedule 1 in working out an individual's rate of family tax benefit for a period during which: (a) an FTB child of the individual is an absent overseas FTB child; and (b) the individual is not an absent overseas recipient. (2) If: (a) one of the following applies: (i) an FTB child leaves Australia; (ii) a child born outside Australia is an FTB child at birth; (iii) a regular care child leaves Australia; (iv) a child born outside Australia is a regular care child at birth; and (b) the child continues to be absent from Australia for more than 13 weeks; and (c) at the end of the period of 13 weeks beginning on the first day of the child's absence from Australia the child is an FTB child; the child is an absent overseas FTB child for any period that occurs: (d) during that absence from Australia; and (e) after the end of the period mentioned in paragraph (c); and (f) during which the child continues to be an FTB child. (3) If: (a) a regular care child is an absent overseas regular care child because of the application of subsection 63AA(1), (2) or (3); and (b) during the period that the child is absent from Australia, the child becomes an FTB child of an individual; the child is an absent overseas FTB child for any period that occurs: (c) during the absence from Australia referred to in paragraph (b) after the child becomes an FTB child; and (d) during which the child continues to be an FTB child. (3A) If: (a) either: (i) an FTB child is an absent overseas FTB child because of the application of subsection (2) or (3) or a previous application of this subsection; or (ii) a regular care child is an absent overseas regular care child because of the application of subsection 63AA(1), (2) or (3); and (b) the child comes to Australia; and (c) the child leaves Australia less than 13 weeks after coming to Australia; and (d) at the time the child leaves Australia, the child is an FTB child; the child is an absent overseas FTB child for any period that occurs: (e) during the absence from Australia referred to in paragraph (c); and (f) during which the child continues to be an FTB child. (4) For the purposes of working out an individual's rate of family tax benefit for a period during which: (a) an FTB child of the individual is an absent overseas FTB child; and (b) the individual is not an absent overseas recipient; Schedule 1 applies with the modifications set out in the following table: |Modifications for absent overseas FTB child | | |Provision of |Modification | | |Schedule 1 | | |1 |clause 7 |FTB child rate for | | | |the child is the base| | | |FTB child rate | |2 |clause 30 |disregard the child | (5) For the purposes of working out an individual's rate of family tax benefit, if an FTB child of the individual is an absent overseas FTB child on a day (disregarding section 63A), then disregard that child in working out the amount applicable in relation to that day under the following provisions: (a) paragraph (cb) of step 1 of the method statement in clause 3 of Schedule 1; (b) paragraph (e) of step 1 of the method statement in clause 25 of Schedule 1; (c) paragraph 29(1)(c) of Schedule 1; (d) paragraph (c) of step 1 of the method statement in subclause 29(2) of Schedule 1; (e) paragraph 29A(2)(c) of Schedule 1. 63AA Regular care child's absence from Australia-meaning of absent overseas regular care child (1) If: (a) one of the following applies: (i) a regular care child leaves Australia; (ii) a child born outside Australia is a regular care child at birth; (iii) an FTB child leaves Australia; (iv) a child born outside Australia is an FTB child at birth; and (b) the child continues to be absent from Australia for more than 13 weeks; and (c) at the end of the period of 13 weeks beginning on the first day of the child's absence from Australia the child is a regular care child; the child is an absent overseas regular care child for any period that occurs: (d) during that absence from Australia; and (e) after the end of the period mentioned in paragraph (c); and (f) during which the child continues to be a regular care child. Note: Generally, an absent overseas regular care child cannot be a rent assistance child (see clause 38B of Schedule 1). (2) If: (a) an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and (b) during the period that the child is absent from Australia, the child becomes a regular care child of an individual; the child is an absent overseas regular care child for any period that occurs: (c) during the absence from Australia referred to in paragraph (b) after the child becomes a regular care child; and (d) during which the child continues to be a regular care child. (3) If: (a) either: (i) a regular care child is an absent overseas regular care child because of the application of subsection (1) or (2) or a previous application of this subsection; or (ii) an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and (b) the child comes to Australia; and (c) the child leaves Australia less than 13 weeks after coming to Australia; and (d) at the time the child leaves Australia, the child is a regular care child; the child is an absent overseas regular care child for any period that occurs: (e) during the absence from Australia referred to in paragraph (c); and (f) during which the child continues to be a regular care child. 63A Secretary may extend 13 week period of absence from Australia (1) The Secretary may extend the 13 week period (the initial period) referred to in subsection 62(2), 63(2) or 63AA(1) if the Secretary is satisfied that the individual mentioned in subsection 62(2), or the child mentioned in subsection 63(2) or 63AA(1), (in each case, the person) is unable to return to Australia within that period because of any of the following events: (a) a serious accident involving the person or a family member of the person; (b) a serious illness of the person or a family member of the person; (c) the hospitalisation of the person or a family member of the person; (d) the death of a family member of the person; (e) the person's involvement in custody proceedings in the country in which the person is located; (f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person); (g) robbery or serious crime committed against the person or a family member of the person; (h) a natural disaster in the country in which the person is located; (i) political or social unrest in the country in which the person is located; (j) industrial action in the country in which the person is located; (k) a war in the country in which the person is located. (2) The Secretary must not extend the initial period under subsection (1) unless: (a) the event occurred or began during the initial period; and (b) if the event is political or social unrest, industrial action or war-the person is not willingly involved in, or willingly participating in the event. (3) The Secretary may extend the 13 week period referred to in subsection 62(2), 63(2) or 63AA(1) if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953, financial assistance is payable in respect of the absence from Australia of the individual mentioned in subsection 62(2) or of the child mentioned in subsection 63(2) or 63AA(1). (4) The Secretary may extend the 13 week period referred to in subsection 62(2) if the Secretary is satisfied that the individual mentioned in that subsection is unable to return to Australia within that period because the individual is: (a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or (b) deployed outside Australia, for the purpose of capacity- building or peacekeeping functions, as: (i) a member or a special member of the Australian Federal Police; or (ii) a protective service officer within the meaning of the Australian Federal Police Act 1979. 64 Calculation of rate of family tax benefit for death of FTB or regular care child The rate of family tax benefit for each day in the period to which subsection 31(2) applies is worked out: (a) by applying the Rate Calculator in Schedule 1 on the assumption that the child who died did not die and is an FTB child, or a regular care child, (as the case requires) of the individual during that period; and (b) by having regard to the actual circumstances during that period of any other child who is, from time to time, an FTB child, or a regular care child, of the individual. 65 Calculation of single amount for death of FTB or regular care child Instalment case (1) The single amount of family tax benefit an individual is eligible for under subsection 32(1) is worked out as follows: Method statement Step 1. Work out the rate of family tax benefit for which the individual would be eligible under this Act (other than under section 31) for the period (the lump sum period) beginning on the request day (see subsection 32(1)) and ending at the end of the section 31 accrual period (see subsection 32(1)) by applying the Rate Calculator in Schedule 1 on the following assumptions: (a) that the child who died did not die and is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period; (b) if on the request day the individual had any other children who were FTB children or regular care children- that each of those children is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period, other than an excluded day (see subsection (2)) in relation to the child; (c) if the lump sum period extends over 2 income years-that the individual's adjusted taxable income for the lump sum period is the same as the individual's adjusted taxable income for the first of those income years. Step 2. If paragraph (b) of step 1 applies, work out the rate of family tax benefit for which the individual would be eligible under this Act (other than under section 31) for the lump sum period by applying the Rate Calculator in Schedule 1 on the following assumptions: (a) that each child mentioned in that paragraph is an FTB child, or a regular care child, (as the case requires) of the individual for each day in that period, other than an excluded day (see subsection (2)) in relation to the child; (b) if paragraph (c) of step 1 applies-the assumption in that paragraph. Step 3. The single amount is the step 1 amount less the step 2 amount (if any). (2) For the purposes of the method statement in subsection (1), a day in the lump sum period is an excluded day in relation to the child if: (a) where the child was aged 21 and undertaking full-time study when the child died-the child would have been aged 22 on that day if the child had not died; or (b) in any other case-the child would have been aged 21 on that day if the child had not died. Other cases (3) The single amount of family tax benefit an individual is eligible for under subsection 32(2) is worked out: (a) by applying the method statement in subsection (1) of this section (disregarding paragraph (c) of step 1, and paragraph (b) of step 2, of the statement) as if a reference to the request day in that statement were a reference to the first day of the second of those income years (see subsection 32(2)); and (b) on the assumption that the individual's adjusted taxable income for the period falling in the second of those income years is the same as the individual's adjusted taxable income for the first of those income years. Division 2-Baby bonus 66 Amount of baby bonus (1) The amount of baby bonus for an individual in respect of a child is $5,000. (2) However, if, because of determinations by the Secretary under subsection 37(3), 2 or more individuals are eligible for baby bonus in respect of the same child, each individual is eligible only for the individual's percentage of baby bonus determined under that subsection. 66A Amount of baby bonus to take into account parental leave pay of others (1) If: (a) an individual has been, or is being, paid parental leave pay for a child; and (b) at any time within the period of 26 weeks starting on the day of the child's birth, the individual has been, or is, the primary carer of the child; and (c) another individual is eligible for baby bonus, under subsection 36(2) or (3), in respect of the same child (whether or not that eligibility is affected by a determination under subsection 37(3)); the Secretary may determine a percentage by which it is reasonable to reduce the other individual's amount of baby bonus in respect of the child in order to take into account that the individual referred to in paragraph (a) is eligible for parental leave pay in respect of the child. (2) Despite section 66, the amount of baby bonus for the other individual in respect of the child is reduced in accordance with the determination. Division 3-Maternity immunisation allowance 67 Amount of maternity immunisation allowance (1) Subject to this section, the amount of maternity immunisation allowance in respect of a child is $210.66. Half-amount (2) Subject to this section, the amount of maternity immunisation allowance in respect of a child is half of the amount under subsection (1) if: (a) the Secretary determines that an individual is entitled to be paid the allowance for the child based on eligibility for the allowance under subsection 39(2), (2A) or (5) or section 40 (so far as it relates to that subsection); or (b) both of the following apply: (i) the Secretary determines that an individual is entitled to be paid the allowance for the child based on eligibility for the allowance under subsection 39(4) or section 40 (so far as it relates to that subsection); (ii) before that determination, the Secretary had determined that an amount of the allowance under this subsection was to be paid in respect of the child based on eligibility for the allowance under subsection 39(2) or (5) or section 40 (so far as it relates to subsection 39(2) or (5)). Exception (3) Subsection (2) does not apply if: (a) the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance under subsection 39(2A) or section 40 (so far as it relates to that subsection); and (b) before that determination: (i) the Secretary had not determined that maternity immunisation allowance, based on eligibility for the allowance under subsection 39(2) or section 40 (so far as it relates to that subsection), was to be paid in respect of the child; and (ii) the Secretary had not determined that maternity immunisation allowance, based on eligibility for the allowance under subsection 39(5) or section 40 (so far as it relates to that subsection), was to be paid in respect of the child. Maximum amount of maternity immunisation allowance (4) If: (a) one amount of maternity immunisation allowance under subsection (1) has been paid in respect of a child; or (b) 2 amounts of maternity immunisation allowance under subsection (2) have been paid in respect of a child; no further amount of maternity immunisation allowance is to be paid in respect of the child. (5) If the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance: (a) under either of subsections 39(2) and (5); or (b) under section 40 (so far as it relates to either of those subsections); no amount of the allowance is to be paid for the child based on eligibility for the allowance under the other of those subsections or under section 40 (so far as it relates to the other of those subsections). 68 When the maternity immunisation allowance is shared If: (a) apart from this section, more than one individual is eligible for maternity immunisation allowance under subsection 39(2), (2A), (4), (5), (6) or (9) in respect of the same child; and (b) each individual has a shared care percentage for the child; each individual is eligible instead only for a percentage of the allowance equal to that individual's shared care percentage of family tax benefit for the child. Division 4-Child care benefit Subdivision A-Overview of Division 69 Overview of Division (1) Subdivisions B, C and CA deal with the rate of fee reductions and child care benefit applicable if care is provided by an approved child care service. (2) Subdivision B sets out the circumstances in which the rate of fee reductions and child care benefit for care provided by an approved child care service are calculated using Schedule 2 and when they are calculated under Subdivision C or CA. (3) Subdivision C deals with the rate applicable in respect of a session of care provided by an approved child care service to a child if: (a) the service gives a certificate under section 76; or (b) the Secretary makes a determination under subsection 81(2), (3) or (4). (4) Subdivision C applies if: (a) a determination of conditional eligibility is in force in respect of an individual with the effect that the individual is conditionally eligible for child care benefit by fee reduction; or (b) an approved child care service is eligible under section 47 for child care benefit by fee reduction for care provided by the service to the child. (4A) Subdivision CA deals with the rate of fee reduction, and child care benefit by fee reduction, applicable in respect of a session of care provided by an approved child care service to a child if: (a) a determination of conditional eligibility is in force in respect of an individual with the effect that the individual is conditionally eligible for child care benefit by fee reduction in respect of the child; and (b) a determination is in force under subsection 50T(1) of the Family Assistance Administration Act with the effect that the individual is eligible for the special grandparent rate for the child. (5) Subdivision D deals with the rate of child care benefit applicable to an individual who is eligible under section 45 for child care benefit for a past period for care provided by a registered carer. Subdivision B-General provisions relating to rate of fee reductions and child care benefit for care provided by an approved child care service 70 Application of Subdivision to parts of sessions of care This Subdivision applies to a rate of fee reductions or child care benefit for a part of a session of care as if a reference in this Subdivision to a session of care included a reference to a part of a session of care. 71 Weekly limit on child care benefit for care provided by an approved child care service The total amount of child care benefit for sessions of care provided by an approved child care service to a child in a week is not to exceed: (a) if an individual is eligible under section 43 for child care benefit by fee reduction for sessions of care provided to the child in the week-the amount that the service would have charged the individual, if the individual was not so eligible, for the sessions; or (b) if an individual is eligible under section 44 for child care benefit for a past period for sessions of care provided to the child in the week-the amount charged by the service for the sessions; or (c) if the service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided in the week-the amount that, if the service had not been so eligible, the service would have charged the individual in whose care the child last was before the first session of care provided to the child in that week for the sessions. 72 Weekly limit on rate of fee reductions while individual is conditionally eligible for care provided by an approved child care service (1) If a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child, the rate of fee reductions for sessions of care provided by the service to the child in a week is limited. (2) The rate is not to exceed the amount that the service would have charged the individual, if the individual were not so conditionally eligible, for sessions of care provided by the service to the child in that week, up to the weekly limit of hours determined as applicable to the individual under section 50H of the Family Assistance Administration Act. 73 Rate of fee reductions or child care benefit-individual conditionally eligible or eligible under section 43 Individual conditionally eligible for child care benefit (1) If a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reductions for care provided by an approved child care service to the child, the individual's rate of fee reductions for a session of care provided by the service to the child is the hourly rate: (a) if paragraph (b), (c) or (d) does not apply (no child at risk or individual in hardship and special grandparent rate does not apply)-worked out using Schedule 2 as if: (i) references in that Schedule to a person being eligible were references to the person being determined to be conditionally eligible under section 50F of the Family Assistance Administration Act; and (ii) references to child care benefit were references to fee reductions; or (b) if the service gives a certificate under subsection 76(1) in respect of the session-specified by the service in the certificate; or (c) if the Secretary makes a determination under subsection 81(2) or (3) in respect of the session-specified by the Secretary in the determination; or (d) if a determination under subsection 50T(1) of the Family Assistance Administration Act with the effect that the individual is eligible for the special grandparent rate for the child is in force when the session of care is provided to the child-worked out under Subdivision CA. Individual eligible for child care benefit (2) If an individual is eligible under section 43 for child care benefit by fee reduction for a session of care provided by an approved child care service to a child, the individual's rate of child care benefit for the session is the hourly rate: (a) if paragraph (b), (c) or (d) does not apply (no child at risk or individual in hardship and special grandparent rate does not apply)-worked out using Schedule 2; or (b) if the service gave a certificate under subsection 76(1) in respect of the session while the individual was conditionally eligible-specified by the service in the certificate in respect of fee reductions; or (c) if the Secretary made a determination under subsection 81(2) or (3) in respect of the session while the individual was conditionally eligible-specified by the Secretary in the determination in respect of fee reductions; or (d) if a determination under subsection 50T(1) of the Family Assistance Administration Act with the effect that the individual is eligible for the special grandparent rate for the child is in force when the session of care is provided to the child-worked out under Subdivision CA. (3) The rate mentioned in paragraph (1)(b), (c) or (d) is taken into account when the Secretary determines the individual's entitlement to be paid child care benefit by fee reduction under section 51B of the Family Assistance Administration Act. (4) Section 71 imposes a limit on the amount of child care benefit that may be paid for sessions of care provided by the service to the child in a week. Section 72 imposes a limit on the rate of fee reductions for sessions of care provided by the service to the child in a week. 74 Rate of child care benefit-individual eligible under section 44 (1) If an individual is eligible under section 44 for child care benefit for a past period for a session of care provided by an approved child care service to a child, the rate of child care benefit for the session is the hourly rate worked out using Schedule 2. (2) The rate is taken into account in setting the amount of the individual's entitlement to be paid child care benefit for the past period under section 52E of the Family Assistance Administration Act. (3) Section 71 imposes a limit on the amount of child care benefit that may be paid for sessions of care provided by the service to the child in a week. 75 Rate of child care benefit-approved child care service if child at risk (1) If an approved child care service is eligible under section 47 for child care benefit by fee reduction for a session of care provided by the service to a child at risk, the service's rate of child care benefit for the session is the hourly rate specified by the service in a certificate given under subsection 76(2), or determined by the Secretary under subsection 81(4), as the case may be. (2) The rate is taken into account in setting the amount of the service's entitlement to be paid child care benefit by fee reduction under section 54B of the Family Assistance Administration Act. (3) Section 71 imposes a limit on the amount of child care benefit that may be paid for sessions of care provided to the child in a week. Subdivision C-Rate of fee reductions and child care benefit if care provided by an approved child care service and child is at risk or individual is in hardship 76 Fee reductions or child care benefit rate certified by an approved child care service Service may certify rate if individual is conditionally eligible (1) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and (b) the service providing the care to the child is satisfied that: (i) the child is at risk of serious abuse or neglect; or (ii) the individual is experiencing hardship of a kind specified in an instrument in force under paragraph 82(3)(a); the service providing the care to the child may, subject to sections 77, 78, 79 and 80, certify in writing the hourly rate of fee reductions applicable for sessions of care provided by the service to the child and the period for which the rate applies. Service must certify rate if approved child care service is eligible (2) If an approved child care service is eligible under section 47 for child care benefit by fee reduction for care provided by the service to a child at risk, the service must, subject to sections 77 and 79, certify in writing the hourly rate of child care benefit applicable for sessions of care provided by the service to the child and the period for which the rate applies. Requirements of certificate (3) The certificate under subsection (1) or (2) must: (b) state if the certificate is given under subsection (1) or (2); and (c) if the certificate is given under subsection (1)-state whether the certificate is given for a reason set out in subparagraph (1)(b)(i) or (ii). (4) The period specified in the certificate under subsection (1) or (2): (a) must be a number of complete weeks; and (b) may start before or after the certificate is given. 77 Limitation on service giving certificates for child at risk-13 weeks only An approved child care service providing care to a child may only give a certificate under: (a) subsection 76(1) for a reason set out in subparagraph 76(1)(b)(i) (child at risk); or (b) subsection 76(2); if: (c) the period specified in the certificate; and (d) the period specified in each other certificate (if any) given by the service under either of the subsections (child at risk or hardship) in relation to the child and the same financial year; do not in total exceed 13 weeks. 78 Limitation on service giving certificates for individual in hardship-13 weeks only An approved child care service providing care to a child may only give a certificate under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) if the total period specified in certificates given: (a) under section 76 by the service (child at risk or hardship); or (b) under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service; in respect of the child in the same financial year does not exceed 13 weeks. 79 Limitation on service giving certificates-reporting period limit (1) An approved child care service providing care to a child may not give, in a particular reporting period, a certificate under section 76 (child at risk or hardship) in respect of a session of care provided by the service to a child if: (a) the service has already, by certificates given under section 76, committed amounts of child care benefit in respect of that child, or in respect of other children, during the same reporting period; and (b) the total amount of child care benefit so committed by the service in relation to that child and those other children, exceeds the reporting period limit for that reporting period (whether the sessions of care to which the commitment relates occur before, during or after the reporting period). Reporting period limit (2) For the purposes of paragraph (1)(b), the reporting period limit, for a reporting period (the subject reporting period) means: (a) 18% of the total amount of child care benefit payable in relation to all care provided by the service during the reference reporting period (see subsection (3)); or (b) if the Secretary determines that paragraph (a) is inappropriate to the circumstances of the service-an amount determined by the Secretary in relation to the subject reporting period. Reference reporting period (3) For the purposes of paragraph (2)(a), the reporting period that is the reference reporting period in relation to the subject reporting period is not the reporting period (the previous reporting period) immediately before the subject reporting period. It is the reporting period immediately preceding the previous reporting period. Secretary may specify a higher percentage for paragraph (2)(a) (4) The Secretary may specify a higher percentage for the purposes of paragraph (2)(a) in relation to an approved child care service and a reporting period. References in subsection (1) to child care benefit (5) The references in paragraphs (1)(a) and (b) to child care benefit are references to: (a) if an individual is conditionally eligible for child care benefit by fee reduction in respect of the child-to fee reductions; and (b) if the service is eligible for child care benefit by fee reduction in respect of the child-to child care benefit. 80 Limitation on service giving certificates for individuals on grounds of hardship-Secretary imposes limit (1) If: (a) an approved child care service has given more than one certificate under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship); and (b) the Secretary is satisfied that the service has demonstrated, in the prior giving of certificates for that reason, a pattern of decisions that are not in accordance with the Minister's specifications under paragraph 82(3)(a) or rules under paragraph 82(3)(b); the Secretary may determine that the service must not give a certificate under subsection 76(1) for the reason of hardship after the Secretary's determination has been made and during the period for which the determination applies. Matters to be specified in Secretary's determination (2) A determination by the Secretary under subsection (1) must: (a) specify the period for which the determination applies; and (b) be notified to the service. 81 Fee reductions or child care benefit rate determined by the Secretary Overview of section (1) This section provides for the rate applicable to: (a) an individual in respect of whom a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force; or (b) an approved child care service that is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; if the Secretary makes a determination as provided for in this section. Secretary may determine rate in cases of hardship-individual conditionally eligible (2) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and (b) either: (i) the total period specified in certificates given by the service under section 76 and certificates given under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service, in respect of the child in the same financial year equals 13 weeks; or (ii) the service is not able to give a certificate under subsection 76(1) because of the operation of section 79 or 80; and (c) the Secretary is satisfied that the individual is experiencing hardship of a kind specified in an instrument in force under paragraph 82(3)(a); and (d) the individual applies to the Secretary under subsection (5); the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child and the period for which the rate applies. Secretary may determine rate if child at risk and individual conditionally eligible (3) If: (a) a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and (b) the service either: (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or (ii) is not able to give a certificate under subsection 76(1) because of the operation of section 79; and (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and (d) the service applies to the Secretary under subsection (5); the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child and the period for which the rate applies. Secretary must determine rate if service eligible and child at risk (4) If: (a) an approved child care service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; and (b) the service either: (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or (ii) is not able to give a certificate under subsection 76(2) because of the operation of section 79; and (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and (d) the service applies to the Secretary under subsection (5); the Secretary must determine the hourly rate of child care benefit for sessions of care the service provides to the child and the period for which the rate applies. Application for determination (5) An application under subsection (2), (3) or (4) must: (a) be made in the form and manner; and (b) contain any information; and (c) be accompanied by any documents; required by the Secretary. Period specified in the determination (7) The period specified in a determination: (a) must be a number of complete weeks; and (b) may start before or after the determination is made. Notice to be given of a determination under subsection (2) (8) The Secretary must give notice of a determination made under subsection (2) to the individual and the service providing the care to the child. Notice to be given of a determination under subsection (3) or (4) (9) The Secretary must give notice of a determination made under subsection (3) or (4) to the service providing the care to the child. Content of notice (10) The notice must state: (a) the name of the child concerned; and (b) the rate determined by the Secretary in respect of sessions of care provided by the service to the child; and (c) that the claimant may apply for review of the determination in the manner set out in Part 5 of the Family Assistance Administration Act. (11) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (8), (9) or (10) are not complied with. 82 Certificate and determination to be made according to rules (1) A certificate under section 76 is to be given in accordance with any rules in force under paragraph (3)(b). (2) A determination under subsection 81(2), (3) or (4) is to be made in accordance with any rules in force under paragraph (3)(b). (3) The Minister may, by legislative instrument: (a) specify kinds of hardship for the purposes of subparagraph 76(1)(b)(ii) and paragraph 81(2)(c); and (b) make rules relating to the giving of certificates under section 76 and the making of determinations under subsections 81(2), (3) and (4). Subdivision CA-Special grandparent rate 82A Special grandparent rate If a determination is in force under subsection 50T(1) of the Family Assistance Administration Act with the effect that an individual is eligible for the special grandparent rate for the child in respect of a session of care provided to the child by an approved child care service, the individual's hourly rate of fee reductions, and of child care benefit by fee reduction, for the session is equal to 100% of the hourly rate charged by the service for the session. Subdivision D-Care provided by registered carer 83 Rate of child care benefit for care provided by registered carer (1) The hourly rate of child care benefit for care provided to a child by a registered carer is an amount per hour worked out in accordance with the formula: [pic] where: minimum hourly amount is $0.581. schooling % is: (a) 85% if the child is a school child; and (b) 100% if the child is not a school child. Section 84 imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week. (2) To avoid doubt, the hourly rate may be applied to a part of an hour. That part of the hour attracts the appropriate proportion of the amount for a full hour. 84 Weekly limit on child care benefit for care provided by a registered carer The total amount of child care benefit for care provided to a child by a registered carer or carers in a week is not to exceed the lesser of the following: (a) the amount worked out as follows: [pic] (b) the amount paid for the care. Division 4A-Child care rebate Subdivision AA-Child care rebate for a week 84AAA Amount of the child care rebate-for a week If the Secretary calculates, under section 65EAAA of the Family Assistance Administration Act, the amount of child care rebate applicable in respect of an individual and a child for care provided for the child by an approved child care service in a week, the amount is worked out as follows: Method statement Step 1. Work out the total amount of the individual's approved child care fees for care provided for the child by the approved child care service in the week. Step 2. Work out the total amount (if any) of so much of the fee reductions: (a) calculated under subsection 50Z(1) of the Family Assistance Administration Act; or (b) recalculated under subsection 50ZA(1) of that Act; in respect of the individual and the child as are attributable to the care provided for the child by the approved child care service in the week. Step 3. Work out the total amount of Jobs Education and Training (JET) Child Care fee assistance (if any) that the individual is eligible to receive for the child that is attributable to the care provided for the child by the approved child care service in the week. Step 4. Work out the lesser of the following amounts for the child: (a) the amount worked out using the formula: [pic] (b) the amount worked out by subtracting from the child care rebate limit for the income year in which the week began, the total of the child care rebate (if any) applicable in respect of the individual and the child for each earlier week that falls wholly in that income year (whether paid weekly or quarterly). Step 5. The amount of child care rebate applicable in respect of the individual and the child for care provided for the child by the approved child care service in the week is: (a) the step 4 amount reduced by the reduction percentage; or (b) if the Secretary determines under section 84AAD that the step 4 amount is not to be reduced-the step 4 amount. 84AAB Component of formula-approved child care fees General rule-approved child care fees for care provided for a child in a week (1) For the purposes of section 84AAA, the amount of an individual's approved child care fees for care provided for a child by an approved child care service in a week is the amount of fees for which: (a) the individual; or (b) the individual's partner during the week; is liable for the care. For this purpose, disregard the weekly limit of hours applicable to the individual in the week. Special rule if the week is also a week for the individual's partner for the child (2) However, the individual's approved child care fees for care provided for the child in the week do not include fees that the individual's partner is liable to pay if: (a) paragraphs 57EAA(1)(b) to (e) (as affected by subsections 57EAA(2) and (3)) are satisfied for the partner and the child for the week; or (b) the week is a base week for the individual's partner and the child under section 84AC (partner receiving child care rebate quarterly). Disregard amounts passed on to reduce fees (3) For the purposes of this section, disregard any amount passed on to the individual under section 219B or section 219EA of the Family Assistance Administration Act for the care. 84AAC Component of formula-reduction percentage (1) For the purposes of section 84AAA, the reduction percentage is: (a) 15%; or (b) if the Secretary specifies a percentage in an instrument under subsection (2)-that percentage. (2) The Secretary may, by legislative instrument, specify a percentage for the purposes of paragraph (1)(b). 84AAD Component of formula-Secretary determines that step 4 amount not to be reduced (1) The Secretary may determine in writing that, for the purposes of step 5 of the method statement in section 84AAA as it applies in calculating the amount of child care rebate applicable in respect of an individual and a child specified in the determination, the step 4 amount is not to be reduced. (2) A determination under subsection (1) must specify either: (a) the week or weeks to which it is to apply; or (b) that it is to apply to weeks beginning on or after a specified day. The determination may apply to a week or weeks beginning before the determination is made. (3) The Secretary may only make a determination under subsection (1) in respect of an individual and a child: (a) if the amount of fee reduction calculated by the Secretary under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for sessions of care provided in a week to which the determination applies is a nil amount because the CCB % applicable to the individual is zero %; or (b) in other circumstances of a kind determined by the Secretary, by legislative instrument. Subdivision A-Child care rebate for a quarter 84AA Amount of the child care rebate-for a quarter If the Secretary calculates, under subsection 65EAA(1) of the Family Assistance Administration Act, the amount of child care rebate applicable in respect of an individual and a child for a quarter in an income year, the amount is worked out as follows: Method statement Step 1. Work out the total amount of the individual's approved child care fees for the child in each base week for the individual and the child in the quarter. Step 2. Work out the total amount (if any) of so much of the fee reductions: (a) calculated under subsection 50Z(1) of the Family Assistance Administration Act; or (b) recalculated under subsection 50ZA(1) of that Act; in respect of the individual and the child as are attributable to each base week in the quarter. Step 3. Work out the total amount of Jobs Education and Training (JET) Child Care fee assistance (if any) that the individual is eligible to receive for the child in each base week for the individual and the child in the quarter. Step 4. Work out the lesser of the following amounts for the child: (a) the amount worked out using the formula: [pic] (b) the amount worked out by subtracting the total of the child care rebate (if any) applicable in respect of the individual and the child for each earlier quarter in the income year (whether paid weekly or quarterly from the child care rebate limit for the income year. Step 5. The result is the amount of the individual's child care rebate for the child for the quarter. 84AB Component of formula-approved child care fees General rule-approved child care fees for a base week for an individual and a child (1) For the purposes of section 84AA, the amount of an individual's approved child care fees for a child in a base week for the individual and the child is the amount of fees for which: (a) the individual; or (b) the individual's partner during the week; is liable for care provided by an approved child care service or services for the child during the week. For this purpose, disregard the weekly limit of hours applicable to the individual in the week. (2) However, the individual's approved child care fees for the week do not include fees that the individual's partner is liable to pay if: (a) the base week is also a base week for the individual's partner and the child; or (b) paragraphs 57EAA(1)(b) to (e) (as affected by subsections 57EAA(2) and (3)) are satisfied for the partner and the child for the week (partner receiving child care rebate weekly). Disregard amounts passed on to reduce fees (3) For the purposes of this section, disregard any amount passed on to the individual under section 219B or section 219EA of the Family Assistance Administration Act. 84AC Component of formula-base week For the purposes of section 84AA, a week is a base week for an individual for a child in a quarter if: (a) all or part of the week falls within the quarter; and (b) paragraphs 57EA(1)(b) to (e) (as affected by subsections 57EA(2) and (3)) are satisfied for the individual, the child and the week. Subdivision B-Child care rebate for an income year 84A Amount of the child care rebate-for an income year If a determination of entitlement for child care rebate under section 65EA or 65EB, or subsection 65EC(1), of the Family Assistance Administration Act is in force in respect of an income year (the rebate year) in respect of an individual for child care provided by one or more approved child care services to a child during the year, the amount of the rebate which the individual is entitled to be paid in respect of the child for the year is worked out as follows: Method statement Step 1. Work out the total amount of the individual's approved child care fees for the child in each base week for the individual and the child in the rebate year. Step 2. Work out the total amount (if any) of the individual's entitlement to child care benefit for the care for the child in each base week for the individual and the child in the rebate year. Step 3. Work out the total amount of Jobs Education and Training (JET) Child Care fee assistance (if any) that the individual is eligible to receive for the child in each base week for the individual and the child in the rebate year. Step 4. Work out the lesser of the following amounts (the child rebate) for the child: (a) the amount worked out using the formula: [pic] (b) the child care rebate limit for the rebate year. Step 5. The result is the amount of the individual's child care rebate for the child for the rebate year. 84B Component of formula-approved child care fees General rule-approved child care fees for a base week for an individual and a child (1) For the purposes of section 84A, the amount of an individual's approved child care fees for a child in a base week for the individual and the child is the amount of fees for which: (a) the individual; or (b) the individual's partner during the week; is liable for care provided by an approved child care service or services for the child during the week. Subject to subsection (2), it does not matter whether the individual is entitled to child care benefit for that care. Special rule if the week is also a base week for the individual's partner for the child (2) However, if the base week is also: (a) a base week for the individual's partner and the child; or (b) a base week, for the purposes of section 84DA, for the individual's partner and the child; the amount of the individual's approved child care fees for the child in the base week is the amount of fees payable for care provided during the week that is covered by a determination mentioned in paragraph 84C(c) in respect of the individual and the child. Disregard amounts passed on to reduce fees (3) For the purposes of this section, disregard any amount passed on to the individual under section 219B or section 219EA of the Family Assistance Administration Act. 84C Component of formula-base week For the purposes of section 84A, a week is a base week for an individual for a child in a rebate year if: (a) all or part of the week falls within the rebate year; and (b) care is provided by one or more approved child care services to the child during the week; and (c) one of the following determinations is made: (i) a determination under section 51B of the Family Assistance Administration Act that the individual is entitled to be paid child care benefit by fee reduction for the care; (ii) a determination under subsection 51C(1) of the Family Assistance Administration Act in relation to the individual and the care; (iii) a determination under section 52E of the Family Assistance Administration Act that the individual is entitled to be paid child care benefit for the care; (iv) a determination under subsection 52G(1) of the Family Assistance Administration Act in relation to the individual and the care; and (d) paragraph 57F(1)(c) (as affected by subsections 57F(2) and (3)) is satisfied for the week. 84D Component of formula-amount of the individual's entitlement to child care benefit The amount of an individual's entitlement to child care benefit for the care of a child by one or more approved child care services in a base week for the individual and the child in a rebate year is: (a) for an individual in respect of whom a determination of entitlement is made under section 51B of the Family Assistance Administration Act in respect of one or more sessions of care provided during that week-so much of the amount in which the individual is determined to be entitled to be paid child care benefit by fee reduction for the rebate year as is attributable to that week; and (b) for an individual in respect of whom a determination is made under section 52E of the Family Assistance Administration Act for a past period-so much of the amount in which the individual is determined to be entitled to be paid child care benefit for the rebate year as is attributable to that week; and (c) for an individual in respect of whom a determination is made under subsection 51C(1) or 52G(1) of the Family Assistance Administration Act-a nil amount, to the extent that the determination relates to the session or sessions of care provided during that week. Subdivision BA-Child care rebate relating to child care benefit in substitution 84DA Amount of the child care rebate-relating to child care benefit in substitution If a determination of entitlement for child care rebate under section 65ECA of the Family Assistance Administration Act is in force in respect of: (a) a period (the entitlement period); and (b) an individual (the substitute individual), and a deceased individual, for child care provided by one or more approved child care services to a child during that period; the amount of the rebate which the substitute individual is entitled to be paid in respect of the child for that period is worked out as follows: Method statement Step 1. Work out the rebate periods. The entitlement period will be the rebate period if it is entirely within an income year. However, if the entitlement period is spread over 2 income years, the part of the entitlement period in each of those years will be a rebate period. Step 2. Work out the total amount of the deceased individual's approved child care fees for the child in each base week for the deceased individual and the child in each rebate period. Step 3. Work out the amount (if any) of the substitute individual's entitlement to child care benefit by single payment/in substitution for the care for the child in each base week for the deceased individual and the child in each rebate period. Step 4. Work out the total amount of Jobs Education and Training (JET) Child Care fee assistance (if any) that the deceased individual was eligible to receive for the child in each base week for the deceased individual and the child in each rebate period. Step 5. Work out, for each rebate period, the lesser of the following amounts for the child: (a) the amount worked out using the formula: [pic] (b) the child care rebate limit for the income year that includes the rebate period. Add the results if there are 2 rebate periods. Step 6. The result is the amount of the substitute individual's child care rebate for the child for the entitlement period. 84DB Component of formula-approved child care fees General rule-approved child care fees for a base week for the deceased individual and a child (1) For the purposes of section 84DA, the amount of the deceased individual's approved child care fees for a child in a base week for the deceased individual and the child is the amount of fees for which: (a) the deceased individual; or (b) the deceased individual's partner during the week; is liable for care provided by an approved child care service or services for the child during the week. Subject to subsection (2), it does not matter whether there is any entitlement to child care benefit for that care. Special rule if the week is also a base week for the deceased individual's partner for the child (2) However, if the base week is also: (a) a base week for the deceased individual's partner and the child; or (b) a base week, for the purposes of section 84A, for the deceased individual's partner and the child; the amount of the deceased individual's approved child care fees for the child in the base week is the amount of fees payable for care provided during the week that is covered by a determination mentioned in paragraph 84DC(c) in respect of the deceased individual and the child. Disregard amounts passed on to reduce fees (3) For the purposes of this section, disregard any amount passed on to the deceased individual under section 219B or section 219EA of the Family Assistance Administration Act. 84DC Component of formula-base week For the purposes of section 84DA, a week is a base week for a deceased individual for a child in a rebate period if: (a) all or part of the week falls within the rebate period; and (b) care is provided by one or more approved child care services to the child during the week; and (c) the care is covered by: (i) a determination under section 53D of the Family Assistance Administration Act that the substitute individual is entitled to be paid child care benefit by single payment/in substitution because of the death of the deceased individual; or (ii) a determination under subsection 53E(1) of the Family Assistance Administration Act in relation to the substitute individual and the death of the deceased individual; and (d) paragraph 57F(1A)(c) (as affected by subsections 57F(2) and (3)) is satisfied for the week. 84DD Component of formula-amount of the substitute individual's entitlement to child care benefit The amount of a substitute individual's entitlement to child care benefit by single payment/in substitution for the care of a child in a base week for the deceased individual and the child in a rebate period is: (a) for a substitute individual in respect of whom a determination is made under section 53D of the Family Assistance Administration Act because of the death of the deceased individual-so much of the amount in which the substitute individual is determined to be entitled to be paid child care benefit for the rebate period as is attributable to that week; and (b) for a substitute individual in respect of whom a determination is made under subsection 53E(1) of that Act because of the death of the deceased individual-a nil amount, to the extent that the determination relates to the session or sessions of care provided during that week. Subdivision C-Common components of each formula 84A Component of each formula-Jobs Education and Training (JET) Child Care fee assistance For the purposes of sections 84AAA, 84AA, 84A and 84DA, Jobs Education and Training (JET) Child Care fee assistance, in relation to a week, means the payment of that name that is paid by the Commonwealth to the individual in respect of child care provided by one or more approved child care services to the child in the week. Note: The individual may be a deceased individual (see step 4 of the method statement in section 84DA). 84F Component of each formula-child care rebate limit For the purposes of sections 84AAA, 84AA, 84A and 84DA, the child care rebate limit is: (a) for the income year ending on 30 June 2007-$4,211; and (b) for the income year ending on 30 June 2008-$4,354; and (c) for the income year ending on 30 June 2009-$7,500; and (d) for the income year ending on 30 June 2010-$7,778; and (e) for the income year ending on 30 June 2011-$7,941; and (ea) for each of the income years ending on 30 June 2012, 30 June 2013 and 30 June 2014-$7,500; and (f) for a later income year-the indexed amount substituted under Schedule 4 on 1 July of that later income year for the child care rebate limit for the previous income year. Division 4B-Rate of single income family supplement 84G Rate of single income family supplement (1) An individual's rate of single income family supplement is worked out in accordance with this section. (2) For the purposes of this section: (a) the main income earner is: (i) if the individual is not a member of a couple-the individual; or (ii) if the individual is a member of a couple-the member of the couple whose taxable income for the income year is the highest (or the individual if those taxable incomes are equal); and (b) if the individual is a member of a couple-the low income earner is the member of the couple whose taxable income for the income year is the lowest (or the individual's partner if those taxable incomes are equal). Annual rate (3) An individual's annual rate of single income family supplement is nil if the main income earner's taxable income for the income year (rounded down to the nearest dollar) is: (a) $68,000 or less; or (b) $150,000 or more. (4) An individual's annual rate of single income family supplement is worked out as follows if the main income earner's taxable income for the income year (rounded down to the nearest dollar) is more than $68,000 and less than $150,000: Method statement Step 1. Work out the main income earner's taxable income (rounded down to the nearest dollar). Step 2. Reduce the amount at step 1 by $68,000. Step 3. Multiply the amount worked out at step 2 by 0.025. Step 4. If the amount at step 3 is less than or equal to $300, the provisional component is the amount at step 3. Step 5. If the amount at step 3 is more than $300, the provisional component is: (a) if the main income earner's taxable income exceeds $80,000 and is less than or equal to $120,000-$300; or (b) if the main income earner's taxable income exceeds $120,000-$300 less $0.01 for each dollar of the excess. Step 6. If the individual is not a member of a couple-the individual's annual rate of single income family supplement is the provisional component. Step 7. If the individual is a member of a couple-the individual's annual rate of single income family supplement is the provisional component less any reduction under step 8. Step 8. If the low income earner's taxable income for the income year (rounded down to the nearest dollar) exceeds $16,000, the provisional component is reduced (but not below nil) by $0.15 for each dollar of the excess. Daily rate (5) The daily rate of single income family supplement is the annual rate divided by 365 and rounded to the nearest cent (rounding 0.5 cents upwards). If the daily rate before rounding is above nil and below half a cent, round up to 1 cent. 84GA Sharing single income family supplement between members of a couple in a blended family If the Secretary determines under section 57GC an individual's percentage of the single income family supplement for qualifying children of the individual, the individual's annual rate of single income family supplement is that percentage of the rate that would otherwise apply. 84GB Sharing single income family supplement between separated members of a couple for period before separation If the Secretary determines under section 57GD an individual's percentage of the single income family supplement for a qualifying child or children of the individual for a period, the individual's annual rate of single income family supplement for that period is that percentage of the rate that would otherwise apply for the period. Division 5-Indexation 85 Indexation of amounts (1) Schedule 4 provides for the indexation of certain amounts used in working out rates of family assistance. (2) Schedule 4 also provides for the indexation of amounts of baby bonus and maternity immunisation allowance. Part 5-One-off payment to families 86 When is an individual entitled to a one-off payment to families? (1) An individual (the entitled individual) is entitled to a one- off payment to families if subsection (2), (3) or (4) applies to the individual. (2) This subsection applies to the individual if: (a) on 11 May 2004, a determination under subsection 16(2) of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the daily rate (the applicable section 16 rate) of family tax benefit that was determined in the determination and applicable to 11 May 2004 consisted of or included a Part A rate greater than nil. (3) This subsection applies to the individual (the recipient) if the recipient has been paid one or more instalments of youth allowance in relation to which the following conditions are satisfied: (a) the instalment was in respect of a period that included 11 May 2004; (b) the instalment was of another individual who, on 11 May 2004, was under 18 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991); (c) the instalment was paid to the recipient: (i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999; or (ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999. (4) This subsection applies to the individual if: (a) neither of subsections (2) and (3) applies to the individual; and (b) on 11 May 2004, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (c) the determination determined a daily rate of family tax benefit for the whole, or part, of the 2002-03 income year that consisted of or included a Part A rate greater than nil. The rate applicable to the last day in the 2002-03 income year in relation to which the determination determined a daily rate as mentioned in paragraph (c) is the applicable section 17 rate. 87 In respect of what children is the payment payable? Each of the following is an eligible child in relation to the entitled individual: (a) if subsection 86(2) applies to the entitled individual (whether or not subsection 86(3) also applies)-each FTB child taken into account in determining the applicable section 16 rate; (b) if subsection 86(3) applies to the entitled individual (whether or not subsection 86(2) also applies)-the other individual, or each other individual, referred to in paragraph 86(3)(b); (c) if subsection 86(4) applies to the entitled individual-each FTB child taken into account in determining the applicable section 17 rate. 88 What is the amount of the payment? Add together the amounts applicable under this section for each eligible child (1) The amount of the one-off payment to the entitled individual is worked out by adding together the amounts applicable under this section for each eligible child. Amount is $600 unless another subsection applies (2) Subject to this section, the amount applicable for an eligible child is $600. Reduced amount if applicable section 16 or 17 rate took account of a subsection 59(1) percentage determination (3) If the applicable section 16 rate, or the applicable section 17 rate, took account of a determination under subsection 59(1) of a particular percentage in relation to an eligible child covered by paragraph 87(a) or (c), the amount applicable for the eligible child is that percentage of $600. Reduced amount if applicable section 16 or 17 rate took account of a section 28 percentage determination (4) If the applicable section 16 rate, or the applicable section 17 rate, took account of a determination under section 28 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children)-the amount applicable for the eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $600; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Reduced amount if applicable section 17 rate took account of a section 29 percentage determination (5) If the applicable section 17 rate took account of a determination under section 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 eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $600; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Part 6-Economic security strategy payment to families Division 1-Entitlements in respect of eligible children 89 When is an individual entitled to an economic security strategy payment to families? (1) An individual (the entitled individual) is entitled to an economic security strategy payment to families if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the individual. FTB category (2) This subsection applies to the individual if: (a) in relation to 14 October 2008, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children. (3) This subsection applies to the individual if: (a) in relation to 14 October 2008, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09, 2009-10 or 2010-11 income year; and (c) if the claim was made in the 2008-09 income year-the rate (the applicable rate) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children; and (d) if the claim was made in the 2009-10 or 2010-11 income year: (i) the individual has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in the 2008-09 income year; and (ii) the rate (the applicable rate) of family tax benefit that was payable under the determination after the individual satisfied those conditions, and that was payable in relation to 14 October 2008, consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children. (4) This subsection applies to the individual if: (a) in relation to 14 October 2008, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09 income year or a later income year; and (c) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 14 October 2008 consisted of or included a Part A rate greater than nil worked out taking into account one or more FTB children. Youth allowance category (5) This subsection applies to the individual (the recipient) if the recipient has been paid an instalment of youth allowance in relation to which the following conditions are satisfied: (a) the instalment was in respect of a period that included 14 October 2008; (b) the instalment was of another individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991); (c) the instalment was paid to the recipient: (i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999; or (ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999. ABSTUDY category (6) This subsection applies to the individual if: (a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid in respect of a dependent student; and (b) the instalment was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the student was a dependent student under the scheme and was under 25 years of age; and (d) on 14 October 2008, the individual was a parent or guardian of the student; and (e) the individual is either: (i) the parent or guardian to whom the whole or part was paid; or (ii) if no amount of the instalment was paid to a parent or guardian of the student and no amount of the instalment was paid to the student-the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section. Education allowance category (7) This subsection applies to the individual if: (a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid in respect of a student; and (b) the allowance was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the student was under 25 years of age; and (d) on 14 October 2008, the individual was a parent or guardian of the student; and (e) the individual is either: (i) the parent or guardian to whom the whole or part was paid; or (ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student-the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section. (8) This subsection applies to the individual if: (a) the whole or a part of an education allowance under section 3.2, 3.3, 3.4 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid in respect of a student; and (b) the allowance was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the student was under 25 years of age; and (d) on 14 October 2008, the individual was a parent or guardian of the student; and (e) the individual is either: (i) the parent or guardian to whom the whole or part was paid; or (ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student-the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be entitled to a payment under this section. 90 In respect of what children is the payment payable? Each of the following is an eligible child in relation to the entitled individual: (a) if subsection 89(2) applies to the entitled individual-each FTB child taken into account in determining the applicable rate; (b) if subsection 89(3) applies to the entitled individual-each FTB child taken into account in determining the applicable rate; (c) if subsection 89(4) applies to the entitled individual-each FTB child taken into account in determining the applicable rate; (d) if subsection 89(5) applies to the entitled individual-the other individual, or each other individual, covered by paragraph 89(5)(b); (e) if subsection 89(6) applies to the entitled individual-the dependent student, or each dependent student, covered by paragraph 89(6)(a); (f) if subsection 89(7) applies to the entitled individual-the student, or each student, covered by paragraph 89(7)(a); (g) if subsection 89(8) applies to the entitled individual-the student, or each student, covered by paragraph 89(8)(a). 91 What is the amount of the payment? Add together the amounts applicable under this section for each eligible child (1) The amount of the economic security strategy payment to the entitled individual is worked out by adding together the amounts applicable under this section for each eligible child. Amount is $1,000 unless another subsection applies (2) Subject to this section, the amount applicable for an eligible child is $1,000. Reduced amount if applicable rate took account of an individual's shared care percentage (3) If the applicable rate (see section 89) took account of a shared care percentage in relation to an eligible child covered by paragraph 90(a), (b) or (c), the amount applicable for the eligible child is that percentage of $1,000. Reduced amount if applicable rate took account of a section 28 percentage determination (4) If the applicable rate (see section 89) took account of a determination under section 28 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children)-the amount applicable for the eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $1,000; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Reduced amount if applicable rate took account of a section 29 percentage determination (5) If the applicable rate (see section 89) took account of a determination under section 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 eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $1,000; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Reduced amount for part of education allowance (6) If: (a) subsection 89(7) or (8) applies in circumstances where the entitled individual was paid a part (the applicable part) of the allowance concerned in relation to an eligible child; and (b) another parent or guardian of the eligible child was paid a part of the allowance concerned; the amount applicable for the eligible child is worked out as follows: [pic] 92 General rules Overlapping categories (1) If, at the time the Secretary determines whether an individual is entitled to an economic security strategy payment to families under this Division, 2 or more subsections of section 89 would otherwise apply to the individual in relation to an eligible child, then the first of those subsections applies to the individual in relation to that child and none of the others apply to the individual in relation to that child. Note: For the purposes of this section, section 91 of this Act (amount of payment) and section 71J of the Family Assistance Administration Act (debts), it is necessary to know which subsection of section 89 of this Act applies to an individual. More than one recipient per child in FTB category (2) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(2), (3) or (4) applied to the individual, then another individual can be paid an economic security strategy payment to families under this Division in relation to that child only if subsection 89(2), (3) or (4) applies to the other individual. Only one recipient per child in youth allowance or ABSTUDY category (3) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(5) or (6) applied to the individual, then no other individual can be paid an economic security strategy payment to families under this Division in relation to that child. More than one recipient per child in education allowance category (4) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual because subsection 89(7) or (8) applied to the individual, then another individual can be paid an economic security strategy payment to families under this Division in relation to that child only if subsection 89(7) or (8) applies to the other individual. One payment per individual per eligible child (5) If an economic security strategy payment to families under this Division in relation to an eligible child is paid to an individual, no further economic security strategy payment to families under this Division in relation to that child can be paid to the individual. Division 2-Other entitlements 93 When is an individual entitled to an economic security strategy payment to families? (1) An individual (the entitled individual) is entitled to an economic security strategy payment to families if subsection (2), (3), (4) or (5) applies to the individual. Youth allowance category (2) This subsection applies to the individual if the individual has been paid an instalment of youth allowance in relation to which the following conditions are satisfied: (a) the instalment was in respect of a period that included 14 October 2008; (b) the instalment was of the individual who, on 14 October 2008, was under 25 years of age and was not independent (within the meaning of Part 3.5 of the Social Security Act 1991). ABSTUDY category (3) This subsection applies to the individual if: (a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid to the individual as a dependent student; and (b) the instalment was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the individual was a dependent student under the scheme and was under 25 years of age. Education allowance category (4) This subsection applies to the individual if: (a) an education allowance under section 3.3, 3.5 or 3.6A of the Veterans' Children Education Scheme was paid to the individual as a student; and (b) the allowance was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the individual was under 25 years of age. (5) This subsection applies to the individual if: (a) an education allowance under section 3.3 or 3.5 of the Military Rehabilitation and Compensation Act Education and Training Scheme was paid to the individual as a student; and (b) the allowance was in respect of a period that included 14 October 2008; and (c) on 14 October 2008, the individual was under 25 years of age. 94 What is the amount of the payment? The amount of the economic security strategy payment to the entitled individual is $1,000. Part 7-Back to school bonus and single income family bonus Division 1-Back to school bonus Subdivision A-Entitlements in relation to eligible children 95 When is an individual entitled to a back to school bonus? (1) An individual (the entitled individual) is entitled to a back to school bonus if subsection (2), (3) or (4) applies to the individual. (2) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009. (3) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09, 2009-10 or 2010-11 income year; and (c) if the claim was made in the 2008-09 income year-the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009; and (d) if the claim was made in the 2009-10 or 2010-11 income year: (i) the individual has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in the 2008-09 income year; and (ii) the rate (the applicable rate) of family tax benefit that was payable under the determination after the individual satisfied those conditions, and that was payable in relation to 3 February 2009, consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009. (4) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09 income year or a later income year; and (c) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 4 or more and less than 19 on 3 February 2009 (or, if the child has died, who would have been that age on that date if the child had not died). 96 In respect of what children is the bonus payable? Each of the following is an eligible child in relation to the entitled individual: (a) if subsection 95(2) applies to the entitled individual-each FTB child covered by paragraph 95(2)(b) and taken into account in determining the applicable rate; (b) if subsection 95(3) applies to the entitled individual-each FTB child covered by paragraph 95(3)(c) or subparagraph 95(3)(d)(ii) and taken into account in determining the applicable rate; (c) if subsection 95(4) applies to the entitled individual-each FTB child covered by paragraph 95(4)(c) and taken into account in determining the applicable rate. 97 What is the amount of the bonus? Add together the amounts applicable under this section for each eligible child (1) The amount of the back to school bonus to the entitled individual is worked out by adding together the amounts applicable under this section for each eligible child. Amount is $950 unless another subsection applies (2) Subject to this section, the amount applicable for an eligible child is $950. Reduced amount if applicable rate took account of an individual's shared care percentage (3) If the applicable rate (see section 95) took account of a shared care percentage in relation to an eligible child, the amount applicable for the eligible child is that percentage of $950. Reduced amount if applicable rate took account of a section 28 percentage determination (4) If the applicable rate (see section 95) took account of a determination under section 28 of a particular percentage in relation to one or more FTB children (being an eligible child or eligible children)-the amount applicable for the eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $950; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Reduced amount if applicable rate took account of a section 29 percentage determination (5) If the applicable rate (see section 95) took account of a determination under section 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 eligible child, or for each of those eligible children, is: (a) unless paragraph (b) applies-that percentage of $950; or (b) if subsection (3) also applies in relation to the eligible child-that percentage of the amount worked out under subsection (3) for the eligible child. Subdivision B-Other entitlements 98 When is an individual entitled to a back to school bonus? An individual is entitled to a back to school bonus if: (a) the individual was receiving either of the following payments in relation to 3 February 2009: (i) a carer payment under Part 2.5 of the Social Security Act 1991; (ii) a disability support pension under Part 2.3 of the Social Security Act 1991; and (b) the individual was aged less than 19 on 3 February 2009. 99 What is the amount of the bonus? The amount of the back to school bonus to the individual is $950. Subdivision C-General rules 100 General rules (1) If a back to school bonus under Subdivision A in relation to an eligible child (see section 96) is paid to an individual, no back to school bonus under Subdivision B can be paid to the eligible child. (2) If a back to school bonus under Subdivision B is paid to an individual (the recipient), no back to school bonus under Subdivision A can be paid to another individual in relation to the recipient. Division 2-Single income family bonus 101 When is an individual entitled to a single income family bonus? (1) An individual (the entitled individual) is entitled to a single income family bonus if subsection (2), (3) or (4) applies to the individual. (2) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 16 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part B rate greater than nil. (3) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 17 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09, 2009-10 or 2010-11 income year; and (c) if the claim was made in the 2008-09 income year-the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part B rate greater than nil; and (d) if the claim was made in the 2009-10 or 2010-11 income year: (i) the individual has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in the 2008-09 income year; and (ii) the rate (the applicable rate) of family tax benefit that was payable under the determination after the individual satisfied those conditions, and that was payable in relation to 3 February 2009, consisted of or included a Part B rate greater than nil. (4) This subsection applies to the individual if: (a) in relation to 3 February 2009, a determination under section 18 of the Family Assistance Administration Act was in force in respect of the individual as a claimant; and (b) the determination was made as a result of a claim made in the 2008-09 income year or a later income year; and (c) the rate (the applicable rate) of family tax benefit payable under the determination in relation to 3 February 2009 consisted of or included a Part B rate greater than nil. 102 What is the amount of the bonus? Amount is $900 unless another subsection applies (1) Subject to this section, the amount of the single income family bonus to the entitled individual is $900. Reduced amount if applicable rate took account of an individual's shared care percentage (2) If the applicable rate (see section 101) was worked out taking into account only one FTB child and a shared care percentage in relation to that child, the amount of the single income family bonus to the entitled individual is that percentage of $900. (3) If the applicable rate (see section 101) was worked out taking into account more than one FTB child and a shared care percentage for each of those children, the amount of the single income family bonus to the entitled individual is the highest of those percentages of $900. Reduced amount if applicable rate took account of a section 28 percentage determination (4) If the applicable rate (see section 101) took account of a determination under section 28 of a particular percentage in relation to one or more FTB children, the amount of the single income family bonus to the entitled individual is: (a) unless paragraph (b) applies-that percentage of $900; or (b) if subsection (2) or (3) also applies-that percentage of the amount worked out under subsection (2) or (3). Reduced amount if applicable rate took account of a section 29 percentage determination (5) If the applicable rate (see section 101) took account of a determination under section 29 of a particular percentage in relation to one or more FTB children, the amount of the single income family bonus to the entitled individual is: (a) unless paragraph (b) applies-that percentage of $900; or (b) if subsection (2) or (3) also applies-that percentage of the amount worked out under subsection (2) or (3). Part 8-Clean energy advances Division 1-Entitlement to clean energy advances 103 Entitlement in normal circumstances Entitlement for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that an individual is entitled to a clean energy advance if: (a) in relation to that day: (i) a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or (ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and (b) the individual is in Australia on that day; and (c) the individual's rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and (d) that rate was worked out taking into account at least one FTB child of the individual who is in Australia on that day; and (e) on that day, neither section 32AA nor 32AD of the Family Assistance Administration 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 that Act. Note: The amount of the advance is worked out under sections 105 and 106. Entitlement for days 1 July 2012 to 30 June 2013 (2) The Secretary may determine that an individual is entitled to a clean energy advance if: (a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013: (i) a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or (ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and (b) the individual is not an absent overseas recipient on that day (disregarding section 63A); and (c) the individual's rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and (d) that rate was worked out taking into account at least one FTB child of the individual who is not an absent overseas FTB child on that day (disregarding section 63A). Note: The amount of the advance is worked out under sections 105 and 106. (3) However, the Secretary must not make a determination under subsection (2) on a day before 1 July 2013 if: (a) on that day: (i) the individual is outside Australia and the individual left Australia before 1 April 2013; and (ii) the individual is not an absent overseas recipient (disregarding section 63A); or (b) on that day: (i) each FTB child of the individual is outside Australia and each FTB child of the individual left Australia before 1 April 2013; and (ii) each FTB child of the individual is not an absent overseas FTB child (disregarding section 63A). Operation of section 32 (4) For the purposes of paragraphs (1)(c) and (d) and (2)(c) and (d), disregard section 32. One clean energy advance only (5) An individual is not entitled to more than one clean energy advance under this section. 104 Entitlement where death occurs (1) The Secretary may determine that an individual is entitled to a clean energy advance if: (a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013, a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 33 of this Act because of the death of another individual; and (b) either: (i) the Secretary has determined that the other individual was entitled to an amount of a clean energy advance, but the other individual died before the amount was paid; or (ii) the Secretary is satisfied that the other individual would have become entitled to an amount of a clean energy advance if the other individual had not died. Note: The amount of the advance is worked out under section 107. (2) If the Secretary makes a determination under subsection (1), no- one else is, or can become, entitled to a clean energy advance because of the death of the other individual. Division 2-Amount of clean energy advance 105 Amount of advance where entitlement under section 103 (1) On the day (the decision day) that the Secretary determines that an individual is entitled to a clean energy advance under section 103, the Secretary must work out the amount of the advance. Secretary determines entitlement before 1 July 2012 (2) If the decision day is before 1 July 2012, the amount of the individual's clean energy advance is, subject to subsections (5) and (6), worked out as follows: Method statement Step 1. Work out the individual's clean energy daily rate (see section 106) on the decision day (assuming that any rate or amount that is to be indexed on 1 July 2012 had already been indexed on the decision day). Step 2. Multiply the amount at step 1 by 365: the result is the amount of the individual's clean energy advance. Secretary determines entitlement in the 2012-13 income year (3) If the decision day is on or after 1 July 2012 and before 1 July 2013, the amount of the individual's clean energy advance is, subject to subsections (5) and (6), worked out as follows: Method statement Step 1. Work out the sum of the individual's clean energy daily rates (see section 106) for each day in the period beginning on 1 July 2012 and ending on the decision day. Step 2. Multiply the individual's clean energy daily rate on the decision day by the number of days in the 2012-13 income year that are after the decision day. Step 3. Work out the sum of the amounts at steps 1 and 2: the result is the amount of the individual's clean energy advance. Secretary determines entitlement on or after 1 July 2013 (4) If the decision day is on or after 1 July 2013, the amount of the individual's clean energy advance is, subject to subsections (5) and (6), the sum of the individual's clean energy daily rates (see section 106) for each day in the 2012-13 income year. Reduced amount if rate took account of a section 28 or 29 percentage determination (5) If, in relation to any of the following days: (a) if the decision day is before 1 July 2012-the decision day; (b) if the decision day is on or after 1 July 2012 and before 1 July 2013-a day in the period beginning on 1 July 2012 and ending on the decision day; (c) if the decision day is on or after 1 July 2013-a day in the 2012-13 income year; a determination under section 28 or 29 of a particular percentage in relation to one or more FTB children of the individual is in effect, the clean energy daily rate for that day is that percentage of the clean energy daily rate that would otherwise apply. Legislative instrument (6) If: (a) an individual is entitled to a clean energy advance under section 103 in relation to an FTB child; and (b) before the decision day in relation to the individual, a former partner of the individual was entitled to a clean energy advance under section 103 or 108 in relation to that FTB child; and (c) at the time the former partner became so entitled, the individual and the former partner were members of the same couple; then: (d) subsections (2) to (5) do not apply in relation to working out the amount of the individual's clean energy advance; and (e) the amount of the individual's clean energy advance is worked out in accordance with an instrument made under subsection (7) (which may be nil). (7) The Minister may, by legislative instrument, specify a method for working out the amount of clean energy advances for the purposes of subsection (6). 106 Clean energy daily rate (1) An individual's clean energy daily rate for a day is worked out as follows: Method statement Step 1. If the individual's rate of family tax benefit on that day (disregarding reductions (if any) under clause 5 or 25A of Schedule 1) consisted of or included a Part A rate greater than nil: (a) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual's income and maintenance tested rate exceeds the individual's base rate-work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in that clause; or (b) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual's income and maintenance tested rate is less than or equal to the individual's base rate-work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in clause 25 of that Schedule; or (c) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual's Method 2 income and maintenance tested rate is less than or equal to the individual's provisional Part A rate-work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in that clause; or (d) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual's Method 2 income and maintenance tested rate exceeds the individual's provisional Part A rate-work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in clause 3 of that Schedule. Step 2. If the individual's rate of family tax benefit on that day consisted of or included a Part B rate greater than nil, work out whichever of the following amounts is appropriate: (a) the sum of the amounts under paragraphs 29(1)(a) and (b) of Schedule 1; (b) the sum of the amounts at paragraphs (a) and (b) of step 1 of the method statement in subclause 29(2) of Schedule 1; (c) the sum of the amounts under paragraphs 29A(2)(a) and (b) of Schedule 1. Step 3. Work out the sum of the amounts at steps 1 and 2. Step 4. Multiply the amount at step 3 by 0.017. Step 5. Divide the amount at step 4 by 365 (rounded to the nearest cent (rounding 0.5 cents upwards)): the result is the individual's clean energy daily rate for that day. (2) If steps 1 and 2 of the method statement in subsection (1) do not apply in relation to an individual on a day, the individual's clean energy daily rate for that day is nil. (3) An individual's clean energy daily rate for a day is nil if the individual is an absent overseas recipient on that day (disregarding section 63A). (4) The calculation under subsection (1) for a day is to be done disregarding any FTB child of the individual who is an absent overseas FTB child (disregarding section 63A) on that day. (5) The calculation under subsection (1) is to be done disregarding section 32. (6) If: (a) the decision day (see subsection 105(1)) is before 1 July 2013; and (b) on the decision day: (i) an FTB child of the individual is outside Australia and the FTB child left Australia before 1 April 2013; and (ii) that FTB child is not an absent overseas FTB child (disregarding section 63A); then the calculation under subsection (1) of this section on the decision day is to be done disregarding that FTB child. (7) If the child referred to in subsection (6) returns to Australia before 1 July 2013, then, for the purposes of section 108, there is taken to be a change in the individual's circumstances on the day of the child's return. (8) If the child referred to in subsection (6) does not return to Australia before 1 July 2013, then, for the purposes of section 108, there is taken to be a trigger day of 30 June 2013 in relation to the individual. 107 Amount of advance where entitlement under section 104 If the Secretary makes a determination under subsection 104(1) that an individual is entitled to a clean energy advance, the amount of the advance is the amount referred to in subparagraph 104(1)(b)(i) or (ii) (as the case requires). Division 3-Top-up payments of clean energy advance 108 Top-up payments of clean energy advance General case (1) If: (a) the Secretary pays a clean energy advance (the original payment) 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 a day (the trigger day) after the decision day and before 1 July 2013, the individual's circumstances change so that: (i) if the individual has not previously become entitled to a payment under this section-the amount of the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day; or (ii) if the individual has previously become entitled to one or more payments under this section-the sum of those payments and the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day; then the individual is entitled to a further payment of clean energy advance equal to the amount of the shortfall. Case involving former partner (2) If: (a) the Secretary pays a clean energy advance (the original payment) 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 worked out under subsection 105(6); and (b) the decision day (see subsection 105(1)) is before 1 July 2013; and (c) on a day after the decision day and before 1 July 2013, the individual's circumstances change; and (d) the individual is entitled to a further payment of clean energy advance in accordance with an instrument made under subsection (3); then the amount of the individual's further clean energy advance is worked out in accordance with an instrument made under subsection (3) (which may be nil). (3) 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 (2); and (b) specify a method for working out the amount of further clean energy advances for the purposes of subsection (2). Interpretation (4) For the purposes of this section, there is taken not to be a change in the individual's circumstances merely because a determination under section 28 in relation to the individual is varied or ceases to be in force. Division 4-General rules 109 General rules If: (a) an individual is entitled to a clean energy advance under section 103 or 108 in relation to an FTB child; and (b) the amount of the advance was not worked out by applying subsection 105(5); then, while the individual is a member of a couple, the other member of the couple is not entitled to a clean energy advance under section 103 or 108 in relation to that child. Schedule 1-Family tax benefit rate calculator Note: See subsection 58(1). Part 1-Overall rate calculation process 1 Overall rate calculation process (1) To work out an individual's annual rate of family tax benefit, add: (a) the individual's Part A rate calculated under Part 2 (clauses 3 to 24S), Part 3 (clauses 25 to 28) or Part 3A (clause 28A); and (b) the individual's Part B rate calculated under Part 4 (clauses 28B to 33). (2) To work out the individual's Part A rate: (a) use Part 2 (clauses 3 to 24S) if the individual has at least one FTB child and: (i) the individual's adjusted taxable income does not exceed the individual's higher income free area; or (ii) the individual, or the individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement; and (b) use Part 3 (clauses 25 to 28) if the individual has at least one FTB child and: (i) the individual's adjusted taxable income exceeds the individual's higher income free area; and (ii) neither the individual, nor the individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement; and (c) use Part 3A (clause 28A) if the individual has no FTB children. Use Schedule 3 to work out the individual's adjusted taxable income. Use clause 2 to work out the individual's higher income free area. 2 Higher income free area For the purposes of this Part, an individual's higher income free area is worked out using the following table. An individual's higher income free area is the basic amount in column 1 plus an additional amount in column 2 for each FTB child of the individual (after the first). |Higher income free area | | |Column 1 |Column 2 | | |Basic amount |Additional amount | |1 |$73,000 |$3,000 | Part 2-Part A rate (Method 1) Division 1-Overall rate calculation process 3 Method of calculating Part A rate Subject to the operation of clauses 5, 38J and 38K, if the individual's Part A rate is to be calculated using this Part, it is calculated as follows: Method statement Step 1. Add the following amounts: (a) the individual's standard rate under Division 2 of this Part (clauses 7 to 11); (b) the individual's large family supplement (if any) under Division 1 of Part 5 (clauses 34 and 35); (c) the individual's multiple birth allowance (if any) under Division 2 of Part 5 (clauses 36 to 38); (ca) the individual's FTB Part A supplement under Division 2A of Part 5 (clause 38A); (cb) the individual's clean energy supplement (Part A) under Subdivision A of Division 2AA of Part 5 (clause 38AA); (d) the individual's rent assistance (if any) under Subdivision A of Division 2B of Part 5 (clauses 38B to 38H). The result is the individual's maximum rate. Step 2. Apply the income test in Division 2C of Part 5 (clauses 38L to 38N) to work out any reduction for adjusted taxable income. Take any reduction away from the individual's maximum rate: the result is the individual's income tested rate. Step 3. Apply the maintenance income test in Division 5 of this Part (clauses 20 to 24) to work out any reduction for maintenance income. Take any reduction away from the individual's income tested rate: the result is the individual's income and maintenance tested rate. Step 4. The individual's Part A rate is: (a) the individual's income and maintenance tested rate if it is equal to or greater than the individual's base rate (see clause 4); or (b) the individual's base rate (see clause 4) if it is more than the individual's income and maintenance tested rate. 4 Base rate The individual's base rate is the rate that would be the individual's Method 2 base rate under clause 25 if the individual's Part A rate were worked out using Part 3. 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. 6 Components of Part A rates under this Part The Minister may, by legislative instrument, determine a method for working out the extent to which Part A rates under this Part are attributable to the amounts referred to in step 1 of the method statement in clause 3. Division 2-Standard rate 7 Standard rate Subject to clauses 8 to 11, an individual's standard rate is worked out using the following table. Work out which category applies to each FTB child of the individual. The FTB child rate is the corresponding amount in column 2. The standard rate is the sum of the FTB child rates. |FTB child rates | |(Part A-Method 1) | | |Column 1 |Column 2 | | |Category of FTB child |FTB child | | | |rate | |1 |FTB child who is under 13 |$4,292.40 | | |years of age | | |2 |FTB child who has reached 13,|$5,580.85 | | |but is under 16, years of age| | |3 |FTB child who has reached 16 |$5,580.85 | | |years of age and who is a | | | |senior secondary school child| | |4 |FTB child who has reached 16,|$1,372.40 | | |but is under 18, years of age| | | |and who is not a senior | | | |secondary school child | | |5 |FTB child who has reached 18,|$1,839.60 | | |but is under 22, years of age| | | |and who is not a senior | | | |secondary school child | | 8 Base FTB child rate For the purposes of this Division, the base FTB child rate for an FTB child of an individual is the rate that would be the FTB child rate under subclause 26(2) if: (a) the individual's Part A rate were being worked out under Part 3; and (b) clause 27 did not apply. 9 FTB child rate-recipient of other periodic payments The FTB child rate for an FTB child of an individual is the base FTB child rate (see clause 8) if: (a) the individual or the individual's partner is receiving a periodic payment under a law of the Commonwealth and the law provides for an increase in the rate of payment by reference to an FTB child of the individual; or (b) the individual or the individual's partner is receiving a periodic payment under a scheme administered by the Commonwealth and the scheme provides for an increase in the rate of payment by reference to an FTB child of the individual. 10 Effect of maintenance rights The FTB child rate for an FTB child of an individual is the base FTB child rate (see clause 8) if: (a) the individual or the individual's partner is entitled to claim or apply for maintenance for the child; and (b) the Secretary considers that it is reasonable for the individual or partner to take action to obtain maintenance; and (c) the individual or partner does not take action that the Secretary considers reasonable to obtain maintenance. 11 Sharing family tax benefit (shared care percentages) If an individual has a shared care percentage for an FTB child of the individual, the FTB child rate for the child, in working out the individual's standard rate, is the individual's shared care percentage of the FTB child rate that would otherwise apply to the child. Division 5-Maintenance income test Subdivision A-Maintenance income test 19A Extended meaning of receiving maintenance income In this Division, if the FTB child of an individual receives maintenance income, the individual is taken to have received the maintenance income. 19AA References to applying for maintenance income A reference in this Division to an individual being, or not being, entitled to apply for maintenance income includes an individual who is, or is not, entitled to so apply under the Child Support (Assessment) Act 1989 or the Family Law Act 1975. 19B Application of maintenance income test to certain pension and benefit recipients and their partners If the individual, or the individual's partner, is: (a) permanently blind; and (b) receiving: (i) an age pension (under Part 2.2 of the Social Security Act 1991); or (ii) a disability support pension (under Part 2.3 of the Social Security Act 1991); or (iii) a service pension; or (iv) income support supplement (under Part IIIA of the Veterans' Entitlements Act 1986); then: (c) the individual's maintenance income excess is nil; and (d) the individual's income and maintenance tested rate is the same as the individual's income tested rate. 20 Effect of maintenance income on family tax benefit rate (1) This is how to work out an individual's reduction for maintenance income if clause 19B does not apply: Method statement Step 1. Work out the annualised amount of the individual's maintenance income. In doing so: (a) disregard any maintenance income for an FTB child for whom the FTB child rate under clause 7 does not exceed the base FTB child rate (see clause 8); and (b) disregard the operation of clause 11 (sharing of family tax benefit) in applying paragraph (a); and (c) disregard any amount that, for the income year for which the individual's reduction for maintenance income is being worked out, is required under clause 24E to be depleted from a maintenance income credit balance of the individual and, if the individual is a member of a couple, from a maintenance income credit balance of the individual's partner; and (d) disregard any maintenance income that is received by the individual, or the individual's partner, from another individual if the income is over the maintenance income ceiling for the income (see Subdivisions C and D). Step 2. Work out the individual's maintenance income free area using clauses 22 and 23. Step 3. Work out whether the individual's maintenance income exceeds the individual's maintenance income free area. Step 4. If the individual's maintenance income does not exceed the individual's maintenance income free area, the individual's maintenance income excess is nil and there is no reduction for maintenance income. Step 5. If the individual's maintenance income exceeds the individual's maintenance income free area, the individual's maintenance income excess is the individual's maintenance income less the individual's maintenance income free area. Step 6. The individual's reduction for maintenance income is half the maintenance income excess. (2) Paragraph (c) of step 1 of the method statement in subclause (1) does not apply unless and until the individual has satisfied the FTB reconciliation conditions in section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods (within the meaning of that section) that are included in the income year for which the individual's reduction for maintenance income is being worked out. 20A Annualised amount of maintenance income Object of clause (1) The object of this clause is to annualise the maintenance income (other than capitalised maintenance income) (CMI) of an individual during an income year. Annualisation of maintenance income other than CMI (2) If an individual receives maintenance income (other than CMI) from another individual during any period or periods (the relevant period or periods) in an income year, the annualised amount of the maintenance income of the individual is worked out using the following formula: [pic] Commencement of relevant period (3) If: (a) an individual (payee) receives maintenance income (other than CMI) from another individual (payer) in an income year under a maintenance liability; and (b) subsection (4) does not apply; the relevant period in respect of the maintenance income commences: (c) in the case where the maintenance liability arises after 1 July of the income year in which the maintenance income is received- on the day that the maintenance liability arises; or (d) in the case where the maintenance liability exists on 1 July of the income year in which the maintenance income is received- 1 July. (4) If: (a) a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and (b) the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and (c) in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b): (i) the payee and the payer were not members of the same couple; and (ii) the payee was entitled to claim, or apply for, maintenance from the payer; the relevant period in respect of the maintenance income commences: (d) on the day the payee first received the previously received maintenance income in the income year; or (e) on such earlier day in respect of the previously received maintenance income that the Secretary determines. (5) If a payee receives maintenance income (other than CMI) from a payer during a period in an income year but not under a maintenance liability, the relevant period, in respect of the maintenance income, commences: (a) on the day that the payee first received the maintenance income during that period; or (b) on such earlier day that the Secretary determines. End of relevant period (6) A relevant period, in respect of maintenance income (other than CMI) received under a maintenance liability in an income year, ends either when the maintenance liability ceases (if it ceases before the end of the income year) or on 30 June of the income year. (7) If: (a) a payee receives maintenance income (other than CMI) in an income year; and (b) the maintenance income is not received under a maintenance liability; the relevant period ends in respect of the payee either: (c) unless subclause (8) applies-when the payee ceases to receive the maintenance income (if the payee ceases to receive the income before the end of the income year); or (d) on 30 June of the income year. (8) If: (a) a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and (b) the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and (c) in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b): (i) the payee and the payer were not members of the same couple; and (ii) the payee was entitled to claim, or apply for, maintenance from the payer; the relevant period ends either when the maintenance liability ceases (if it ceases before the end of the income year) or on 30 June of the income year. Relevant period where payee elects to end an assessment (9) If: (a) a payee receives maintenance income (other than CMI) in an income year from a payer under a maintenance liability which is an assessment under Part 5 of the Child Support (Assessment) Act 1989; and (b) the payee and payer become members of the same couple; and (c) the payee elects under the Child Support (Assessment) Act 1989 to end the assessment from a specified day before the day the payee and payer became members of the same couple; for the purpose of determining the commencement or end of the relevant period, the assessment is taken to end from the day the payee and the payer became a member of the same couple or from such earlier day as the Secretary determines (not being a day earlier than the specified day). Meaning of maintenance liability (10) In this clause, maintenance liability means a liability to provide: (a) child support; or (b) maintenance (other than child support) that arises as a result of: (i) the order of a court; or (ii) a maintenance agreement (within the meaning of the Family Law Act 1975) that has been registered in, or approved by, a court in Australia or an external Territory; or (iii) a financial agreement, or Part VIIIAB financial agreement, within the meaning of that Act; or (iv) any other agreement with respect to the maintenance of a person that has been registered in, or approved by, a court in Australia or an external Territory. Day a maintenance liability arises (11) The day a maintenance liability arises is: (a) if the liability is to provide child support, the day that the liability arises under the Child Support (Assessment) Act 1989; or (b) if the liability is to provide maintenance that arises as set out in paragraph (10)(b), the day that the order of the court or the agreement has effect from. 20B Working out amounts of child maintenance using notional assessments (1) If: (a) an individual receives child maintenance for an FTB child of the individual under a child support agreement or court order; and (b) there is, in relation to the agreement or order, a notional assessment of the annual rate of child support that would be payable to the individual for the child for a particular day in a child support period if that annual rate were payable under Part 5 of the Child Support (Assessment) Act 1989 instead of under the agreement or order; then the amount of child maintenance that the individual is taken to have received in an income year under the agreement or order for the child for a period is worked out in accordance with this clause. Note: The amount worked out in accordance with this clause is annualised under clause 20A. Individual taken to have received notional assessed amount (2) For the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is, subject to this clause, the amount (the notional assessed amount) that the individual would have received if the individual had received the annual rate of child support for the child for the period that is included in the notional assessment, disregarding so much of that rate as is attributable to the individual receiving disability expenses maintenance. Underpayments (3) If the amount received in an income year by the individual under the agreement or order for the child for the period is less than the amount that is payable to the individual under the agreement or order for the child for the period (such that a debt arises for the period under the agreement or order), then, for the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is the following amount (the notional amount paid): [pic] Note: This subclause only applies in respect of enforceable maintenance liabilities (see subclause (7)). Underpayments-non-periodic payments and lump sum payments (3A) For the purposes of the formula in subclause (3), the amount received by the individual under the agreement or order, for the child for the period, is taken to include: (a) if the agreement or order is a non-periodic payments agreement or order-the amount by which the annual rate of child support payable for the child is reduced for the period under the agreement or order; and (b) if the agreement or order is a lump sum payments agreement or order-the total amount of the lump sum payment that is credited for each day in the period under section 69A of the Child Support (Registration and Collection) Act 1988 against the amount payable under the liability under the agreement or order. (3B) If the agreement or order is a non-periodic payments agreement or order, for the purposes of the formula in subclause (3), the amount payable to the individual under the agreement or order for the child for the period is taken to include the amount by which the annual rate of child support payable for the child is reduced for the period under the agreement or order. Arrears (4) If the amount received in an income year by the individual under the agreement or order for the child for the period exceeds the amount that is payable to the individual under the agreement or order for the child for the period, then, for the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is: [pic] Note: This subclause only applies in respect of enforceable maintenance liabilities (see subclause (7)). (5) The notional arrears amount, in respect of a debt arising for a previous period under the agreement or order, is: [pic] (6) For the purposes of subclause (5), if: (a) an individual has more than one debt that arose under an agreement or order for previous periods; and (b) the amount received in an income year by the individual under the agreement or order for a child for a period exceeds the amount that is payable to the individual under the agreement or order for the child for the period; then: (c) the individual is taken to have received the excess to pay off each debt in the order in which the debts arose; and (d) each debt is reduced by the amount of the debt that is paid off. (7) Subclauses (3) and (4) only apply in respect of enforceable maintenance liabilities (within the meaning of the Child Support (Registration and Collection) Act 1988). (8) In this clause: lump sum payments agreement or order means: (a) an agreement containing lump sum payment provisions (within the meaning of the Child Support (Assessment) Act 1989); or (b) a court order made under section 123A of that Act. non-periodic payments agreement or order means: (a) an agreement containing non-periodic payment provisions (within the meaning of the Child Support (Assessment) Act 1989); or (b) a court order made under section 124 of that Act that includes a statement made under section 125 of that Act that the annual rate of child support payable by a liable parent under an administrative assessment is to be reduced. 20C Working out amounts of child maintenance in relation to lump sum payments (1) This clause applies if an individual receives in an income year child maintenance for an FTB child of the individual under: (a) a child support agreement, containing lump sum payment provisions (within the meaning of paragraph 84(1)(e) of the Child Support (Assessment) Act 1989), to which clause 20B does not apply; or (b) a court order made under section 123A of that Act; in the form of a lump sum payment that is to be credited under section 69A of the Child Support (Registration and Collection) Act 1988 against the amount payable under a liability under an administrative assessment. (2) For the purposes of this Act, the amount of child maintenance that the individual is taken to have received in an income year under the agreement or order for the child for a period is the amount that is credited under section 69A of the Child Support (Registration and Collection) Act 1988 against the amount payable under the liability under the administrative assessment for the child for the period. Note: The amount worked out under this clause is annualised under clause 20A. (3) Subclause (2) does not apply in relation to the individual and the child for a period if subclause 20B(2), (3) or (4) has applied in relation to the individual and the child for that period. 21 Maintenance income of members of couple to be added The annualised amount of the maintenance income of an individual who is a member of a couple is the sum of the amounts that, apart from this clause, would be the respective annualised amounts of each of the members of the couple. 22 How to calculate an individual's maintenance income free area An individual's maintenance income free area is worked out using the following table. Work out which family situation in the table applies to the individual. The maintenance income free area is the corresponding amount in column 2 plus an additional corresponding amount in column 3 for each FTB child after the first, disregarding any child: (a) for whom maintenance income is disregarded under paragraph (a) of step 1 of the method statement in clause 20; or (b) in respect of whom neither the individual, nor the individual's partner, is entitled to apply for maintenance income. |Maintenance income free area | |(Part A-Method 1) | | |Column 1 |Column 2 |Column 3 | | |Individual's |Basic amount|Additional | | |family situation| |amount | |1 |Not a member of |$952.65 |$317.55 | | |a couple | | | |2 |Partnered (both |$1,905.30 |$317.55 | | |the individual | | | | |and the partner | | | | |have an | | | | |annualised | | | | |amount of | | | | |maintenance | | | | |income) | | | |3 |Partnered (only |$952.65 |$317.55 | | |one has an | | | | |annualised | | | | |amount of | | | | |maintenance | | | | |income) | | | 23 Only maintenance actually received taken into account in applying clause 22 In determining whether or not item 2 or 3 of the table in clause 22 applies to an individual, clause 21 is to be disregarded. This has the effect of taking into account only maintenance income that the individual actually receives rather than any maintenance income that the individual is taken to receive because of maintenance income received by the individual's partner. 24 Apportionment of capitalised maintenance income (1) The object of this clause is to spread capitalised maintenance income so that it is taken into account over the whole of the period in respect of which it is received. (2) If an individual receives capitalised maintenance income, the maintenance income of the individual that is attributable to the capitalised maintenance income during any period (the relevant period) in the capitalisation period is the amount worked out using the formula: [pic] (2A) For the capitalisation period in an income year, the annualised amount of an individual's capitalised maintenance income is worked out using the following formula: [pic] Capitalisation period-court order or agreement (3) If: (a) the capitalised maintenance income is received under or as a result of: (i) the order of a court; or (ii) a maintenance agreement (within the meaning of the Family Law Act 1975) that has been registered in, or approved by, a court in Australia or an external Territory; or (iii) a financial agreement, or Part VIIIAB financial agreement, within the meaning of that Act; or (iv) any other agreement with respect to the maintenance of a person that has been registered in, or approved by, a court in Australia or an external Territory; and (b) the order or agreement specified the period in relation to which the capitalised maintenance income was to be provided; and (c) the length of the period could be ascertained with reasonable certainty when the order was made or the agreement was so registered or approved; the capitalisation period is, subject to subclause (6), the period specified in the order or agreement. Capitalisation period-FTB child under 18 (4) If: (a) the capitalised maintenance income relates to the maintenance of an FTB child of the individual; and (b) the child has not turned 18 on the day on which the income is received; and (c) subclause (3) does not apply to the capitalised maintenance income; the capitalisation period is, subject to subclause (6), the period that starts on the day on which the income is received and ends on the day immediately before the day on which the child turns 18. Capitalisation period-partner under 65 (5) If: (a) the capitalised maintenance income relates to the maintenance of the individual by the individual's partner or former partner; and (b) the individual has not turned 65 on the day on which the income is received; and (c) subclause (3) does not apply to the capitalised maintenance income; the capitalisation period is, subject to subclause (6), the period that starts on the day on which the income is received and ends on the day immediately before the day on which the individual turns 65. Capitalisation period-other cases (6) If: (a) the Secretary considers: (i) in a case falling within subclause (3) where the period referred to in that subclause was specified in an order of a court that was made by consent or in an agreement referred to in subparagraph (3)(a)(ii), (iii) or (iv)-that the period is not appropriate in the circumstances of the case; or (ii) in a case falling within subclause (4) or (5)-that the period referred to in that subclause is not appropriate in the circumstances of the case; or (b) no capitalisation period is applicable in relation to the capitalised maintenance income under subclause (3), (4) or (5); the capitalisation period is such period as the Secretary considers appropriate in the circumstances of the case. Subdivision B-Maintenance income credit balances 24A Maintenance income credit balances (1) A maintenance income credit balance, for a registered entitlement of an individual, is, at any particular time, the balance at that time of the accruals under clause 24B and the depletions under clause 24E in relation to that entitlement. (2) Despite subclause (1), a maintenance income credit balance for a registered entitlement, at the end of an income year, cannot exceed the total arrears owing from that registered entitlement, at that time, for all income years for which the entitlement has existed. (3) If: (a) but for the condition in subclause 24B(3) not being met in relation to an income year, there would be an accrual to a maintenance income credit balance of an individual for a day in that income year; and (b) after there has been an accrual under clause 24C for a day in a later income year or a depletion under clause 24E for a later income year, that condition is met in relation to the earlier income year; the maintenance income credit balance is recalculated, taking into account the accrual for the day in the earlier income year before taking into account the accrual or depletion mentioned in paragraph (b). (4) This Subdivision continues to apply in relation to a maintenance income credit balance of an individual whether or not the individual or the individual's partner continues to be eligible for family tax benefit. 24B Accruals to a maintenance income credit balance Accrual if conditions are satisfied (1) There is an accrual to a maintenance income credit balance for a registered entitlement of an individual, for a day in an income year, of the amount worked out under clause 24C for that day, if all the conditions in this clause are satisfied. Conditions that must be satisfied (2) Either or both of the following must apply: (a) the individual is eligible for family tax benefit for the day; (b) if the individual is a member of a couple on the day-the individual's partner is eligible for family tax benefit for the day. (3) The eligible person must have satisfied the FTB reconciliation conditions in section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods (within the meaning of that section) that are included in the income year. (4) The annualised amount of the maintenance income of the eligible person for the day must be less than the maintenance income free area that applied to the eligible person for that day. (5) The maintenance income that the individual received in the income year from the registered entitlement must be less than the amount due in the income year from the registered entitlement. 24C Amount of accrual to a maintenance income credit balance (1) This is how to work out the amount of the accrual under clause 24B, for a day in an income year, to a maintenance income credit balance for a registered entitlement of an individual who is, or is the partner of, an eligible person under subclause 24B(2): Method statement Step 1. Work out the global maintenance entitlement of the eligible person for the day using clause 24D. Step 2. Identify the lower of: (a) that global maintenance entitlement; and (b) the maintenance income free area that applied to the eligible person for the day. Step 3. Subtract from the lower amount identified in step 2 the annualised amount of the maintenance income of the eligible person for the day. Step 4. Divide the result of step 3 by 365 and round the result of the division to the nearest cent (rounding 0.5 cents upwards). Step 5. Unless subclause (2) applies to the individual, the amount that accrues to the maintenance income credit balance of the individual for the day is the amount worked out under step 4. If subclause (2) applies to the individual, take the amount worked out under step 4 and apply the method statement in subclause (2). (2) If either or both of the following apply: (a) the individual has more than one registered entitlement for the day in respect of which the condition in subclause 24B(5) is met; (b) if the individual is a member of a couple on the day-the individual's partner has one or more registered entitlements for the day in respect of which the condition in subclause 24B(5) is met; this is how to work out the amount of the accrual under clause 24B, for a day in an income year, to each of the maintenance income credit balances (the relevant balances) for those entitlements: Method statement Step 1. Work out the daily cap for each relevant balance as follows: (a) work out the annualised amount mentioned in paragraph 24D(1)(a) that is due in the income year from the registered entitlement to which the balance relates, and any related private collection entitlement; (b) work out under subclause (4) the annualised amount of maintenance income received in the income year from that registered entitlement, and any related private collection entitlement; (c) the daily cap is the excess of the amount mentioned in paragraph (a) over the amount mentioned in paragraph (b), divided by 365 and rounded to the nearest cent (rounding 0.5 cents upwards). Step 2. Distribute the amount worked out under step 4 of the method statement in subclause (1) equally among each relevant balance, up to the amount of the daily cap for the relevant balance. Step 3. Distribute any remaining amount equally among each relevant balance for which the daily cap has not been reached, up to the amount of the daily cap for the relevant balance. Step 4. Reapply step 3 to any remaining amount until: (a) there is no remaining amount to distribute; or (b) the daily cap for each relevant balance is reached. Step 5. The amount that accrues to each of the relevant balances for the day is the sum of the amount distributed under step 2 and any additional amounts distributed under steps 3 and 4, with that sum rounded to the nearest cent (rounding 0.5 cents upwards). (3) To avoid doubt, clauses 24B and 24C apply only once for a day in relation to any relevant balance. (4) For the purposes of step 1 of the method statement in subclause (2), the annualised amount of maintenance income received in an income year from a registered entitlement, and any related private collection entitlement, of an individual (or an individual's partner) is the amount worked out by using this formula: [pic] (5) In this clause: related private collection entitlement, in relation to a registered entitlement, has the same meaning as in clause 24D. 24D Global maintenance entitlement of an eligible person (1) For the purposes of step 1 of the method statement in subclause 24C(1), the global maintenance entitlement of the eligible person under subclause 24B(2) for the day is the sum of: (a) the annualised amounts worked out using the formula in subclause (2) for: (i) each registered entitlement for the day, and any related private collection entitlement, of the eligible person; and (ii) if the eligible person is a member of a couple on the day-each registered entitlement for the day, and any related private collection entitlement, of the eligible person's partner; and (b) any amounts worked out under subclause (3); and (c) the annualised amount of any capitalised maintenance income of the eligible person and, if the eligible person is a member of a couple on the day, of the eligible person's partner, for the day; and (d) the annualised amount of any maintenance income of the eligible person and, if the eligible person is a member of a couple on the day, of the eligible person's partner, for the day: (i) that is not from a registered entitlement; and (ii) that is not capitalised maintenance income. (2) For the purposes of paragraph (1)(a), the formula is: [pic] (3) If: (a) in respect of: (i) a registered entitlement for the day, and any related private collection entitlement, of the eligible person; or (ii) if the eligible person is a member of a couple on the day-a registered entitlement for the day, and any related private collection entitlement, of the eligible person's partner; the maintenance income received by the eligible person or partner for the income year exceeds the amount due in the income year from the registered entitlement, and any related private collection entitlement; and (b) that excess, or any part of it (the relevant excess), is not disregarded for the purposes of paragraph (c) of step 1 of the method statement in clause 20; an amount for the purposes of paragraph (1)(b) is worked out by using this formula: [pic] (4) For the purposes of this clause, an individual's private collection entitlement is related to the individual's registered entitlement if the private collection entitlement and registered entitlement relate to the same registrable maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988. (5) In this clause: private collection entitlement, of an individual, means the individual's entitlement to receive maintenance income from a particular payer, if the payer's liability to pay that maintenance income is a registrable maintenance liability that is not an enforceable maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988. 24E Depletions from a maintenance income credit balance (1) There is a depletion from the maintenance income credit balance for a registered entitlement of an individual, for an income year, of the amount worked out under subclause (2), if: (a) the income year has ended; and (b) the maintenance income that the individual received in the income year from the entitlement is more than the amount due in the income year from the entitlement. (2) The amount by which the maintenance income credit balance is depleted is the lower of: (a) the excess of the maintenance income that the individual received in the income year from the entitlement over the amount due in the income year from the entitlement; and (b) the amount of the maintenance income credit balance. (3) For the purposes of paragraphs (1)(b) and (2)(a), in working out the maintenance income received in an income year or the amount of maintenance income due in an income year: (a) disregard any maintenance income received or due for an FTB child for whom the FTB child rate under clause 7 does not exceed the base FTB child rate (see clause 8); and (b) disregard the operation of clause 11 (sharing of family tax benefit) in applying paragraph (a). 24EA Amounts due under notional assessments (1) This clause applies if: (a) an individual receives child maintenance for an FTB child of the individual under a child support agreement or court order; and (b) there is, in relation to the agreement or order, a notional assessment of the annual rate of child support that would be payable to the individual for the child for a particular day in a child support period if that annual rate were payable under Part 5 of the Child Support (Assessment) Act 1989 instead of under the agreement or order; and (c) the child maintenance is received, wholly or in part, from a registered entitlement. (2) For the purposes of this Subdivision, the amount of child maintenance that is taken to be due to the individual under the agreement or order (whether from the registered entitlement or from a related private collection entitlement within the meaning of clause 24D), for the child for a period, is the amount that would have been due if the amount due to the individual had been the annual rate of child support for the child for the period that is included in the notional assessment. (3) To avoid doubt, subclause (2) does not apply in relation to the total arrears owing from a registered entitlement, as mentioned in subclause 24A(2). Subdivision C-Maintenance income ceiling for Method 1 24F Subdivision not always to apply This Subdivision does not apply to an individual if: (a) the individual, and the individual's partner, between them are entitled to apply for maintenance income: (i) from only one other individual; and (ii) in respect of all of the FTB children of the individual; and (b) the individual has no regular care children who are rent assistance children. 24G Overall method for working out maintenance income ceiling for Method 1 For the purposes of paragraph (d) of step 1 of the method statement in clause 20, this is how to work out an individual's maintenance income ceiling for maintenance income received by the individual, or the individual's partner, from another individual (the maintenance payer) if the individual's Part A rate is worked out using this Part (Method 1): Method statement Step 1. Work out the individual's above base standard amount for the maintenance income using clause 24H. Step 2. Work out the individual's RA amount for the maintenance income using clause 24J. Step 3. Work out the individual's MIFA amount for the maintenance income using clause 24K. Step 4. Work out the individual's maintenance income ceiling for the maintenance income using clause 24L. 24H How to work out an individual's above base standard amount The individual's above base standard amount for the maintenance income is the difference between: (a) the individual's standard rate under Division 2 of this Part (clauses 7 to 11) for the FTB children of the individual in respect of whom the individual, or the individual's partner, is entitled to apply for maintenance income from the maintenance payer; and (b) the individual's standard rate under Division 2 of Part 3 (clauses 26 and 27) for those children (assuming that the individual's Part A rate were calculated under Part 3). 24J How to work out an individual's RA (rent assistance) amount This is how to work out the individual's RA amount for the maintenance income: Method statement Step 1. Work out the individual's rent assistance (if any) under Subdivision A of Division 2B of Part 5. Step 2. Work out the amount that would be the individual's rent assistance (if any) under that Subdivision if rent assistance were paid for only those children in respect of whom neither the individual, nor the individual's partner, is entitled to apply for maintenance income. Step 3. If the individual, and the individual's partner, between them are entitled to apply for maintenance income from only one maintenance payer, the difference between the amount worked out under step 1 and the amount worked out under step 2 is the individual's RA amount for the maintenance income. Step 4. If the individual, and the individual's partner, between them are entitled to apply for maintenance income from more than one maintenance payer, the individual's RA amount for maintenance income received from a particular maintenance payer is worked out using the formula: [pic] 24K How to work out an individual's MIFA (maintenance income free area) amount (1) If the individual, and the individual's partner, between them are entitled to apply for maintenance income from only one maintenance payer, then the individual's MIFA amount for the maintenance income is the amount of the individual's maintenance income free area. Apportioning the maintenance income free area (2) If the individual, and the individual's partner, between them are entitled to apply for maintenance income from more than one maintenance payer, the individual's MIFA amount for maintenance income received from a particular maintenance payer is worked out using the following formula: [pic] where: individual's no child amount is the amount worked out using the following formula: [pic] 24L How to work out an individual's maintenance income ceiling The individual's maintenance income ceiling for the maintenance income is worked out using the following formula: [pic] Subdivision D-Maintenance income ceiling for purposes of comparison for Method 2 24M Subdivision not always to apply This Subdivision does not apply to an individual if: (a) the individual, and the individual's partner, between them are entitled to apply for maintenance income: (i) from only one other individual; and (ii) in respect of all of the FTB children of the individual; and (b) the individual has no regular care children who are rent assistance children. 24N Overall method for working out maintenance income ceiling for purposes of comparison for Method 2 For the purposes of the comparison in step 4 of the method statement in clause 25, this is how to work out an individual's maintenance income ceiling for maintenance income received by the individual, or the individual's partner, from another individual (the maintenance payer) if the individual's Part A rate is worked out using Part 3 of this Schedule (Method 2): Method statement Step 1. Work out the individual's standard amount for the maintenance income using clause 24P. Step 2. Work out the individual's LFS amount for the maintenance income using clause 24Q. Step 3. Work out the individual's multiple birth allowance (if any) under Division 2 of Part 5 (clauses 36 to 38) for FTB children of the individual in respect of whom the individual, or the individual's partner, is entitled to apply for maintenance income from the maintenance payer. Step 4. Work out the individual's supplement amount for the maintenance income using clause 24R. Step 5. Work out the individual's RA amount for the maintenance income using clause 24J. Step 6. Work out the individual's MIFA amount for the maintenance income using clause 24K. Step 7. Work out the individual's maintenance income ceiling for the maintenance income using clause 24S. 24P How to work out an individual's standard amount The individual's standard amount for the maintenance income is the individual's standard rate under Division 2 of this Part (clauses 7 to 11) for the FTB children of the individual in respect of whom the individual, or the individual's partner, is entitled to apply for maintenance income from the maintenance payer. 24Q How to work out an individual's LFS (large family supplement) amount This is how to work out the individual's LFS amount for the maintenance income: Method statement Step 1. Work out the individual's large family supplement (if any) under Division 1 of Part 5. Step 2. Work out the amount that would be the individual's large family supplement (if any) under that Division if large family supplement were paid for only those children in respect of whom neither the individual, nor the individual's partner, is entitled to apply for maintenance income. Step 3. If the individual, and the individual's partner, between them are entitled to apply for maintenance income from only one maintenance payer, the difference between the amount worked out under step 1 and the amount worked out under step 2 is the individual's LFS amount for the maintenance income. Step 4. If the individual, and the individual's partner, between them are entitled to apply for maintenance income from more than one maintenance payer, the individual's LFS amount for maintenance income received from a particular maintenance payer is worked out using the formula: [pic] 24R How to work out an individual's supplement amount The individual's supplement amount for the maintenance income is the individual's FTB Part A supplement under Division 2A of Part 5 (clause 38A) for the FTB children of the individual in respect of whom the individual, or the individual's partner, is entitled to apply for maintenance income from the maintenance payer. 24S How to work out an individual's maintenance income ceiling The individual's maintenance income ceiling for the maintenance income is worked out using the following formula: [pic] Part 3-Part A rate (Method 2) Division 1-Overall rate calculation process 25 Method of calculating Part A rate Subject to the operation of clause 25A, if the individual's Part A rate is to be calculated using this Part, it is calculated as follows: Method statement Step 1. Add the following amounts: (a) the individual's standard rate under Division 2 of this Part (clauses 26 and 27); (b) the individual's large family supplement (if any) under Division 1 of Part 5 (clauses 34 and 35); (c) the individual's multiple birth allowance (if any) under Division 2 of Part 5 (clauses 36 to 38); (d) the individual's FTB Part A supplement under Division 2A of Part 5 (clause 38A); (e) the individual's clean energy supplement (Part A) under Subdivision B of Division 2AA of Part 5 (clause 38AF). The result is the individual's Method 2 base rate. Step 2. Apply the income test in Division 3 of this Part (clause 28) to work out any reduction for adjusted taxable income. Take any reduction away from the individual's Method 2 base rate: the result is the individual's provisional Part A rate. Step 3. Work out the rate that would be the individual's income and maintenance tested rate under step 3 of the method statement in clause 3 if the individual's Part A rate were to be calculated using Part 2 (but disregarding clause 24G): the result is the individual's Method 2 income and maintenance tested rate. Step 4. The individual's Part A rate is: (a) the individual's provisional Part A rate if it is equal to or greater than the individual's Method 2 income and maintenance tested rate; or (b) the individual's Method 2 income and maintenance tested rate if it is greater than the individual's provisional Part A rate. 25A 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 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. 25B Components of Part A rates under this Part The Minister may, by legislative instrument, determine a method for working out the extent to which Part A rates under this Part are attributable to the amounts referred to in step 1 of the method statement in clause 25. Division 2-Standard rate 26 Standard rate (1) Subject to clause 27, an individual's standard rate is the total obtained by adding the FTB child rates for each of the individual's FTB children. (2) The FTB child rate for the purpose of subclause (1) is: (a) for an FTB child who has not turned 18, or who has turned 18 and who is a senior secondary school child-$1,372.40; or (b) for an FTB child who has turned 18 and who is not a senior secondary school child-$1,839.60. 27 Sharing family tax benefit (shared care percentages) If an individual has a shared care percentage for an FTB child of the individual, the FTB child rate for the child, in working out the individual's standard rate under clause 26, is the individual's shared care percentage of the FTB child rate that would otherwise apply to the child. Division 3-Income test 28 Income test This is how to work out an individual's reduction for adjusted taxable income: Method statement Step 1. Work out the individual's higher income free area using clause 2. Step 2. Work out whether the individual's adjusted taxable income exceeds the individual's higher income free area. Step 3. If the individual's adjusted taxable income does not exceed the individual's higher income free area, the individual's income excess is nil. Step 4. If the individual's adjusted taxable income exceeds the individual's higher income free area, the individual's income excess is the individual's adjusted taxable income less the individual's higher income free area. Step 5. The individual's reduction for income is 30% of the income excess. Part 3A-Part A rate (Method 3) 28A Method of calculating Part A rate Subject to the operation of clauses 38J and 38K, if the individual's Part A rate is to be calculated using this Part, it is calculated as follows: Method statement Step 1. Work out the individual's rent assistance (if any) under Subdivision A of Division 2B of Part 5 (clauses 38B to 38H). The result is the individual's maximum rate. Step 2. Apply the income test in Division 2C of Part 5 (clauses 38L to 38N) to work out any reduction for adjusted taxable income. Take any reduction away from the individual's maximum rate: the result is the individual's income tested rate. Step 3. The individual's Part A rate is the individual's income tested rate. Part 4-Part B rate Division 1-Overall rate calculation process Subdivision AA-When Part B rate is nil 28B Adjusted taxable income exceeding $150,000 (1) Despite Subdivisions A and B, an individual's Part B rate is nil if the individual's adjusted taxable income is more than $150,000. Note: If the individual is a member of a couple, the individual's adjusted taxable income is the higher of the individual's adjusted taxable income and the adjusted taxable income of the individual's partner: see clause 3 of Schedule 3. (2) However, subclause (1) does not apply while the individual, or the individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement. 28C Paid parental leave Despite Subdivisions A and B, the Part B rate that an individual is eligible for in respect of a day is nil if the day occurs during a PPL period applying to the individual, or the individual's partner. Subdivision A-General method of calculating Part B rate 29 General method of calculating Part B rate (1) The individual's Part B rate is the amount worked out by adding the following amounts if the individual is not a member of a couple: (a) the individual's standard rate under Division 2 (clauses 30 and 31); (b) the individual's FTB Part B supplement under Division 2A (clause 31A); (c) the individual's clean energy supplement (Part B) under Division 2B (clause 31B). (2) The individual's Part B rate is worked out using the following method statement if the individual is a member of a couple: Method statement Step 1. Add the following amounts: (a) the individual's standard rate under Division 2 (clauses 30 and 31); (b) the individual's FTB Part B supplement under Division 2A (clause 31A); (c) the individual's clean energy supplement (Part B) under Division 2B (clause 31B). The result is the individual's maximum rate. Step 2. Work out the individual's reduction for adjusted taxable income using Division 3 (clauses 32 and 33). Step 3. The individual's Part B rate is the maximum rate less the reduction for adjusted taxable income. Note: An individual who is a member of a couple works out his or her Part B rate under Subdivision B if the secondary earner of the couple returns to paid work after the birth of a child etc. (2A) The Minister may, by legislative instrument, determine a method for working out the extent to which Part B rates under subclause (2) are attributable to the amounts referred to in step 1 of the method statement in subclause (2). (3) In applying this Part to an individual, disregard an FTB child who has turned 16 years of age unless the FTB child is a senior secondary school child. If disregarding the FTB child means that neither item 1 nor item 2 in the table in clause 30 applies to the individual, the individual's Part B rate is nil. Subdivision B-Method of calculating Part B rate for those who return to paid work after the birth of a child etc. 29A Method of calculating Part B rate for those who return to paid work after the birth of a child etc. Application of clause (1) The Part B rate that an individual is eligible for in respect of a day in an income year is worked out under subclause (2) if: (a) the individual is a member of a couple on the day; and (b) the conditions in subclauses (3) to (8) of this clause are met; and (c) the conditions in clause 29C are met in respect of the day. Method of calculating Part B rate (2) The Part B rate that the individual is eligible for in respect of the day is the amount worked out by adding the following amounts: (a) the individual's standard rate under Division 2 in respect of the day (clauses 30 and 31); (b) the individual's FTB Part B supplement under Division 2A in respect of the day (clause 31A); (c) the individual's clean energy supplement (Part B) under Division 2B in respect of the day (clause 31B). Conditions (3) During a period during the income year in which the day occurs, the secondary earner of the couple (who might be the individual mentioned in subclause (1)): (a) is not engaging in paid work; and (b) is not receiving passive employment income in respect of that period. (4) Later during that income year, the secondary earner returns to paid work for the first time since a child became an FTB child of the secondary earner. (4A) If, in different income years, more than one secondary earner returns to paid work for the first time in respect of the same child, the Part B rate of the individual is not calculated under this clause in respect of a return to paid work that is not the earliest return to paid work. (4B) If, in the same income year, more than one secondary earner returns to paid work for the first time in respect of the same child, the Part B rate of the individual is not calculated under this clause in respect of a secondary earner for whom the period mentioned under paragraph 29C(1)(a) does not begin first. (5) The conditions in clause 29B are met in respect of that child. (6) The individual mentioned in subclause (1) has satisfied the FTB reconciliation conditions under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in that income year. (7) If subclause (8) does not apply-either or both of the following apply: (a) the individual notifies the Secretary of the secondary earner's return to paid work before the end of the income year following the income year in which the secondary earner returns to paid work; (b) the Secretary becomes aware of the secondary earner's return to paid work before the end of the income year following the income year in which the secondary earner returns to paid work. (8) If, during the second income year following a particular income year, a claim is made under the Family Assistance Administration Act for payment of family tax benefit for a past period that occurs in the particular income year, the Secretary is notified in the claim that the secondary earner returned to paid work during the particular income year. 29B Conditions to be met in respect of an FTB child (1) For the purpose of subclause 29A(5), the conditions in this clause are met in respect of a child if the conditions in subclauses (2) and (3) of this clause are met in respect of the child on any single day that meets the conditions in clause 29C. Conditions in respect of FTB child (2) Of all the FTB children of the secondary earner, either: (a) the child most recently became an FTB child of the secondary earner; or (b) if all of the children became FTB children of the secondary earner at the same time-the child is the youngest FTB child of the secondary earner. Generally, only one individual calculates Part B rate under clause 29A (3) No other individual's Part B rate has been calculated under clause 29A as a result of the conditions in this clause being met in respect of the child. Exception-section 59 determination (shared care) (4) If another individual's Part B rate has been calculated as mentioned in subclause (3), the condition in that subclause is taken to be met in respect of the child if: (a) on the day on which the other individual or his or her partner returns to paid work, the other individual has a shared care percentage for the child; and (b) the secondary earner is not a member of the same couple as the other individual on either: (i) the day mentioned in paragraph (a); or (ii) the day on which the secondary earner returns to paid work. Exception-section 28 and 29 determinations (members of a couple in a blended family or members of a separated couple) etc. (5) If another individual's Part B rate has been calculated as mentioned in subclause (3), the condition in that subclause is taken to be met in respect of the child if: (a) at some time during the income year, the other individual is the partner of: (i) the secondary earner; or (ii) the individual mentioned in subclause 29A(1) (if he or she is not the secondary earner); and (b) the other individual's Part B rate has been calculated under clause 29A in respect of the same return to paid work, and the same FTB child, of the secondary earner. 29C Conditions to be met in respect of a day (1) For the purposes of paragraph 29A(1)(c) and clause 29B, the conditions in this clause are met in respect of a day in an income year if: (a) the day falls in the period that starts on the latest of the following days: (i) 1 July of the income year; (ii) the day after the secondary earner stops paid work; (iii) the day after the secondary earner stops receiving passive employment income in respect of a period; and ends immediately before the day on which the secondary earner returns to paid work; and (b) the secondary earner is not receiving passive employment income in respect of the day. (2) For the purpose of subclause (1), the day on which an individual returns to paid work is: (a) if the individual returns to paid work because of subsection 3B(2)-the first day of the 4 week period mentioned in that subsection on which the individual is engaging in paid work; and (b) if the individual returns to paid work because of subsection 3B(3)-the first day on which the individual is engaging in paid work. (3) To avoid doubt, the first and last days of the period mentioned in paragraph (1)(a) fall in that period. Division 2-Standard rate 30 Standard rate Subject to clause 31, an individual's standard rate is worked out using the following table. Work out which family situation applies to the individual. The standard rate is the corresponding amount in column 2. |Standard rates | |(Part B) | | |Column 1 |Column 2 | | |Family situation |Standard rate | |1 |youngest FTB child is |$2,569.60 | | |under 5 years of age | | |2 |youngest FTB child is 5 |$1,781.20 | | |years of age or over | | 31 Sharing family tax benefit (shared care percentages) (1) If: (a) an individual has a shared care percentage for an FTB child of the individual; and (b) the child is the individual's only FTB child; the individual's standard rate is the individual's shared care percentage of the standard rate that would otherwise apply. (2) If: (a) an individual has a shared care percentage for an FTB child of the individual; and (b) the child is not the individual's only FTB child; the individual's standard rate is to be worked out as follows: (c) for each of the individual's FTB children for whom the individual does not have a shared care percentage, work out the rate that would be the individual's standard rate under clause 30 if that child were the individual's only FTB child; (d) for each of the individual's FTB children for whom the individual has a shared care percentage, work out the rate that would be the individual's standard rate under clause 30 if: (i) that child were the individual's only FTB child; and (ii) subclause (1) of this clause applied to the child; (e) the individual's standard rate is the highest of the rates obtained under paragraphs (c) and (d). Division 2A-FTB Part B supplement 31A Rate of FTB Part B supplement (1) The amount of the FTB Part B supplement to be added in working out an individual's Part B rate under clause 29 or 29A is: (a) if the individual has one FTB child, or more than one FTB child, and the individual does not have a shared care percentage for that child, or for at least one of those children-the FTB (B) gross supplement amount; or (b) if the individual has only one FTB child and the individual has a shared care percentage for the child-the shared care percentage of the FTB (B) gross supplement amount; or (c) if the individual has more than one FTB child and the individual has a shared care percentage for each of those children-the highest of those percentages of the FTB (B) gross supplement amount. (2) For the purposes of subclause (1), the FTB (B) gross supplement amount is $302.95. (3) To avoid doubt, when the FTB (B) gross supplement amount is indexed on a 1 July under Part 2 of Schedule 4, the amount, as it stood before that indexation, continues to apply in working out an individual's Part B rate under clause 29 or 29A for the income year ending just before that 1 July. Division 2B-Clean energy supplement (Part B) 31B Clean energy supplement (Part B) (1) The amount of the clean energy supplement (Part B) to be added in working out an individual's Part B rate under clause 29 or 29A is worked out using the following table. Work out which family situation applies to the individual. Subject to clause 31C, the clean energy supplement (Part B) is the amount worked out under subclause (2). |Clean energy supplement (Part B) | |Item |Family situation | |1 |Youngest FTB child is under 5 | | |years of age | |2 |Youngest FTB child is 5 years of| | |age or over | (2) For the purposes of subclause (1), the clean energy supplement (Part B), in relation to an item in the table in subclause (1), is worked out as follows: Method statement Step 1. Work out the amount applicable on 1 July 2013 under the corresponding item of the table in clause 30. Step 2. Work out the FTB (B) gross supplement amount on 1 July 2013 under subclause 31A(2). Step 3. Work out the sum of the amounts at steps 1 and 2. Step 4. Multiply the amount at step 3 by 0.017. Step 5. Round the amount at step 4 to the nearest multiple of $3.65 (rounding up if necessary): the result is the clean energy supplement (Part B). (3) This clause does not apply in relation to a day if an election made by the individual under subsection 58A(1) is in force on that day. Note: If that election is in force on one or more days in a quarter, then after the end of the quarter the Secretary must review the instalment determination taking into account this Division: see section 105B of the Family Assistance Administration Act. 31C Sharing family tax benefit (shared care percentages) (1) If: (a) an individual has a shared care percentage for an FTB child of the individual; and (b) the child is the individual's only FTB child; the individual's clean energy supplement (Part B) is the individual's shared care percentage of the clean energy supplement (Part B) that would otherwise apply. (2) If: (a) an individual has a shared care percentage for an FTB child of the individual; and (b) the child is not the individual's only FTB child; the individual's clean energy supplement (Part B) is to be worked out as follows: (c) for each of the individual's FTB children for whom the individual does not have a shared care percentage, work out the amount that would be the individual's clean energy supplement (Part B) under clause 31B if that child were the individual's only FTB child; (d) for each of the individual's FTB children for whom the individual has a shared care percentage, work out the amount that would be the individual's clean energy supplement (Part B) under clause 31B if: (i) that child were the individual's only FTB child; and (ii) subclause (1) of this clause applied to the child; (e) the individual's clean energy supplement (Part B) is the highest of the amounts obtained under paragraphs (c) and (d). Division 3-Income test 32 Income test This is how to work out an individual's reduction for adjusted taxable income: Method statement Step 1. Work out the individual's income free area using clause 33. Step 2. Work out whether the individual's adjusted taxable income exceeds the individual's income free area. Step 3. If the individual's adjusted taxable income does not exceed the individual's income free area, the individual's income excess is nil. Step 4. If the individual's adjusted taxable income exceeds the individual's income free area, the individual's income excess is the individual's adjusted taxable income less the individual's income free area. Step 5. The individual's reduction for income is 20% of the income excess. 33 Income free area An individual's income free area is $4,000. Part 5-Common provisions Division 1-Large family supplement 34 Eligibility for large family supplement An amount by way of large family supplement is to be added in working out an individual's maximum rate under clause 3, or an individual's Method 2 base rate under clause 25, if the individual has 3 or more FTB children. 35 Rate of large family supplement The amount of the large family supplement is worked out using the formula: [pic] Division 2-Multiple birth allowance 36 Eligibility for multiple birth allowance (1) An amount by way of multiple birth allowance is to be added in working out an individual's maximum rate under clause 3, or an individual's Method 2 base rate under clause 25, if: (a) the individual has 3 or more FTB children; and (b) at least 3 of those children were born during the same multiple birth and satisfy the requirements of subclause (2). (2) For the purposes of paragraph (1)(b), the requirements of this subclause are satisfied by a child if: (a) the child is under the age of 16 years; or (b) the child has turned 16 and is a senior secondary school child. 37 Rate of multiple birth allowance The amount of the multiple birth allowance is: (a) if the number of the FTB children born during the same multiple birth who satisfy the requirements of subclause 36(2) is 3- $2,467.40; and (b) if the number of the FTB children born during the same multiple birth who satisfy the requirements of subclause 36(2) is 4 or more-$3,292.30. 38 Sharing multiple birth allowance (determinations under section 59A) If the Secretary has made a determination under section 59A in respect of an FTB child of the individual, multiple birth allowance under this Division is to be dealt with in accordance with the determination. Division 2A-FTB Part A supplement 38A Rate of FTB Part A supplement (1) The amount of the FTB Part A supplement to be added in working out an individual's maximum rate under clause 3, or an individual's Method 2 base rate under clause 25, is: (a) if the individual has one FTB child-the applicable supplement amount for that child; or (b) if the individual has 2 or more FTB children-the sum of the applicable supplement amounts for each of those children. (2) For the purposes of subclause (1), the applicable supplement amount for an FTB child of the individual is: (a) if the individual has a shared care percentage for the FTB child-the individual's shared care percentage of the FTB gross supplement amount; or (b) in any other case-the FTB gross supplement amount. (3) For the purposes of subclause (2), the FTB gross supplement amount is $600. (4) To avoid doubt, when the FTB gross supplement amount is indexed on a 1 July under Part 2 of Schedule 4, the amount, as it stood before that indexation, continues to apply in working out an individual's maximum rate under clause 3, or an individual's Method 2 base rate under clause 25, for the income year ending just before that 1 July. Division 2AA-Clean energy supplement (Part A) Subdivision A-Clean energy supplement (Part A-Method 1) 38AA Clean energy supplement (Part A-Method 1) (1) The amount of the clean energy supplement (Part A) to be added in working out an individual's maximum rate under clause 3 is worked out using the following table. Work out which category applies to each FTB child of the individual. Subject to clauses 38AB to 38AE, the FTB clean energy child amount is worked out under subclause (2). The clean energy supplement (Part A) is the sum of the FTB clean energy child amounts. |Clean energy supplement (Part A-Method| |1) | |Item |Category of FTB child | |1 |FTB child who is under 13 years | | |of age | |2 |FTB child who has reached 13, | | |but is under 16, years of age | |3 |FTB child who has reached 16 | | |years of age and who is a senior| | |secondary school child | |4 |FTB child who has reached 16, | | |but is under 18, years of age | | |and who is not a senior | | |secondary school child | |5 |FTB child who has reached 18, | | |but is under 22, years of age | | |and who is not a senior | | |secondary school child | (2) For the purposes of subclause (1), the FTB clean energy child amount, in relation to an item in the table in subclause (1), is worked out as follows: Method statement Step 1. Work out the amount applicable on 1 July 2013 under the corresponding item of the table in clause 7. Step 2. Work out the FTB gross supplement amount on 1 July 2013 under subclause 38A(3). Step 3. Work out the sum of the amounts at steps 1 and 2. Step 4. Multiply the amount at step 3 by 0.017. Step 5. Round the amount at step 4 to the nearest multiple of $3.65 (rounding up if necessary): the result is the FTB clean energy child amount. (3) This clause does not apply in relation to a day if an election made by the individual under subsection 58A(1) is in force on that day. Note: If that election is in force on one or more days in a quarter, then after the end of the quarter the Secretary must review the instalment determination taking into account this Subdivision: see section 105B of the Family Assistance Administration Act. 38AB Base FTB clean energy child amount For the purposes of this Division, the base FTB clean energy child amount for an FTB child of an individual is the amount that would be the FTB clean energy child amount under subclause 38AF(2) if the individual's clean energy supplement (Part A) were being worked out under Subdivision B and clause 38AG did not apply. 38AC FTB clean energy child amount-recipient of other periodic payments The FTB clean energy child amount for an FTB child of an individual is the base FTB clean energy child amount (see clause 38AB) if: (a) the individual or the individual's partner is receiving a periodic payment under a law of the Commonwealth and the law provides for an increase in the rate of payment by reference to an FTB child of the individual; or (b) the individual or the individual's partner is receiving a periodic payment under a scheme administered by the Commonwealth and the scheme provides for an increase in the rate of payment by reference to an FTB child of the individual. 38AD Effect of maintenance rights The FTB clean energy child amount for an FTB child of an individual is the base FTB clean energy child amount (see clause 38AB) if: (a) the individual or the individual's partner is entitled to claim or apply for maintenance for the child; and (b) the Secretary considers that it is reasonable for the individual or partner to take action to obtain maintenance; and (c) the individual or partner does not take action that the Secretary considers reasonable to obtain maintenance. 38AE Sharing family tax benefit (shared care percentages) If an individual has a shared care percentage for an FTB child of the individual, the FTB clean energy child amount for the child, in working out the individual's clean energy supplement (Part A), is the individual's shared care percentage of the FTB clean energy child amount that would otherwise apply to the child. Subdivision B-Clean energy supplement (Part A-Method 2) 38AF Clean energy supplement (Part A-Method 2) (1) The amount of the clean energy supplement (Part A) to be added in working out an individual's Method 2 base rate under clause 25 is worked out using the following table. Work out which category applies to each FTB child of the individual. Subject to clause 38AG, the FTB clean energy child amount is the amount worked out under subclause (2). The clean energy supplement (Part A) is the sum of the FTB clean energy child amounts. |Clean energy supplement (Part A-Method| |2) | |Item |Category of FTB child | |1 |FTB child who has not turned 18,| | |or who has turned 18 and who is | | |a senior secondary school child | |2 |FTB child who has turned 18 and | | |who is not a senior secondary | | |school child | (2) For the purposes of subclause (1), the FTB clean energy child amount, in relation to an item in the table in subclause (1), is worked out as follows: Method statement Step 1. Work out the amount applicable on 1 July 2013 under: (a) for item 1 of that table-paragraph 26(2)(a); or (b) for item 2 of that table-paragraph 26(2)(b). Step 2. Work out the FTB gross supplement amount on 1 July 2013 under subclause 38A(3). Step 3. Work out the sum of the amounts at steps 1 and 2. Step 4. Multiply the amount at step 3 by 0.017. Step 5. Round the amount at step 4 to the nearest multiple of $3.65 (rounding up if necessary): the result is the FTB clean energy child amount. (3) This clause does not apply in relation to a day if an election made by the individual under subsection 58A(1) is in force on that day. Note: If that election is in force on one or more days in a quarter, then after the end of the quarter the Secretary must review the instalment determination taking into account this Subdivision: see section 105B of the Family Assistance Administration Act. 38AG Sharing family tax benefit (shared care percentages) If an individual has a shared care percentage for an FTB child of the individual, the FTB clean energy child amount for the child, in working out the individual's clean energy supplement (Part A), is the individual's shared care percentage of the FTB clean energy child amount that would otherwise apply to the child. Division 2B-Rent assistance Subdivision A-Rent assistance 38B Rent assistance children (1) An individual's eligibility for, and rate of, rent assistance is affected by whether an FTB child, or a regular care child, of the individual is also a rent assistance child of the individual. (2) An FTB child of an individual is a rent assistance child of the individual if the FTB child rate for the child: (a) exceeds the base FTB child rate (see clause 8); or (b) would exceed the base FTB child rate but for clause 11. (3) A regular care child of an individual is a rent assistance child of the individual if: (a) either: (i) the regular care child is under 16 years of age; or (ii) the regular care child has turned 16 and is a senior secondary school child; and (b) the regular care child is not an absent overseas regular care child. 38C Eligibility for rent assistance (1) An amount by way of rent assistance for a period is to be added in working out an individual's maximum rate if: (a) the individual has at least one rent assistance child; and (b) the individual's claim for family tax benefit is not a claim to which subclause (2) applies; and (ba) neither the individual nor the individual's partner is receiving payments of incentive allowance under clause 36 of Schedule 1A to the Social Security Act 1991; and (c) the individual is not an ineligible homeowner; and (d) the individual is not an aged care resident; and (e) the individual pays, or is liable to pay, rent (other than Government rent); and (f) if the individual has at least one FTB child and is not a relevant shared carer-the rent is payable at a rate of more than: (i) if the individual is not a member of a couple-$3,073.30 per year; or (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple-$4,547.90 per year; or (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple- $3,073.30 per year; or (iv) if the individual is a member of a temporarily separated couple- $3,073.30 per year; and (fa) if the individual is a relevant shared carer, or has only one or more regular care children (but no FTB children)-the rent is payable at a rate of more than: (i) if the individual is not a member of a couple-$2,332.35 per year; or (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple-$3,806.95 per year; or (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple- $2,332.35 per year; or (iv) if the individual is a member of a temporarily separated couple- $2,332.35 per year; and (g) if the individual is outside Australia: (i) the person was paying rent (other than Government rent) for accommodation in Australia immediately before the individual left Australia; and (ii) the person continues to pay rent for the same accommodation while outside Australia. (2) This subclause applies to an individual's claim for family tax benefit if: (a) the claim is for family tax benefit for a past period that occurs in the first or second income year before the one in which the claim is made; and (b) when the claim is made the individual: (i) is eligible for family tax benefit; and (ii) is not prevented by section 9 of the A New Tax System (Family Assistance) (Administration) Act 1999 from making an effective claim for payment of family tax benefit by instalment; and (c) the claim is not accompanied by a claim for family tax benefit by instalment. (3) Paragraph (2)(c) does not apply if, at the time the claim for payment of family tax benefit for a past period is made, subsection 32AE(2) of the Family Assistance Administration Act applies in respect of the individual or subsection 32AE(5) of that Act applies in respect of the individual's partner. 38D Rate of rent assistance payable to individual who has at least one FTB child and who is not a relevant shared carer The rate of rent assistance payable to an individual who has at least one FTB child and who is not a relevant shared carer is worked out using the following table. Work out the individual's family situation and calculate Rate A for the individual using the corresponding formula in column 2. This will be the individual's rate of rent assistance but only up to the individual's maximum rent assistance rate. The individual's maximum rent assistance rate is Rate B, worked out using column 3. |Rent assistance payable to individual who has at least | |one FTB child and who is not a relevant shared carer | |(Part A-Method 1) | | |Column 1 |Column 2 |Column 3 | | |Family |Rate A |Rate B | | |situation | | | | | | |Column |Column | | | | |3A |3B | | | | |1 or 2 |3 or | | | | |rent |more | | | | |assistan|rent | | | | |ce |assistan| | | | |children|ce | | | | | |children| |1 |Not member |[pic] |$3,084.2|$3,485.7| | |of a couple| |5 |5 | |2 |Member of a|[pic] |$3,084.2|$3,485.7| | |couple | |5 |5 | | |other than | | | | | |a person | | | | | |who is | | | | | |partnered | | | | | |(partner in| | | | | |gaol) or a | | | | | |member of | | | | | |an illness | | | | | |separated | | | | | |couple, a | | | | | |respite | | | | | |care couple| | | | | |or a | | | | | |temporarily| | | | | |separated | | | | | |couple | | | | |3 |Person who |[pic] |$3,084.2|$3,485.7| | |is | |5 |5 | | |partnered | | | | | |(partner in| | | | | |gaol) or a | | | | | |member of | | | | | |an illness | | | | | |separated | | | | | |couple or a| | | | | |respite | | | | | |care couple| | | | |4 |Member of a|[pic] |$3,084.2|$3,485.7| | |temporarily| |5 |5 | | |separated | | | | | |couple | | | | 38E Rate of rent assistance payable to individual who is a relevant shared carer or who has only one or more regular care children The rate of rent assistance payable to an individual who is a relevant shared carer, or who has only one or more regular care children (but no FTB children), is the higher of: (a) the rate of rent assistance that would be payable to that individual if that individual's rate were worked out using clause 38D; and (b) the rate of rent assistance worked out using the following table. In working out rent assistance, work out the individual's family situation using column 1 and calculate Rate A for the individual using the corresponding formula in column 2. This will be the individual's rate of rent assistance in accordance with the table but only up to Rate B specified in column 3. |Rent assistance payable to individual who is a | |relevant shared carer or who has only one or more | |regular care children | |(Part A-Method 1 or 3) | | |Column 1 |Column 2 |Column 3 | | |Family situation|Rate A |Rate B | |1 |Not member of a |[pic] |$2,638.95 | | |couple | | | |2 |Member of a |[pic] |$2,478.35 | | |couple other | | | | |than a person | | | | |who is partnered| | | | |(partner in | | | | |gaol) or a | | | | |member of an | | | | |illness | | | | |separated | | | | |couple, a | | | | |respite care | | | | |couple or a | | | | |temporarily | | | | |separated couple| | | |3 |Person who is |[pic] |$2,638.95 | | |partnered | | | | |(partner in | | | | |gaol) or a | | | | |member of an | | | | |illness | | | | |separated couple| | | | |or a respite | | | | |care couple | | | |4 |Member of a |[pic] |$2,478.35 | | |temporarily | | | | |separated couple| | | 38F Annual rent Annual rent in the tables in clauses 38D and 38E is the annual rate of rent paid or payable by the individual whose rate is being calculated. 38G Rent paid by a member of a couple If an individual is a member of a couple and is living with his or her partner in their home, any rent paid or payable by the partner is to be treated as paid or payable by the individual. 38H Rent paid by a member of an illness separated, respite care or temporarily separated couple If an individual is a member of an illness separated, respite care or temporarily separated couple, any rent that the individual's partner pays or is liable to pay in respect of the premises occupied by the individual is to be treated as paid or payable by the individual. Subdivision B-Offsetting for duplicate rent assistance 38J Offsetting for duplicate rent assistance under family assistance and social security law When this clause applies (1) This clause applies if: (a) a decision (the social security decision) was made that rent assistance was to be included when calculating an individual's, or an individual's eligible partner's, rate of social security payment for a day; and (b) when the social security decision was made, no decision (the family assistance decision) to make a determination that includes, or to vary a determination to include, rent assistance when calculating the individual's Part A rate of family tax benefit for that day had been made; and (c) after the social security decision was made, the family assistance decision was made; and (d) the day mentioned in paragraphs (a) and (b) comes before the day on which the family assistance decision was made. Note: For the definition of eligible partner see subclause (5). Part A rate to be reduced (2) The individual's Part A rate for that day (as calculated or recalculated because of the making of the family assistance decision) is to be reduced: (a) first, by the individual's annual social security RA amount for that day (see subclause (3)); and (b) then, by the individual's eligible partner's annual social security RA amount for that day (see subclause (4)). However, it is not to be reduced to less than: (c) if it has been calculated for the first time under clause 3 or 28A because of the making of the family assistance decision- nil; and (d) if it has been recalculated under clause 3 or 28A because of the making of the family assistance decision-the Part A rate as it was immediately before the recalculation. (3) The individual's annual social security RA amount for that day is the amount worked out as follows: Method statement Step 1. Work out the rate (if any) of social security payment (the actual payment) that was payable to the individual for that day. Step 2. Work out the rate (if any) of social security payment (the notional payment) that would have been payable to the individual for that day if rent assistance were not included when calculating the rate of the individual's social security payment for that day. Step 3. Subtract the notional payment from the actual payment. The difference is the individual's daily social security RA amount for that day. Step 4. Multiply the individual's daily social security RA amount for that day by 365. The result is the individual's annual social security RA amount for that day. (4) The individual's eligible partner's annual social security RA amount for that day is the amount worked out as follows: Method statement Step 1. Work out the rate (if any) of social security payment (the actual payment) that was payable to the individual's eligible partner for that day. Step 2. Work out the rate (if any) of social security payment (the notional payment) that would have been payable to the eligible partner for that day if rent assistance were not included when calculating the rate of the eligible partner's social security payment for that day. Step 3. Subtract the notional payment from the actual payment. The difference is the eligible partner's daily social security RA amount for that day. Step 4. Multiply the eligible partner's daily social security RA amount for that day by 365. The result is the individual's eligible partner's annual social security RA amount for that day. (5) For the purposes of this clause, an individual is the eligible partner of another individual if both individuals are members of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple). 38K Offsetting for duplicate rent assistance under family assistance and veterans' entitlements law When this clause applies (1) This clause applies if: (a) a decision (the veterans' entitlements decision) was made that rent assistance was to be included when calculating an individual's, or an individual's eligible partner's, rate of service pension or income support supplement for a day; and (b) when the veterans' entitlements decision was made, no decision (the family assistance decision) to make a determination that includes, or to vary a determination to include, rent assistance when calculating the individual's Part A rate of family tax benefit for that day had been made; and (c) after the veterans' entitlements decision was made, the family assistance decision was made; and (d) the day mentioned in paragraphs (a) and (b) comes before the day on which the family assistance decision was made. Note: For the definition of eligible partner see subclause (5). Part A rate to be reduced (2) The individual's Part A rate for that day (as calculated or recalculated because of the making of the family assistance decision and as reduced (if at all) under clause 38J) is to be reduced: (a) first, by the individual's annual veterans' entitlements RA amount for that day (see subclause (3)); and (b) then, by the individual's eligible partner's annual veterans' entitlements RA amount for that day (see subclause (4)). However, it is not to be reduced to less than: (c) if it has been calculated for the first time under clause 3 or 28A because of the making of the family assistance decision- nil; and (d) if it has been recalculated under clause 3 or 28A because of the making of the family assistance decision-the Part A rate as it was immediately before the recalculation. (3) The individual's annual veterans' entitlements RA amount for that day is the amount worked out as follows: Method statement Step 1. Work out the rate (if any) of service pension or income support supplement (the actual payment) that was payable to the individual for that day. Step 2. Work out the rate (if any) of service pension or income support supplement (the notional payment) that would have been payable to the individual for that day if rent assistance were not included when calculating the rate of the individual's service pension or income support supplement for that day. Step 3. Subtract the notional payment from the actual payment. The difference is the individual's provisional veterans' entitlements RA amount for that day. Step 4. Divide the individual's provisional veterans' entitlements RA amount for that day by 364, then multiply it by 365. The result is the individual's annual veterans' entitlements RA amount for that day. (4) The individual's eligible partner's annual veterans' entitlements RA amount for that day is the amount worked out as follows: Method statement Step 1. Work out the rate (if any) of service pension or income support supplement (the actual payment) that was payable to the individual's eligible partner for that day. Step 2. Work out the rate (if any) of service pension or income support supplement (the notional payment) that would have been payable to the eligible partner for that day if rent assistance were not included when calculating the amount of the eligible partner's service pension or income support supplement for that day. Step 3. Subtract the notional payment from the actual payment. The difference is the eligible partner's provisional veterans' entitlements RA amount for that day. Step 4. Divide the eligible partner's provisional veterans' entitlements RA amount for that day by 364, then multiply it by 365. The result is the individual's eligible partner's annual veterans' entitlements RA amount for that day. (5) For the purposes of this clause, an individual is the eligible partner of another individual if both individuals are members of a couple (other than an illness separated couple or a respite care couple). Division 2C-Income test 38L Application of income test to pension and benefit recipients and their partners If an individual, or an individual's partner, is receiving a social security pension, a social security benefit, a service pension or income support supplement: (a) the individual's income excess is nil; and (b) the individual's income tested rate is the same as the individual's maximum rate. 38M Income test This is how to work out an individual's reduction for adjusted taxable income if clause 38L does not apply to the individual: Method statement Step 1. Work out the individual's income free area using clause 38N. Step 2. Work out whether the individual's adjusted taxable income exceeds the individual's income free area. Step 3. If the individual's adjusted taxable income does not exceed the individual's income free area, the individual's income excess is nil. Step 4. If the individual's adjusted taxable income exceeds the individual's income free area, the individual's income excess is the individual's adjusted taxable income less the individual's income free area. Step 5. The individual's reduction for adjusted taxable income is 20% of the income excess. 38N Income free area An individual's income free area is $40,000. Division 3-Certain recipients of pensions under the Veterans' Entitlements Act 39 Rate of benefit for certain recipients of pensions under the Veterans' Entitlements Act (1) In this clause: 30 June 2000 rate, in relation to an individual, means the amount worked out according to subclause (6). dependant has the same meaning as in Division 5 of Part II of the Income Tax Rates Act 1986 as that Act applied to the income year that commenced on 1 July 1999. family tax assistance person means: (a) if the Secretary is satisfied in relation to an individual as described in subparagraph (2)(a)(iii)-the individual; or (b) if the Secretary is not so satisfied-the individual's partner. partner, in relation to an individual, means the person who: (a) was the partner of that individual immediately before 1 July 2000; and (b) has continued, at all times on and after that day, to be the partner of the individual. special Part A rate, in relation to an individual, means the amount worked out according to subclause (7). (2) Subject to subclause (3), this clause applies to an individual if: (a) one or more of the following subparagraphs are satisfied: (i) immediately before 1 July 2000, the individual or the individual's partner was receiving family allowance under Part 2.17 of the Social Security Act 1991; (ii) immediately before 1 July 2000, the individual or the individual's partner was receiving family tax payment under Part 2.17AA of that Act; (iii) the Secretary is satisfied that Schedule 7 to the Income Tax Rates Act 1986 applied to the individual or the individual's partner, in respect of the income year that commenced on 1 July 1999, in accordance with subsection 20C(2) of that Act or would have so applied if sections 20E, 20F and 20H of that Act had not been enacted; and (b) the individual or the individual's partner was receiving, immediately before 1 July 2000, and has continued, at all times on and after that day, to receive: (i) a pension under Part II of the Veterans' Entitlements Act 1986 payable to the individual or partner as a veteran; or (ii) a pension under Part II of that Act payable to the individual or partner as the widow or widower of a deceased veteran; or (iii) a pension under Part IV of that Act payable to the individual or partner as a member of the Forces or as a member of a Peacekeeping Force; or (iv) a pension under Part IV of that Act payable to the individual or partner as the widow or widower of a deceased member of the Forces or as the widow or widower of a deceased member of a Peacekeeping Force; and (c) neither the individual nor the individual's partner was receiving, immediately before 1 July 2000, or has received at any time on or after that day: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension; or (iv) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; and (d) at all times on and after 1 July 2000: (i) the individual or the individual's partner has been eligible for family tax benefit or would have been so eligible if the individual or partner had not been receiving a pension referred to in paragraph (b); and (ii) the individual's or partner's Part A rate of family tax benefit has been, or would have been, greater than nil; and (e) the individual's adjusted taxable income for the purposes of this Act (other than Part 4 of this Schedule) for an income year that commenced on or after 1 July 2000 until 1 July 2007 (inclusive) has exceeded the individual's income free area under clause 19 of this Schedule; and (ea) the individual's adjusted taxable income for the purposes of this Act (other than Part 4 of this Schedule) for the income year that commenced on 1 July 2008 and every succeeding income year has exceeded the individual's income free area under clause 38N of this Schedule; and (f) the individual's Part A rate worked out according to Part 2, 3 or 3A of this Schedule is not, and never has been, equal to, or greater than, the individual's 30 June 2000 rate. (3) Subparagraph (2)(a)(iii) cannot be satisfied in relation to an individual unless the individual or the individual's partner had, immediately before 1 July 2000, at least one dependant. (4) In spite of any other provision of this Schedule, the Part A rate of an individual to whom this clause applies is the individual's saved Part A rate. (5) An individual's saved Part A rate is the lower of: (a) the individual's 30 June 2000 rate; and (b) the individual's special Part A rate. (6) The 30 June 2000 rate for an individual is worked out using the following method statement. Method statement Step 1. If the individual or the individual's partner was receiving family allowance, but not family tax payment, immediately before 1 July 2000, the fortnightly rate of that family allowance is the individual's fortnightly rate. Step 2. If the individual or the individual's partner was receiving family tax payment, but not family allowance, immediately before 1 July 2000, the individual's or partner's fortnightly Part A rate of family tax payment immediately before 1 July 2000 is the individual's fortnightly rate. Step 3. If the individual or the individual's partner was receiving family allowance and family tax payment immediately before 1 July 2000, add the following amounts: (a) the individual's or partner's fortnightly rate of family allowance immediately before 1 July 2000; (b) the individual's or partner's fortnightly Part A rate of family tax payment immediately before 1 July 2000. The result is the individual's fortnightly rate. Step 4. From the individual's fortnightly rate subtract any amount of guardian allowance included in the individual's or the individual's partner's family allowance by virtue of Module F of the Family Allowance Rate Calculator in section 1069 of the Social Security Act 1991, as in force immediately before 1 July 2000: the result is the individual's net fortnightly rate. Step 5. Divide the individual's net fortnightly rate by 14. If the result is not a whole number of cents or dollars or a whole number of dollars and a whole number of cents, round the result upwards to the nearest cent and multiply the rounded amount by 365: the result of the multiplication is the individual's annual rate. Step 6. If neither the individual nor the individual's partner was receiving family allowance or family tax payment immediately before 1 July 2000, the individual's annual rate is nil. Step 7. If either or both of subparagraphs (2)(a)(i) and (ii) are satisfied but subparagraph (2)(a)(iii) is not satisfied, the individual's annual rate is his or her 30 June 2000 rate. Step 8. If subparagraph (2)(a)(iii) is satisfied but subparagraph (2)(a)(ii) is not satisfied, add the following amounts: (a) the individual's annual rate; (b) the individual's 1999-2000 family tax assistance component. The result is the individual's 30 June 2000 rate. (7) An individual's special Part A rate is the individual's Part A rate of family tax benefit worked out: (a) in accordance with Part 2, 3 or 3A of this Schedule; and (b) as if neither the individual nor the individual's partner was receiving a pension referred to in paragraph (2)(b). (8) An individual's 1999-2000 family tax assistance component is the amount worked out according to the formula: [pic] where: number of dependants is the total number of dependants the family tax assistance person had on 30 June 2000. Division 4-Reduction for family tax benefit advance 40 Reduction for family tax benefit advance (1) Subject to subclause (2) and clauses 43 and 44, the amount by which an individual's Part A rate is to be reduced under clause 5 or 25A to repay a family tax benefit advance is worked out using the following formula: [pic] Member of a couple in a blended family (2) If a determination under section 28 that an individual is eligible for a percentage (the section 28 percentage) of the family tax benefit for FTB children of the individual is in force, the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A to repay the family tax benefit advance is worked out using the following formula: [pic] Meaning of repayment period (3) The repayment period in relation to a family tax benefit advance that is paid to an individual: (a) begins on: (i) the first day of the instalment period after the individual is paid the family tax benefit advance; or (ii) if it is not practicable for the reduction to start on the day referred to in subparagraph (i)-the first day on which it is practicable to reduce the individual's Part A rate; or (iii) if the determination of the individual's entitlement to the family tax benefit advance is a determination referred to in subsection 35B(3) of the Family Assistance Administration Act (regular family tax benefit advances)- the day the determination is made; or (iv) such other day determined by the Secretary under this Division; and (b) is a period of 182 days or such other period determined by the Secretary under this Division. 41 Standard reduction (1) Subject to subclause (2), the standard reduction for a family tax benefit advance is the amount worked out using the following formula: [pic] Member of a couple in a blended family (2) If a determination under section 28 that an individual is eligible for a percentage (the section 28 percentage) of the family tax benefit for FTB children of the individual is in force, the standard reduction for a family tax benefit advance paid to the individual is the amount worked out using the following formula: [pic] Meaning of original repayment period (3) The original repayment period for a family tax benefit advance is a period of 182 days, unless the Secretary has determined a different period for the advance under clause 42 or 51. 42 Secretary determines shorter repayment period When determining an individual's entitlement to a family tax benefit advance under section 35A of the Family Assistance Administration Act, the Secretary may determine that the repayment period for the family tax benefit advance is a period of less than 182 days, if the Secretary is satisfied that it is appropriate to determine the shorter repayment period having regard to: (a) circumstances affecting the individual's eligibility for family tax benefit; and (b) circumstances affecting the rate of family tax benefit that the individual is entitled to be paid. 43 Part A rate insufficient to cover reduction-single family tax benefit advance (1) This clause applies if: (a) under clause 5 or 25A, the individual's Part A rate is to be reduced to repay a family tax benefit advance (the unrepaid advance); and (b) the individual's Part A rate is not to be reduced under clause 5 or 25A to repay any other family tax benefit advance; and (c) the amount by which the individual's Part A rate would be reduced under clause 5 or 25A to repay the unrepaid advance would exceed the amount of the individual's Part A rate before reduction (the unreduced Part A rate), if the amount were worked out under clause 40. (2) Subject to clause 45, the Secretary must determine that the number of days in the repayment period for the unrepaid advance is to be increased so that the individual's Part A rate is reduced under clause 5 or 25A by an amount that is no more than the individual's unreduced Part A rate. (3) If the individual's unreduced Part A rate later exceeds the amount by which the individual's Part A rate would be reduced under clause 40, the Secretary may determine that the number of days in the repayment period for the unrepaid advance is to be decreased. (4) However, the amount by which the individual's Part A rate is to be reduced as a result of a determination under subclause (3) must be no more than the standard reduction. Note: The individual may also request that the Secretary determine a shorter or longer repayment period under clause 46 or 47. 44 Part A rate insufficient to cover reduction-multiple family tax benefit advances (1) This clause applies if: (a) under clause 5 or 25A, the individual's Part A rate is to be reduced to repay more than one family tax benefit advance (the unrepaid advances); and (b) the sum of the amounts by which the individual's Part A rate would be reduced under clause 5 or 25A to repay the unrepaid advances would exceed the amount of the individual's Part A rate before reduction (the unreduced Part A rate), if the amounts were worked out under clause 40. (2) Subject to clause 45, the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A to repay the unrepaid advances is worked out using the following method statement: Method statement Step 1. Take each advance, in the order in which the advances were paid. Step 2. If the unreduced Part A rate, less any amounts by which the individual's Part A rate has been reduced under a previous application of this step, equals or exceeds the standard reduction for the advance, the individual's Part A rate is to be reduced by an amount equal to the standard reduction. Step 3. If the unreduced Part A rate, less any amounts by which the individual's Part A rate has been reduced under a previous application of step 2, does not equal or exceed the standard reduction for the advance (but is greater than nil), the Secretary must determine that the number of days in the repayment period for the advance is to be increased so that the individual's Part A rate is reduced by an amount that is no more than the remainder. Step 4. If the unreduced Part A rate, less any amounts by which the individual's Part A rate has been reduced under a previous application of step 2 or step 3, is nil, the Secretary must determine that the repayment period for the advance is to be suspended while the determination is in force. (3) The Secretary may vary a determination made under step 3 of the method statement in subclause (2). (4) The Secretary may revoke a determination made under step 4 of the method statement in subclause (2). (5) Subject to clause 45, if the Secretary revokes a determination made under step 4 of the method statement in subclause (2) in relation to a family tax benefit advance, the Secretary must determine the number of days remaining in the repayment period for the advance. (6) The Secretary must not vary a determination under subclause (3), or make a determination under subclause (5), in relation to a family tax benefit advance so that the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A to repay the advance is more than the standard reduction. 45 Part A rate insufficient to cover reduction-discretion to create FTB advance debt (1) The Secretary may, instead of making a determination under subclause 43(2), step 3 of the method statement in subclause 44(2) or under subclause 44(5), determine that the amount of unrepaid family tax benefit advance is to be a debt. Note: See subsection 71A(7) of the Family Assistance Administration Act. (2) However, the Secretary must not make a determination under subclause (1) unless the individual's Part A rate before reduction under clause 5 or 25A is less than the amount that would, under clause 26, be the FTB child rate for an FTB child who had not turned 18 if: (a) the individual's Part A rate were required to be worked out using Part 3 of this Schedule; and (b) clause 27 did not apply. 46 Changing the repayment period-individual requests shorter period Request for shorter repayment period (1) The Secretary may determine that the number of days in a repayment period for a family tax benefit advance paid to an individual is to be decreased if: (a) the individual has made a request in accordance with subclause (2) for a shorter repayment period; and (b) the Secretary is satisfied that the individual would not suffer severe financial hardship if the number of days in the repayment period were decreased as determined. (2) The request must be made in a form and manner, contain any information, and be accompanied by any documents, required by the Secretary. Request for variation of the determination (3) On the request of the individual, the Secretary may, in writing, vary the determination so as to increase the number of days in the repayment period. (4) However, the Secretary must not vary the determination under subclause (3) if, as a result of the variation, the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A would be less than the standard reduction. Note: If, after a variation under subclause (3), the reduction in the individual's Part A rate under clause 5 or 25A would cause the individual to suffer severe financial hardship, the individual may request a longer repayment period under clause 47. 47 Changing the repayment period-individual requests longer period Request for longer repayment period (1) The Secretary may determine that the number of days in a repayment period for a family tax benefit advance paid to an individual is to be increased if: (a) the individual has made a request in accordance with subclause (2) for a longer repayment period; and (b) the Secretary is satisfied that: (i) special circumstances relevant to the repayment of the advance exist in relation to the individual that could not reasonably have been foreseen at the time of the individual's request for a family tax benefit advance; and (ii) the individual would suffer severe financial hardship if the number of days in the repayment period were not increased as determined. (2) The request must be made in a form and manner, contain any information, and be accompanied by any documents, required by the Secretary. Secretary may vary the determination (3) The Secretary may, in writing, vary the determination so as to reduce the number of days in the repayment period but only if: (a) the Secretary is satisfied that the individual would not suffer severe financial hardship because of the variation; and (b) the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A, as a result of the variation, is not greater than the standard reduction. 48 Changing the repayment period-recalculation of amount of unrepaid family tax benefit advance (1) This clause applies if, during the repayment period for a family tax benefit advance, the amount of the family tax benefit advance that is unrepaid is increased, due to a variation in a determination, or a variation or substitution of a decision on review (other than a variation under subsection 28(2) or (6) of the Family Assistance Administration Act), so that the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A is an amount that is more than the standard reduction. (2) The Secretary must determine that the number of days in a repayment period is to be increased so that the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A is an amount that is no more than the standard reduction. Note: The individual may also request that the Secretary determine a shorter or longer repayment period under clause 46 or 47. 49 Suspension of repayment period Request for suspension of repayment period (1) The Secretary may determine that the repayment period for a family tax benefit advance paid to an individual is to be suspended while the determination is in force. (2) However, the Secretary may only make a determination under subclause (1) if: (a) the individual has made a request in accordance with subclause (3) for the repayment period to be suspended; and (b) the Secretary is satisfied that: (i) special circumstances relevant to the repayment of the advance exist in relation to the individual that could not reasonably have been foreseen at the time of the individual's request for a family tax benefit advance; and (ii) the individual would suffer severe financial hardship if the individual's Part A rate were to be reduced for that period. (3) The request must be made in a form and manner, contain any information, and be accompanied by any documents, required by the Secretary. Secretary may revoke the suspension (4) The Secretary may in writing, at any time, revoke the determination, but only if the Secretary is satisfied that the individual would not suffer severe financial hardship from the individual's Part A rate being reduced under clause 5 or 25A as a result of the revocation. Determination of repayment period on revocation of suspension (5) If the Secretary revokes the determination, the Secretary must determine the number of days remaining in the repayment period so that the amount by which the individual's Part A rate is to be reduced under clause 5 or 25A is an amount that is no more than the standard reduction. Note: The individual may also request that the Secretary determine a shorter or longer repayment period under clause 46 or 47. 50 Repayment of family tax benefit advance by another method (1) The Secretary may determine that an individual may repay all or part of an amount of unrepaid family tax benefit advance by a method other than by reduction under clause 5 or 25A if: (a) the individual has made a request in accordance with subclause (2); and (b) the method is acceptable to both the individual and the Secretary. (2) The request must be made in a form and manner, contain any information, and be accompanied by any documents, required by the Secretary. 51 Recalculation of amount of unrepaid family tax benefit advance (1) This clause applies if: (a) an individual is paid a family tax benefit advance (the old advance); and (b) the individual's Part A rate has been reduced under clause 5 or 25A to repay the old advance; and (c) the repayment period for the old advance has expired; and (d) due to a variation in a determination, or a variation or substitution of a decision on review (other than a variation under subsection 28(2) or (6) of the Family Assistance Administration Act), the reduction in the individual's Part A rate under clause 5 or 25A has not been sufficient to repay the old advance; and (e) at the time of the variation of the determination, or the variation or substitution of the decision on review: (i) the individual is entitled to be paid family tax benefit by instalment; and (ii) the individual's Part A rate is greater than nil (before reduction under clause 5 or 25A). Note: If a variation or review occurs during the repayment period for a family tax benefit advance, the Secretary may be required to make a determination under clause 48. (2) The Secretary must determine that the individual is to be taken to have been paid a family tax benefit advance (the new advance) equal to the amount of the old advance left unrepaid on the day on which the Part A rate is recalculated. (3) If an individual is taken to have been paid a new advance under subclause (2), the individual is taken to have repaid the old advance. (4) The Secretary must determine the repayment period for the new advance and the day on which the repayment period is to begin. (5) The Secretary must not make a determination under subclause (4) that would cause the individual to suffer severe financial hardship. (6) The Secretary may vary or revoke a determination made under subclause (2) or (4), if a subsequent variation in the determination, or a variation or substitution of the decision on review, occurs. Schedule 2-Child care benefit rate calculator Note: See subsection 70(1). Part 1-Overall rate calculation process 1 Method of calculating rate of child care benefit (1) If an individual's rate of child care benefit for a session of care provided to a child is to be worked out using this Schedule, the individual's hourly rate of child care benefit for the session is worked out in accordance with the following method statement: Method statement Step 1. Use Part 2 (clause 4) to work out the standard hourly rate for the session. Step 2. Work out the individual's adjustment percentage using clause 2. Step 3. Work out that percentage of the standard hourly rate: the result is the individual's rate of child care benefit for the care. (2) If the individual is eligible for child care benefit for only part of a session of care, this Schedule applies to the individual's rate of child care benefit for that part of the session as if a reference in this Schedule to a session of care included a reference to a part of a session of care. 2 Adjustment percentage (1) An individual's adjustment percentage for the purposes of step 2 in the method statement in clause 1 is: [pic] (2) In subclause (1): CCB % is: [pic] schooling % is: (a) 85% if the child is a school child; and (b) 100% if the child is not a school child. part-time % is: (a) if: (i) the care is provided by an approved centre based long day care service; and (ii) the child is not a school child; and (iii) the total number of hours in sessions of care that are provided to the child by the approved centre based long day care service, and for which the family incurs liability to pay, in the week concerned, is less than 34-110%; or (b) if: (i) the care is provided by an approved centre based long day care service; and (ii) the child is not a school child; and (iii) the total number of hours in sessions of care that are provided to the child by the approved centre based long day care service, and for which the family incurs liability to pay, in the week concerned, is 34 or more, but less than 35- 108%; or (c) if: (i) the care is provided by an approved centre based long day care service; and (ii) the child is not a school child; and (iii) the total number of hours in sessions of care that are provided to the child by the approved centre based long day care service, and for which the family incurs liability to pay, in the week concerned, is 35 or more, but less than 36- 106%; or (d) if: (i) the care is provided by an approved centre based long day care service; and (ii) the child is not a school child; and (iii) the total number of hours in sessions of care that are provided to the child by the approved centre based long day care service, and for which the family incurs liability to pay, in the week concerned, is 36 or more, but less than 37- 104%; or (e) if: (i) the care is provided by an approved centre based long day care service; and (ii) the child is not a school child; and (iii) the total number of hours in sessions of care that are provided to the child by the approved centre based long day care service, and for which the family incurs liability to pay, in the week concerned, is 37 or more, but less than 38- 102%; or (f) in any other case-100%. (3) In subclause (2): multiple child % is worked out using Part 3 (clause 5). taxable income % is worked out using Part 4 (clauses 6 to 11). 3 Number of children in care of a particular kind (1) An individual's multiple child % and taxable income % are affected by the number of children the individual has in care of a particular kind. (2) For the purposes of applying this Schedule to work out an individual's rate of child care benefit for a session of care of a particular kind, the number of children in care of that kind is worked out in accordance with the following method statement: Method statement Step 1. Work out what kind of care was provided. For this purpose, the kinds of care are: (a) care other than care provided by an approved occasional care service; and (b) care provided by an approved occasional care service. Step 2. Work out, in relation to the individual, how many children are in sessions of care of that kind in the week concerned for which the individual is eligible for child care benefit. That number is the number of children in care of that kind in relation to the individual and that kind of care. Part 2-Standard hourly rate 4 Standard hourly rate-basic meaning (1) The standard hourly rate for a session of care provided to a child is worked out using the following table and rounding the result to the nearest cent (rounding 0.5 cents upwards): |Standard hourly rates | | |Kind of care |Standard hourly rate | | |provided in hour | | |1 |Care other than: |$3.37 | | |(a) non-standard | | | |hours family day | | | |care; or | | | |(b) non-standard | | | |hours in-home | | | |care; or | | | |(c) part-time | | | |family day care; | | | |or | | | |(d) part-time | | | |in-home care | | |2 |Part-time family |The lesser of: | | |day care or |(a) one and a third | | |part-time in-home |times the item 1 rate; | | |care |and | | | |(b) the ceiling rate | | | |worked out under | | | |subclause (2) | |3 |Non-standard hours|One and a third times | | |family day care or|the item 1 rate | | |non-standard hours| | | |in-home care | | (2) For the purposes of item 2 of the table in subclause (1), the ceiling rate is: [pic] where: item 1 rate is the item 1 standard hourly rate in the table in subclause (1). number of eligible hours is the total number of hours in sessions of care of the kind referred to in item 2 of the table in subclause (1) that are provided to the child in the week concerned and for which the individual is eligible for child care benefit. Part 3-Multiple child % 5 Multiple child % The multiple child % for an individual's child care benefit for a session of care of a particular kind provided to a child is worked out in accordance with the following method statement: Method statement Step 1. Use clause 3 to work out the number of children the individual has in care of that kind: the result is the number of children. Step 2. Use clause 11 to work out the individual's maximum weekly benefit: the result is the multiple child rate. Step 3. Work out what would be the individual's maximum weekly benefit under clause 11 if the individual had only one child in care of that kind and multiply it by the number of children: the result is the single child rate. Step 4. Divide the multiple child rate by the single child rate and express the result as a percentage: the result is the multiple child %. Part 4-Taxable income % 6 Income thresholds (1) There are 2 income thresholds that are relevant for working out an individual's taxable income %. (2) The lower income threshold is $28,200. (3) The upper income threshold is $66,000. 7 Method of calculating taxable income % An individual's taxable income % for a session of care provided to a child in an income year is: (a) 100% if: (i) the individual's adjusted taxable income for the income year does not exceed the lower income threshold; or (ii) the individual or the individual's partner is receiving a social security benefit, a social security pension or a service pension or is receiving income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; and (b) worked out using clause 8 if paragraph (a) does not apply. 8 Taxable income % if adjusted taxable income exceeds lower income threshold and if neither individual nor partner on income support If an individual's taxable income % for a session of care provided to a child in an income year is to be worked out using this clause, it is to be worked out in accordance with the following method statement: Method statement Step 1. Use clause 9 to work out the individual's income threshold. Step 2. Take the individual's income threshold from the individual's adjusted taxable income for the income year: the result is the individual's income excess. Step 3. Divide the income excess by 52 to convert it into a weekly amount: the result is the weekly income excess. Step 4. Use clause 10 to work out the individual's taper % and then work out that percentage of the weekly income excess: the result is the weekly taper amount. Step 5. Divide the weekly taper amount by the individual's maximum weekly benefit worked out under clause 11 and express the result as a percentage. Step 6. Take the percentage obtained in step 5 from 100% and round to 2 decimal places: the result is the individual's taxable income %. However, if the result is less than zero, the individual's taxable income % is zero. 8A Special provision for certain recipients of pensions under the Veterans' Entitlements Act (1) In this clause: Childcare Assistance (Fee Relief) Guidelines means the Childcare Assistance (Fee Relief) Guidelines in force under subsection 12A(1) of the Child Care Act 1972 immediately before 1 July 2000. ordinary taxable income % means taxable income % worked out in accordance with this Schedule (apart from this clause). partner, in relation to an individual, means the person who: (a) was the partner of that individual immediately before 1 July 2000; and (b) has continued, at all times on and after that day, to be the partner of the individual. (2) This clause applies to an individual in relation to an income year (the relevant income year) if all of the following paragraphs are satisfied in relation to the individual: (a) immediately before 1 July 2000, there was in force, under the Childcare Assistance (Fee Relief) Guidelines, an assessment that the individual or the individual's partner was eligible for child care assistance within the meaning of those guidelines; (b) the individual or the individual's partner was receiving, immediately before 1 July 2000, and has continued, at all times on and after that day, to receive: (i) a pension under Part II of the Veterans' Entitlements Act 1986 payable to the individual or partner as a veteran; or (ii) a pension under Part II of that Act payable to the individual or partner as the widow or widower of a deceased veteran; or (iii) a pension under Part IV of that Act payable to the individual or partner as a member of the Forces or as a member of a Peacekeeping Force; or (iv) a pension under Part IV of that Act payable to the individual or partner as the widow or widower of a deceased member of the Forces or as the widow or widower of a deceased member of a peacekeeping Force; (c) neither the individual nor the individual's partner was receiving, immediately before 1 July 2000, or has received at any time on or after that day: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension; or (iv) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; (d) a determination was in force under the A New Tax System (Family Assistance) (Administration) Act 1999 during the income year that commenced on 1 July 2000 and every succeeding income year before the relevant income year, that the individual or the individual's partner was entitled to be paid child care benefit; (e) the individual's adjusted taxable income for the purposes of this Act for the income year that commenced on 1 July 2000 and every succeeding income year has exceeded the lower income threshold in respect of that income year; (f) the individual's ordinary taxable income % for a session of care provided to a child in an income year that commenced on or after 1 July 2000 (including the relevant income year) has never been equal to, or higher than, the individual's saved taxable income % for the session of care. (3) In spite of any other provision of this Schedule, the taxable income % of an individual to whom this clause applies for a session of care provided to a child in the relevant income year is the individual's saved taxable income % for that session. (4) The saved taxable income % of an individual for a session of care provided to a child is the lower of: (a) the individual's taxable income % for that session worked out in accordance with subclause (5); and (b) the individual's taxable income % for that session calculated in accordance with subclause (6). (5) An individual's taxable income % for a session of care for the purposes of paragraph (4)(a) is the percentage worked out: (a) in accordance with this Schedule (apart from this clause); and (b) as if neither the individual nor the individual's partner was receiving, in relation to any part of the income year in which the session of care is provided, a pension referred to in paragraph (2)(b). (6) An individual's taxable income % for a session of care for the purposes of paragraph (4)(b) is the percentage worked out: (a) in accordance with this Schedule (apart from this clause); and (b) as if the amount of the individual's adjusted taxable income for the income year in which the session of care is provided equalled the amount of the income of the individual last taken into account for the purposes of the assessment referred to in paragraph (2)(a). 9 Income threshold An individual's income threshold for a session of care of a particular kind provided to a child in an income year is worked out using the following table: |Weekly threshold | | |Number of|Adjusted |Threshold | | |children |taxable | | | |in care |income for | | | |of that |income year | | | |kind |exceeds | | | | |upper income| | | | |threshold? | | |1 |1 |no |Lower income | | | | |threshold | |2 |1 |yes |Lower income | | | | |threshold | |3 |2 or more|no |Lower income | | | | |threshold | |4 |2 or more|yes |Upper income | | | | |threshold | 10 Taper % The taper % for an individual for a session of care of a particular kind provided to a child in an income year is worked out using the following table: |Taper % | | |Number of |Adjusted |Taper %| | |children in |taxable income | | | |care of that|for income year| | | |kind |exceeds upper | | | | |income | | | | |threshold? | | |1 |1 |No |10% | |2 |1 |Yes |10% | |3 |2 |No |15% | |4 |2 |Yes |25% | |5 |3 or more |No |15% | |6 |3 or more |Yes |35% | 11 Maximum weekly benefit (1) The maximum weekly benefit for an individual for a session of care of a particular kind provided to a child in an income year is worked out using the following table: |Maximum Weekly Benefit Table | | |Number |Adjusted |Maximum weekly benefit | | |of |taxable income |(MWB) | | |childre|for income year| | | |n in |exceeds upper | | | |care of|income | | | |that |threshold? | | | |kind | | | |1 |1 |no |[pic] | |2 |1 |yes |[pic] | |3 |2 |no |[pic] | |4 |2 |yes |[pic] | |5 |3 |no |[pic] | |6 |3 |yes |[pic] | |7 |4 or |no |[pic] | | |more | | | |8 |4 or |yes |[pic] | | |more | | | (2) In the table in subclause (1): additional loading is one third of the amount, expressed in dollars, in item 5 of the table for each child in care of that kind after the third child. additional MWB is item 1 of the table MWB for each child in care of that kind after the third child. MWB means maximum weekly benefit. specific taper amount is the amount that would be the weekly taper amount for an individual worked out under step 4 of the method statement in clause 8 if the individual's adjusted taxable income for the income year were the upper income threshold. standard hourly rate is the amount specified in item 1 of the table in subclause 4(1); and Schedule 3-Adjusted taxable income Note: See section 3. 1 Adjusted taxable income relevant to family tax benefit and child care benefit An individual's adjusted taxable income is relevant to eligibility for, and the rate of, family tax benefit and child care benefit. 2 Adjusted taxable income (1) For the purposes of this Act and subject to subclause (2), an individual's adjusted taxable income for a particular income year is the sum of the following amounts (income components): (a) the individual's taxable income for that year; (b) the individual's adjusted fringe benefits total for that year; (c) the individual's target foreign income for that year; (d) the individual's total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for that year; (e) the individual's tax free pension or benefit for that year; (f) the individual's reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for that year; less the amount of the individual's deductible child maintenance expenditure for that year. (2) If an individual dies before the end of a particular income year, the individual's adjusted taxable income for that year is to be calculated in accordance with the following formula: [pic] where: income of individual to date of death means the amount that would, but for the operation of this subclause, have been the amount of adjusted taxable income of the individual for the particular income year in which the individual died if, so far as that particular individual is concerned, that year had comprised only those days preceding the individual's death. 3 Adjusted taxable income of members of couple (1) For the purposes of this Act (other than Part 4 of Schedule 1), if an individual is a member of a couple, the individual's adjusted taxable income for an income year includes the adjusted taxable income for that year of the individual's partner. (2) For the purposes of Part 4 of Schedule 1, if an individual is a member of a couple, the individual's adjusted taxable income for an income year is: (a) for the purposes of Subdivision AA of Division 1 of Part 4 of Schedule 1: (i) the individual's adjusted taxable income for that year; or (ii) the adjusted taxable income for that year of the individual's partner if it is more than the individual's adjusted taxable income for that year; and (b) for the purposes of the other provisions of Part 4 of Schedule 1: (i) the individual's adjusted taxable income for that year; or (ii) the adjusted taxable income for that year of the individual's partner if it is less than the individual's adjusted taxable income for that year. 3A Working out adjusted taxable income in certain cases where individuals cease to be members of a couple If: (a) an individual is a member of a couple with another individual (partner A) for a period or periods during an income year but not at the end of the income year; and (b) for any period during the income year while the individual was a member of that couple, the Secretary had determined the individual's entitlement to family assistance by way of family tax benefit or child care benefit on the basis that a particular amount was the individual's adjusted taxable income (the current ATI amount); and (c) that amount differs from the amount of the individual's adjusted taxable income as finally determined in respect of the income year by the Secretary (the final ATI amount); and (d) the individual's entitlement to family assistance of that kind, for the total period, or for the total of the periods, that the individual was a member of that couple, would be less if worked out using the final ATI amount than if worked out using the current ATI amount as determined from time to time; and (e) if the current ATI amount at any time was based on an estimate provided by the individual and is less than the final ATI amount: (i) at the time when the estimate was provided-the individual did not know, and had no reason to suspect, that the estimate was incorrect; and (ii) if, after the estimate was provided and before ceasing to be a member of the couple, the individual knew or had reason to suspect that the estimate was incorrect-the individual provided a revised estimate as soon as practicable after knowing or suspecting that the estimate was incorrect; then, despite the final determination of that adjusted taxable income by the Secretary, the individual's adjusted taxable income during any period during the income year: (f) that the individual and partner A were a couple; and (g) that a particular current ATI amount applied; is to be taken to be that particular current ATI amount. 4 Adjusted fringe benefits total An individual's adjusted fringe benefits total for an income year is the amount worked out using the formula: [pic] where: FBT rate is the rate of tax set by the Fringe Benefits Tax Act 1986 for the FBT year (as defined in the Fringe Benefits Tax Assessment Act 1986) beginning on the 1 April just before the start of the income year. reportable fringe benefits total is the amount that the Secretary is satisfied is the individual's reportable fringe benefits total (as defined in the Fringe Benefits Tax Assessment Act 1986) for the income year. 5 Target foreign income (1) An individual's target foreign income for an income year is: (a) the amount of the individual's foreign income (as defined in section 10A of the Social Security Act 1991) for the income year that is neither: (i) taxable income; nor (ii) received in the form of a fringe benefit (as defined in the Fringe Benefits Tax Assessment Act 1986, as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986) in relation to the individual as an employee (as defined in the Fringe Benefits Tax Assessment Act 1986) and a year of tax; and (b) any amount of income that is not covered by paragraph (a) that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936, reduced (but not below nil) by the total amount of losses and outgoings (except capital losses and outgoings) incurred by the individual in deriving that exempt income. (2) If it is necessary, for the purposes of this Act, to work out an amount of foreign income expressed in a foreign currency received in an income year, the amount in Australian currency is to be worked out using the market exchange rate for 1 July in that income year. (3) If there is no market exchange rate for 1 July in the income year (for example, because of a national public holiday), the market exchange rate to be used is the market exchange rate that applied on the last working day immediately before that 1 July. (4) For the purposes of this clause, the appropriate market exchange rate on a particular day for a foreign currency is: (a) if there is an on-demand airmail buying rate for the currency available at the Commonwealth Bank of Australia at the start of business in Sydney on that day and the Secretary determines that it is appropriate to use that rate-that rate; or (b) in any other case: (i) if there is another rate of exchange for the currency, or there are other rates of exchange for the currency, available at the Commonwealth Bank of Australia at the start of business in Sydney on that day and the Secretary determines that it is appropriate to use the other rate or one of the other rates-the rate so determined; or (ii) otherwise-a rate of exchange for the currency available from another source at the start of business in Sydney on that day that the Secretary determines it is appropriate to use. 7 Tax free pension or benefit For the purposes of this Schedule, the following payments received in an income year are tax free pensions or benefits for that year: (a) a disability support pension under Part 2.3 of the Social Security Act 1991; (b) a wife pension under Part 2.4 of the Social Security Act 1991; (c) a carer payment under Part 2.5 of the Social Security Act 1991; (d) a pension under Part II of the Veterans' Entitlements Act 1986 payable to a veteran; (da) a pension under Part IV of the Veterans' Entitlements Act 1986 payable to a member of the Forces or a member of a Peacekeeping Force; (e) an invalidity service pension under Division 4 of Part III of the Veterans' Entitlements Act 1986; (f) a partner service pension under Division 5 of Part III of the Veterans' Entitlements Act 1986; (g) a pension under Part II of the Veterans' Entitlements Act 1986 payable to the widow or widower of a deceased veteran; (ga) a pension under Part IV of the Veterans' Entitlements Act 1986 payable to the widow or widower of a deceased member of the Forces or the widow or widower of a deceased member of a Peacekeeping Force; (h) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; (haa) Defence Force Income Support Allowance under Part VIIAB of the Veterans' Entitlements Act 1986; (ha) a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004; (hb) a payment of compensation under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act 2004; (hc) a payment of compensation mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act 2004; to the extent to which the payment: (i) is exempt from income tax; and (j) is not a payment by way of bereavement payment, pharmaceutical allowance, rent assistance, language, literacy and numeracy supplement, remote area allowance or clean energy supplement; and (k) if the payment is a payment under the Social Security Act 1991- does not include tax-exempt pension supplement (within the meaning of subsection 20A(6) of that Act); and (l) if the payment is a payment under the Veterans' Entitlements Act 1986-does not include tax-exempt pension supplement (within the meaning of subsection 5GA(5) of that Act). 8 Deductible child maintenance expenditure Deductible child maintenance expenditure (1) For the purposes of this Schedule, if an individual incurs an amount of child maintenance expenditure during an income year, 100% of the amount of the expenditure is the individual's deductible child maintenance expenditure in respect of that year. Child maintenance expenditure (2) For the purposes of this clause, an individual incurs child maintenance expenditure if: (a) the individual (the payer) pays a payment (either one-off or periodic) or provides benefits; and (b) the payment or benefits are paid or provided in respect of the payer's natural, adopted or relationship child; and (c) the payment or benefits are paid or provided to another individual other than the payer's partner (if any) for the maintenance of the child. Amount of child maintenance expenditure (3) For the purposes of this clause, if an individual incurs child maintenance expenditure, the amount of the child maintenance expenditure incurred by the individual is the amount of the payment paid or the value of the benefits to the individual who provided them. Value of a benefit provided (4) For the purposes of subclause (3), the value of a benefit, in relation to the individual providing the benefit, has the meaning set out in subclauses (5) and (6). Value of benefit where provider is a party to a child support agreement (5) If: (a) an individual providing a benefit is a party to a child support agreement under the Child Support (Assessment) Act 1989; and (b) the agreement contains: (i) non-periodic payment provisions (within the meaning of that Act) under which the individual is providing child support to another individual for a child; and (ii) a statement that the annual rate of child support payable under any relevant administrative assessment is to be reduced by a specified amount that represents an annual value of the child support to be provided; and (c) the individual provides the support; the value of the benefit provided by the individual is the specified amount. Value of benefit where provider is not a party to a child support agreement (6) If an individual providing a benefit is not a party to a child support agreement under the Child Support (Assessment) Act 1989, the value of the benefit provided by the individual is the cost of the benefit to the individual. Schedule 4-Indexation and adjustment of amounts Note: See section 85. Part 1-Preliminary 1 Analysis of Schedule This Schedule provides for: (a) the indexation, in line with CPI (Consumer Price Index) increases, of the amounts in column 1 of the table at the end of clause 3; and (c) the adjustment of other amounts in line with the increases in the amounts indexed under the Social Security Act 1991. 2 Indexed and adjusted amounts The following table sets out: (a) each monetary amount that is to be indexed or adjusted under this Schedule; and (b) the abbreviation used in this Schedule for referring to that amount; and (c) the provision or provisions in which that amount is to be found. |Indexed and adjusted amounts | | |Column 1 |Column 2 |Column 3 | | |Description of |Abbreviation |Provisions in | | |amount | |which amount | | | | |specified | |1 |FTB child rate |FTB child rate |[Schedule 1-clau| | |(Part A-Method 1) |(A1) |se 7-table-colum| | | | |n 2-all amounts]| |4 |Rent threshold |FTB RA rent |[Schedule 1-subp| | |rate for rent |threshold (A1 |aragraphs | | |assistance for |and A3) |38C(1)(f)(i), | | |family tax benefit| |(ii), (iii) and | | |(Part A-Methods 1 | |(iv)] | | |and 3) | |[Schedule 1-subp| | | | |aragraphs | | | | |38C(1)(fa)(i), | | | | |(ii), (iii) and | | | | |(iv)] | | | | |[Schedule 1-clau| | | | |se 38D-table-col| | | | |umn 2-all | | | | |amounts] | | | | |[Schedule 1-clau| | | | |se 38E-table-col| | | | |umn 2-all | | | | |amounts] | |5 |Maximum rent |FTB RA maximum |[Schedule 1-clau| | |assistance for |(A1 and A3) |se 38D-table-col| | |family tax benefit| |umn 3-all | | |(Part A-Methods 1 | |amounts] | | |and 3) | |[Schedule 1-clau| | | | |se 38E-table-col| | | | |umn 3-all | | | | |amounts] | |6 |FTB child rate |FTB child rate |[Schedule 1-subc| | |(Part A-Method 2) |(A2) |lause 26(2)-all | | | | |amounts] | |7 |Large family |FTB LFS (A) |[Schedule 1-clau| | |supplement formula| |se 35-the amount| | |component for | |in the formula] | | |family tax benefit| | | | |(Part A) | | | |8 |Multiple birth |FTB MBA (A) |[Schedule 1-clau| | |allowance for | |se 37-paragraphs| | |family tax benefit| | (a) and (b)] | | |(Part A) | | | |8A |FTB gross |FTB gross |[Schedule 1-subc| | |supplement amount |supplement |lause 38A(3)] | | |for family tax |amount (A) | | | |benefit (Part A) | | | |8B |FTB clean energy |FTB clean energy|[Schedule 1-subc| | |child amount for |child amount |lause | | |family tax benefit| |38AA(2)-all FTB | | |(Part A) | |clean energy | | | | |child amounts] | | | | |[Schedule 1-subc| | | | |lause | | | | |38AF(2)-all FTB | | | | |clean energy | | | | |child amounts] | |9 |Standard rate of |FTB standard |[Schedule 1-clau| | |family tax benefit|rate (B) |se 30-table-colu| | |(Part B) | |mn 2-all | | | | |amounts] | |9A |FTB (B) gross |FTB gross |[Schedule 1-subc| | |supplement amount |supplement |lause 31A(2)] | | |for family tax |amount (B) | | | |benefit (Part B) | | | |9B |Clean energy |Clean energy |[Schedule 1-subc| | |supplement (Part |supplement (Part|lause 31B(2)-all| | |B) for family tax |B) |clean energy | | |benefit (Part B) | |supplement (Part| | | | |B) amounts] | |10 |Standard rate of |FTB standard ACO|[subsection | | |family tax benefit|rate |58(2A)] | | |payable to an | | | | |approved care | | | | |organisation | | | |10A |Clean energy |ACO clean energy|[subsection | | |supplement payable|supplement |58(2B)] | | |to an approved | | | | |care organisation | | | |11 |Basic higher |FTB basic HIFA |[Schedule 1-clau| | |income free area |(A) |se 2-table-colum| | |for family tax | |n 1] | | |benefit (Part A) | | | |12 |Additional higher |FTB additional |[Schedule 1-clau| | |income free area |HIFA (A) |se 2-table-colum| | |for family tax | |n 2] | | |benefit (Part A) | | | |13 |Income free area |FTB free area |[Schedule 1-clau| | |for family tax |(A1 and A3) |se 38N] | | |benefit (Part | | | | |A-Methods 1 and 3)| | | |14 |Income free area |FTB free area |[Schedule 1-clau| | |for family tax |(B) |se 33] | | |benefit (Part B) | | | |14A |Child income |cut-out amount |[subsections | | |cut-out amount | |22A(2) and | | | | |35(3)] | |15 |Standard basic |FTB basic MIFA |[Schedule 1-clau| | |maintenance income|(A1) |se 22-table-colu| | |free area for | |mn 2-items 1 and| | |family tax benefit| |3] | | |(Part A-Method 1) | | | |16 |Double basic |FTB double basic|[Schedule 1-clau| | |maintenance income|MIFA (A1) |se 22-table-colu| | |free area for | |mn 2-item 2] | | |family tax benefit| | | | |(Part A-Method 1) | | | |17 |Additional |FTB additional |[Schedule 1-clau| | |maintenance income|MIFA (A1) |se 22-table-colu| | |free area for | |mn 3-all | | |family tax benefit| |amounts] | | |(Part A-Method 1) | | | |17AA |Income limit for |FTB income limit|[Schedule 1-subc| | |family tax benefit|(B) |lause 28B(1)] | | |(Part B) | | | |17A |Baby bonus |baby bonus |[subsection | | | | |66(1)] | |17AAA |Income limit for |baby bonus |[paragraphs | | |baby bonus |income limit |36(2)(e), | | | | |(3)(f), (4)(d) | | | | |and (5)(e)] | |17B |Maternity |MIA |[section 67] | | |immunisation | | | | |allowance | | | |18 |Standard hourly |CCB standard |[Schedule 2-subc| | |rate of child care|hourly rate |lause | | |benefit for care | |4(1)-table-item | | |other than: | |1] | | |(a) non-standard | | | | |hours family day | | | | |care; or | | | | |(b) non-standard | | | | |hours in-home | | | | |care; or | | | | |(c) part-time | | | | |family day care; | | | | |or | | | | |(d) part-time | | | | |in-home care | | | |19 |Lower income |CCB lower income|[Schedule 2-subc| | |threshold for |threshold |lause 6(2)] | | |child care benefit| | | |20 |Upper income |CCB upper income|[Schedule 2-subc| | |threshold for |threshold |lause 6(3)] | | |child care benefit| | | |20A |Multiple child |CCB multiple |[Schedule 2-subc| | |loadings for child|child loadings |lause | | |care benefit | |11(1)-table-item| | | | |s 3 and 5-both | | | | |amounts | | | | |expressed in | | | | |dollars] | |21 |Minimum hourly |CCB minimum |[subsection | | |amount for child |hourly amount |83(1)] | | |care benefit | | | |22 |Child care rebate |CCR limit |[section 84F] | | |limit | | | Part 2-Indexation 3 CPI Indexation Table (1) An amount referred to in the following table is to be indexed under this Part on each indexation day for the amount, using the reference quarter and base quarter for the amount and indexation day and rounding off to the nearest multiple of the rounding amount: |CPI indexation | | |Column 1|Column 2 |Column 3 |Column 4 |Column 5| | | |Indexation |Reference |Base | | | |Amount |day(s) |quarter |quarter |Rounding| | | | |(most | |base | | | | |recent | | | | | | |before | | | | | | |indexation| | | | | | |day) | | | |1 |FTB |1 July |December |highest |$3.65 | | |child | | |December | | | |rate | | |quarter | | | |(A1) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |4 |FTB RA |(a) 20 March|(a) |highest |$3.65 | | |maximum | |December |June or | | | |(A1 and |(b) |(b) June |December | | | |A3) |20 September| |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than June| | | | | | |quarter | | | | | | |1979) | | |5 |FTB RA |(a) 20 March|(a) |highest |$3.65 | | |rent | |December |June or | | | |threshol|(b) |(b) June |December | | | |d (A1 |20 September| |quarter | | | |and A3) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than June| | | | | | |quarter | | | | | | |1979) | | |6 |FTB |1 July |December |highest |$3.65 | | |child | | |December | | | |rate | | |quarter | | | |(A2) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |7 |FTB LFS |1 July |December |highest |$3.65 | | |(A) | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |8 |FTB MBA |1 July |December |highest |$3.65 | | |(A) | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |8A |FTB |1 July |December |highest |$3.65 | | |gross | | |December | | | |suppleme| | |quarter | | | |nt | | |before | | | |amount | | |reference| | | |(A) | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2002) | | |8B |FTB |1 July |December |highest |$3.65 | | |clean | | |December | | | |energy | | |quarter | | | |child | | |before | | | |amount | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2012) | | |9 |FTB |1 July |December |highest |$3.65 | | |standard| | |December | | | |rate (B)| | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |9A |FTB |1 July |December |highest |$3.65 | | |gross | | |December | | | |suppleme| | |quarter | | | |nt | | |before | | | |amount | | |reference| | | |(B) | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2004) | | |9B |Clean |1 July |December |highest |$3.65 | | |energy | | |December | | | |suppleme| | |quarter | | | |nt (Part| | |before | | | |B) | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2012) | | |10 |FTB |1 July |December |highest |$3.65 | | |standard| | |December | | | |ACO rate| | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |10A |ACO |1 July |December |highest |$3.65 | | |clean | | |December | | | |energy | | |quarter | | | |suppleme| | |before | | | |nt | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2012) | | |11 |FTB |1 July |December |highest |$73.00 | | |basic | | |December | | | |HIFA (A)| | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |12 |FTB |1 July |December |highest |$73.00 | | |addition| | |December | | | |al HIFA | | |quarter | | | |(A) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |13 |FTB free|1 July |December |highest |$73.00 | | |area (A1| | |December | | | |and A3) | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2005) | | |14 |FTB free|1 July |December |highest |$73.00 | | |area (B)| | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2003) | | |14A |cut-out |1 July |December |highest |$1.00 | | |amount | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2004) | | |15 |FTB |1 July |December |highest |$10.95 | | |basic | | |December | | | |MIFA | | |quarter | | | |(A1) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |16 |FTB |1 July |December |highest |$21.90 | | |double | | |December | | | |basic | | |quarter | | | |MIFA | | |before | | | |(A1) | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |17 |FTB |1 July |December |highest |$3.65 | | |addition| | |December | | | |al MIFA | | |quarter | | | |(A1) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |17AA |FTB |1 July |December |highest |$1.00 | | |income | | |December | | | |limit | | |quarter | | | |(B) | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2007) | | |17A |baby |1 July |December |highest |$1.00 | | |bonus | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2007) | | |17AAA |baby |1 July |December |highest |$1.00 | | |bonus | | |December | | | |income | | |quarter | | | |limit | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2007) | | |17B |MIA |1 July |December |highest |$1.00 | | | | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2008) | | |18 |CCB |1 July |December |highest |$0.01 | | |standard| | |December | | | |hourly | | |quarter | | | |rate | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |19 |CCB |1 July |December |highest |$73.00 | | |lower | | |December | | | |income | | |quarter | | | |threshol| | |before | | | |d | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |20 |CCB |1 July |December |highest |$1.00 | | |upper | | |December | | | |income | | |quarter | | | |threshol| | |before | | | |d | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |20A |CCB |1 July |December |highest |$0.01 | | |multiple| | |December | | | |child | | |quarter | | | |loadings| | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |1999) | | |21 |CCB |1 July |December |highest |$0.001 | | |minimum | | |December | | | |hourly | | |quarter | | | |amount | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2007) | | |22 |CCR |1 July |December |highest |$1.00 | | |limit | | |December | | | | | | |quarter | | | | | | |before | | | | | | |reference| | | | | | |quarter | | | | | | |(but not | | | | | | |earlier | | | | | | |than | | | | | | |December | | | | | | |quarter | | | | | | |2007) | | Highest quarter (2) A reference in the table in subclause (1) to the highest of a group of quarters is a reference to the quarter in that group that has the highest index number. Indexation of FTB gross supplement amount (B) for 2006-2007 income year and later income years (3) The first indexation under subclause (1) of the FTB gross supplement amount (B), after the indexation of that amount under clause 3A, is to take place on 1 July 2006. Indexation of cut-out amount for 2006-2007 income year and later income years (4) The first indexation under subclause (1) of the cut-out amount is to take place on 1 July 2006. No indexation of CCB standard hourly rate and CCB minimum hourly rate on 1 July 2007 (5) The CCB standard hourly rate and the CCB minimum hourly rate are not to be indexed on 1 July 2007. First indexation of CCB minimum hourly amount (5A) The first indexation of the CCB minimum hourly amount is to take place on 1 July 2009. First indexation of CCR limit (6) The first indexation of the CCR limit is to take place on 1 July 2009. No indexation of CCR limit on 1 July 2011, 1 July 2012 and 1 July 2013 (6A) The indexation of the CCR limit that occurred on 1 July 2011 has no effect. (6B) The CCR limit is not to be indexed on 1 July 2012 and 1 July 2013. Note: Indexation of the CCR limit resumes on 1 July 2014. No indexation of certain amounts on 1 July 2009, 1 July 2010, 1 July 2011, 1 July 2012 and 1 July 2013 (7) The FTB basic HIFA (A), the FTB additional HIFA (A), the FTB income limit (B) and the baby bonus income limit are not to be indexed on 1 July 2009, 1 July 2010, 1 July 2011, 1 July 2012 and 1 July 2013. No indexation of FTB gross supplement amount (A) and (B) on 1 July 2011, 1 July 2012 and 1 July 2013 (8) The FTB gross supplement amount (A) and the FTB gross supplement amount (B) are not to be indexed on 1 July 2011, 1 July 2012 and 1 July 2013. 3A One-off 6-month indexation of FTB gross supplement amount (B) for 2005- 2006 income year The FTB gross supplement amount (B) is to be indexed under this Part on the indexation day, using the reference quarter, base quarter and indexation day and rounding off to the nearest multiple of the rounding base, where: base quarter means June quarter 2004. indexation day means 1 July 2005. reference quarter means December quarter 2004. rounding base means $3.65. 4 Indexation of amounts (1) If an amount is to be indexed under this Part on an indexation day, this Act has effect as if the indexed amount were substituted for that amount on that day. (2) This is how to work out the indexed amount for an amount that is to be indexed under this Part on an indexation day: Method statement Step 1. Use clause 5 to work out the indexation factor for the amount on the indexation day. Step 2. Work out the current figure for the amount immediately before the indexation day. Step 3. Multiply the current figure by the indexation factor: the result is the provisional indexed amount. Step 4 . Use clause 6 to round off the provisional indexed amount: the result is the indexed amount. 5 Indexation factor (1) Subject to subclauses (2) and (3) and clauses 10 and 11, the indexation factor for an amount that is to be indexed under this Part on an indexation day is: [pic] worked out to 3 decimal places. (2) If an indexation factor worked out under subclause (1) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the indexation factor is to be increased by 0.001. (3) If an indexation factor worked out under subclauses (1) and (2) would be less than 1, the indexation factor is to be increased to 1. (4) Subject to subclause (5), if at any time (whether before or after the commencement of this clause), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this clause. (5) If at any time (whether before or after the commencement of this clause) the Australian Statistician changes the reference base for the Consumer Price Index, regard is to be had, for the purposes of applying this clause after the change takes place, only to index numbers published in terms of the new reference base. 6 Rounding off indexed amounts (1) If a provisional indexed amount is a multiple of the rounding base, the provisional indexed amount becomes the indexed amount. (2) If a provisional indexed amount is not a multiple of the rounding base, the indexed amount is the provisional indexed amount rounded up or down to the nearest multiple of the rounding base. (3) If a provisional indexed amount is not a multiple of the rounding base but is a multiple of half the rounding base, the indexed amount is the provisional indexed amount rounded up to the nearest multiple of the rounding base. Part 4-Transitional indexation provisions 9 Adjustment of amounts following 10% increase to maximum rent assistance amounts (1) This clause applies to modify the way an amount specified in column 3 of the table in clause 14 or 14A of Schedule 1 (the maximum rent assistance amount) is indexed under Part 2 of this Schedule for a limited period after 19 March 2001. Method statement Step 1. Work out the current figure for the maximum rent assistance amount on 19 March 2001. Step 2. Multiply the current figure by 0.02. The result is the provisional overall adjustment amount. Step 3. Round off the provisional overall adjustment amount in accordance with subclauses (2) to (4). The result is the overall adjustment amount. Step 4. For the first indexation day for the maximum rent assistance amount that occurs after 19 March 2001, subtract the current figure for the amount from the indexed amount (arrived at using the method statement in subclause 4(2)). The result (which could be zero) is the first indexation increase amount. Step 5. Compare the overall adjustment amount with the first indexation increase amount. If the overall adjustment amount is equal to or less than the first indexation increase amount, go to step 6. If the overall adjustment amount is greater than the first indexation increase amount, go to step 7. Step 6. Subtract the overall adjustment amount from the indexed amount referred to in step 4. The result is taken to be the indexed amount for the purposes of step 4 of the method statement in subclause 4(2) and this clause has no further application in relation to the maximum rent assistance amount. Step 7. The indexed amount for the purposes of step 4 of the method statement in subclause 4(2) is taken to be equal to the current figure worked out under step 2 of that method statement. Go to step 8. Step 8. For the second indexation day for the maximum rent assistance amount that occurs after 19 March 2001, subtract the first indexation increase amount from the overall adjustment amount. The result is the remaining adjustment amount. Step 9. Subtract the current figure for the maximum rent assistance amount from the indexed amount (arrived at using the method statement in subclause 4(2)). The result (which could be zero) is the second indexation increase amount. Step 10. Compare the remaining adjustment amount with the second indexation increase amount. If the remaining adjustment amount is equal to or less than the second indexation increase amount, go to step 11. If the remaining adjustment amount is greater than the second indexation increase amount, go to step 12. Step 11. Subtract the remaining adjustment amount from the indexed amount. The result is taken to be the indexed amount for the purposes of step 4 of the method statement in subclause 4(2) and this clause has no further application in relation to the maximum rent assistance amount. Step 12. The indexed amount for the purposes of step 4 of the method statement in subclause 4(2) is taken to be equal to the current figure worked out under step 2 of that method statement. Go to step 13. Step 13. Repeat the method set out in steps 8 to 12 in relation to the third indexation day and to subsequent indexation days until the remaining adjustment amount is zero. Rounding of provisional overall adjustment amounts (2) If a provisional overall adjustment amount is a multiple of the rounding base for the maximum rent assistance amount (see column 5 of item 4 of the CPI Indexation Table in subclause 3(1)), the provisional overall adjustment amount is the overall adjustment amount. (3) If a provisional overall adjustment amount is not a multiple of the rounding base, the overall adjustment amount is the provisional overall adjustment amount rounded up or down to the nearest multiple of the rounding base. (4) If a provisional overall adjustment amount is not a multiple of the rounding base, but is a multiple of half the rounding base, the overall adjustment amount is the provisional overall adjustment amount rounded up to the nearest multiple of the rounding base. 10 Adjustment of indexation factor for certain amounts on and after 1 July 2013 (1) This clause applies to the following amounts: (a) FTB child rate (A1); (b) FTB child rate (A2); (c) FTB standard rate (B); (d) FTB standard ACO rate. (2) For each amount to which this clause applies, the indexation factor, worked out under clause 5 for each indexation day that is on or after 1 July 2013, is to be reduced by the brought forward indexation amount, but not below 1. (3) In this clause: brought forward indexation amount, in relation to an indexation day, means 0.007 less any reduction made under this clause for a previous indexation day. Note: Once the brought forward indexation amount becomes zero, there will be no further reduction of the indexation factor. Example: Assume that the indexation factor worked out under clause 5 on 1 July 2013 is 1.004. The brought forward indexation amount in relation to 1 July 2013 is 0.007 (as there has been no previous reduction). That indexation factor is reduced to 1 on 1 July 2013. Further assume that on 1 July 2014 the indexation factor is 1.010. The brought forward indexation amount in relation to 1 July 2014 is 0.003. That indexation factor is reduced to 1.007 on 1 July 2014. The brought forward indexation amount in relation to later indexation days is now zero so there is no further reduction of the indexation factor. 11 Adjustment of indexation factor for certain amounts on and after 1 July 2014 (1) This clause applies to the following amounts: (a) FTB gross supplement amount (A); (b) FTB gross supplement amount (B). (2) For each amount to which this clause applies, the indexation factor, worked out under clause 5 for each indexation day (a reduction day) that is on or after 1 July 2014, is to be reduced by the brought forward indexation amount, but not below 1. (3) In this clause: brought forward indexation amount, in relation to a reduction day, means 0.007 less: (a) any reduction made under subclause 10(2) on 1 July 2013; and (b) any reduction made under this clause for a previous reduction day. Note: Once the brought forward indexation amount becomes zero, there will be no further reduction of the indexation factor. Example: Assume that the indexation factor worked out under clause 5 on 1 July 2014 is 1.010 and that there was a reduction of 0.004 under subclause 10(2) on 1 July 2013. The brought forward indexation amount in relation to 1 July 2014 is 0.003. The indexation factor worked out under clause 5 on 1 July 2014 is reduced to 1.007. The brought forward indexation amount in relation to later reduction days is now zero so there is no further reduction of the indexation factor. Notes to the A New Tax System (Family Assistance) Act 1999 Note 1 The A New Tax System (Family Assistance) Act 1999 as shown in this compilation comprises Act No. 80, 1999 amended as indicated in the Tables below. For application, saving or transitional provisions made by the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010, see Act No. 65, 2010. For all other relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts |Act |Number |Date |Date of |Applica| | |and year|of Assent|commencement|tion, | | | | | |saving | | | | | |or | | | | | |transit| | | | | |ional | | | | | |provisi| | | | | |ons | |A New Tax System|80, 1999|8 July |1 July 2000 | | |(Family | |1999 | | | |Assistance) Act | | | | | |1999 | | | | | |A New Tax System|68, 1999|8 July |Schedule 4: |- | |(Compensation | |1999 |(a) | | |Measures | | | | | |Legislation | | | | | |Amendment) Act | | | | | |1999 | | | | | |as amended by | | | | | |Compensation |93, 2000|30 June |Schedule 1 |- | |Measures | |2000 |(item 5): | | |Legislation | | |(aa) | | |Amendment (Rent | | | | | |Assistance | | | | | |Increase) Act | | | | | |2000 | | | | | |A New Tax System|83, 1999|8 July |Schedule 2: |- | |(Family | |1999 |(b) | | |Assistance) | | | | | |(Consequential | | | | | |and Related | | | | | |Measures) Act | | | | | |(No. 2) 1999 | | | | | |A New Tax System|45, 2000|3 May |Schedule 1: |Sch. 5 | |(Family | |2000 |(c) |and | |Assistance and | | |Schedules 5 |Sch. 6 | |Related | | |and 6: (c) | | |Measures) Act | | | | | |2000 | | | | | |Social Security |94, 2000|30 June |Schedule 8: |- | |and Veterans' | |2000 |20 Sept 2000| | |Entitlements | | |(d) | | |Legislation | | | | | |Amendment | | | | | |(Miscellaneous | | | | | |Matters) Act | | | | | |2000 | | | | | |Family and |138, |24 Nov |Schedule 2 |- | |Community |2000 |2000 |(items 1-6):| | |Services (2000 | | |1 Jan 2001 | | |Budget and | | |(e) | | |Related | | | | | |Measures) Act | | | | | |2000 | | | | | |Family Law |143, |29 Nov |Schedule 3 |- | |Amendment Act |2000 |2000 |(items 1A-1D| | |2000 | | |): 27 Dec | | | | | |2000 (f) | | |Family and |18, 2001|30 Mar |Schedule 2 |- | |Community | |2001 |(items 1-12)| | |Services | | |: Royal | | |Legislation | | |Assent (g) | | |Amendment (New | | | | | |Zealand | | | | | |Citizens) Act | | | | | |2001 | | | | | |Child Support |75, 2001|30 June |Schedule 1A |- | |Legislation | |2001 |(items 18-21| | |Amendment Act | | |): 1 Dec | | |2001 | | |2001 (h) | | | | | |Schedule 4: | | | | | |1 July 2001 | | | | | |(h) | | |Family and |30, 2003|15 Apr |S. 4 and |S. 4 | |Community | |2003 |Schedule 2 | | |Services | | |(items 1-13)| | |Legislation | | |: Royal | | |Amendment Act | | |Assent | | |2003 | | |Schedule 2 | | | | | |(items 52-71| | | | | |): (i) | | | | | |Schedule 2 | | | | | |(items 73-82| | | | | |) and | | | | | |Schedule 2A:| | | | | |1 July 2000 | | |Family and |35, 2003|24 Apr |Schedules 1,|S. 4 | |Community | |2003 |1A, 2, 4, 5 |(rep. | |Services | | |and 6: 20 |by 154,| |Legislation | | |Sept 2003 |2005, | |Amendment | | |Schedule 3: |Sch. 23| |(Australians | | |22 May 2003 |[item 6| |Working Together| | |Remainder: |]) | |and other 2001 | | |Royal Assent| | |Budget Measures)| | | | | |Act 2003 | | | | | |as amended by | | | | | |Family and |122, |5 Dec |Schedule 7 |- | |Community |2003 |2003 |(item 2): | | |Services and | | |(j) | | |Veterans' | | | | | |Affairs | | | | | |Legislation | | | | | |Amendment (2003 | | | | | |Budget and Other| | | | | |Measures) Act | | | | | |2003 | | | | | |Employment and |154, |14 Dec |Schedule 23 |- | |Workplace |2005 |2005 |(item 6): | | |Relations | | |Royal Assent| | |Legislation | | | | | |Amendment | | | | | |(Welfare to Work| | | | | |and Other | | | | | |Measures) Act | | | | | |2005 | | | | | |Family and |122, |5 Dec |Schedule 6 |Sch. 6 | |Community |2003 |2003 |(items 1-6):|(item 6| |Services and | | |1 July 2004 |) | |Veterans' | | | | | |Affairs | | | | | |Legislation | | | | | |Amendment (2003 | | | | | |Budget and Other| | | | | |Measures) Act | | | | | |2003 | | | | | |Military |52, 2004|27 Apr |Schedule 3 |- | |Rehabilitation | |2004 |(item 8): | | |and Compensation| | |1 July 2004 | | |(Consequential | | |(see s. 2) | | |and Transitional| | | | | |Provisions) Act | | | | | |2004 | | | | | |Family |59, 2004|26 May |Schedule 1 |Sch. 1 | |Assistance | |2004 |(items 1-8, |(item 1| |Legislation | | |11), |1), | |Amendment (More | | |Schedule 2 |Sch. 2 | |Help for | | |(items 1-11,|(items | |Families-Increas| | | |3, 8, | |ed Payments) Act| | |43-48), |44, 46,| |2004 | | |Schedules 3 |48, 50,| | | | |and 4: |52), | | | | |1 July 2004 |Sch. 3 | | | | |Schedule 2 |(item 3| | | | |(items 49, |) and | | | | |50): 1 July |Sch. 4 | | | | |2006 (see |(items | | | | |Gazette |3, 4) | | | | |2007, | | | | | |No. S33) | | | | | |Schedule 2 | | | | | |(items 51, | | | | | |52): 1 July | | | | | |2008 | | | | | |Schedule 2 | | | | | |(items 53, | | | | | |54): (k) | | |Family |60, 2004|26 May |26 May 2004 |Sch. 3 | |Assistance | |2004 | |(item 1| |Legislation | | | |(am. by| |Amendment (More | | | |108, | |Help for | | | |2006, | |Families-One-off| | | |Sch. 8 | |Payments) Act | | | |[items | |2004 | | | |94, | | | | | |95]) | |as amended by | | | | | |Social Security |108, |27 Sept |Schedule 8 |- | |and Family |2006 |2006 |(items 94, | | |Assistance | | |95): Royal | | |Legislation | | |Assent | | |Amendment | | | | | |(Miscellaneous | | | | | |Measures) Act | | | | | |2006 | | | | | |Veterans' |100, |30 June |Schedule 2 |Sch. 2 | |Entitlements |2004 |2004 |(items 29, |(item | |(Clarke Review) | | |30, 43(2)): |43(2)) | |Act 2004 | | |20 Sept 2004| | |Family and |132, |8 Dec |Schedule 4 |Sch. 4 | |Community |2004 |2004 |(items 1-13,|(item 4| |Services and | | |44): 1 Jan |4) | |Veterans' | | |2005 | | |Affairs | | | | | |Legislation | | | | | |Amendment (2004 | | | | | |Election | | | | | |Commitments) Act| | | | | |2004 | | | | | |Family |11, 2005|22 Feb |Schedule 1: |Sch. 1 | |Assistance | |2005 |(l) |(item 4| |Legislation | | |Remainder: |) | |Amendment | | |Royal Assent| | |(Adjustment of | | | | | |Certain FTB | | | | | |Child Rates) Act| | | | | |2005 | | | | | |Family and |29, 2005|21 Mar |Schedule 1: |Sch. 1 | |Community | |2005 |1 Jan 2005 |(item 1| |Services and | | |Schedule 2: |0) and | |Veterans' | | |1 July 2005 |Sch. 2 | |Affairs | | |Remainder: |(item 6| |Legislation | | |Royal Assent|) | |Amendment | | | | | |(Further 2004 | | | | | |Election | | | | | |Commitments and | | | | | |Other Measures) | | | | | |Act 2005 | | | | | |Family and |61, 2005|26 June |Schedule 1 |Sch. 1 | |Community | |2005 |(items 1-9, |(item 1| |Services | | |12), |2), | |Legislation | | |Schedule 2 |Sch. 2 | |Amendment | | |(items 1, 2,|(items | |(Family | | |4-6), | | |Assistance and | | |Schedule 3 |4-7), | |Related | | |(items 2, 3)|Sch. 3 | |Measures) Act | | |and |(item 3| |2005 | | |Schedule 4 |) and | | | | |(items 1-5, |Sch. 4 | | | | |26): 1 July |(item 2| | | | |2005 |6) | | | | |Schedule 2 | | | | | |(item 7) | | | | | |and, | | | | | |Schedule 3 | | | | | |(item 1): | | | | | |Royal Assent| | | | | | | | | | | |Schedule 3 | | | | | |(item 4): 1 | | | | | |Jan 2005 | | |Statute Law |100, |6 July |Schedule 1 |- | |Revision Act |2005 |2005 |(item 6): | | |2005 | | |Royal Assent| | |Family and |150, |14 Dec |Schedule 1 |- | |Community |2005 |2005 |(items 1-8) | | |Services | | |and | | |Legislation | | |Schedule 2 | | |Amendment | | |(items 1-14)| | |(Welfare to | | |: Royal | | |Work) Act 2005 | | |Assent | | |Family |36, 2006|3 May |Schedule 1: |Sch. 3 | |Assistance, | |2006 |(m) |(item 3| |Social Security | | |Schedule 3: |) and | |and Veterans' | | |1 July 2005 |Sch. 7 | |Affairs | | |Schedule 7 |(item 7| |Legislation | | |(items 1, |) | |Amendment (2005 | | |7): 4 May |Sch. 1 | |Budget and Other| | |2006 |(items | |Measures) Act | | | |3, 4) | |2006 | | | |(rep. | | | | | |by 82, | | | | | |2006, | | | | | |Sch. 1 | | | | | |[item 5| | | | | |]) | |as amended by | | | | | |Families, |82, 2006|30 June |Schedule 1 |- | |Community | |2006 |(item 5): | | |Services and | | |Royal Assent| | |Indigenous | | | | | |Affairs and | | | | | |Other | | | | | |Legislation | | | | | |(2006 Budget and| | | | | |Other Measures) | | | | | |Act 2006 | | | | | |Family Law |46, 2006|22 May |Schedule 9 |- | |Amendment | |2006 |(item 1): | | |(Shared Parental| | |1 July 2006 | | |Responsibility) | | | | | |Act 2006 | | | | | |as amended by | | | | | |Statute Law |8, 2007 |15 Mar |Schedule 2 |- | |Revision Act | |2007 |(item 9): | | |2007 | | |(ma) | | |Employment and |64, 2006|22 June |Schedule 14 |- | |Workplace | |2006 |(items 1-3):| | |Relations | | |1 July 2006 | | |Legislation | | | | | |Amendment | | | | | |(Welfare to Work| | | | | |and Other | | | | | |Measures) | | | | | |(Consequential | | | | | |Amendments) Act | | | | | |2006 | | | | | |Families, |82, 2006|30 June |Schedule 1 |Sch. 1 | |Community | |2006 |(items 1-4),|(items | |Services and | | |Schedules 2,|3, 4), | |Indigenous | | |5 and 9: |Sch. 5 | |Affairs and | | |1 July 2006 |(items | |Other | | |Schedule 12 |9, 10) | |Legislation | | |(items 1, |and | |(2006 Budget and| | |2): (n) |Sch. 9 | |Other Measures) | | | |(item 8| |Act 2006 | | | |) | |Social Security |108, |27 Sept |Schedule 1 |Sch 1 | |and Family |2006 |2006 |and |(item 9| |Assistance | | |Schedule 8 |) | |Legislation | | |(items 1-39)| | |Amendment | | |: Royal | | |(Miscellaneous | | |Assent | | |Measures) Act | | | | | |2006 | | | | | |Child Support |146, |6 Dec |Schedule 2 |Sch. 2 | |Legislation |2006 |2006 |(items 1, 2,|(item 1| |Amendment | | |116) and |16), | |(Reform of the | | |Schedule 8 |Sch. 5 | |Child Support | | |(items 1-5, |(items | |Scheme-New | | |7-13, 15-19,|74(1), | |Formula and | | |21-91, 145, |74(3)-(| |Other Measures) | | |146, |5), | |Act 2006 | | |147(1)-(3), |75(1)-(| | | | |148-157): |5), 76)| | | | |1 July 2008 |and | | | | |Schedule 5 |Sch. 8 | | | | |(items 73, |(items | | | | |74(1)-(5), |145, | | | | |75(1)-(5), |146, | | | | |76) and |147(1)-| | | | |Schedule 8 |(3), | | | | |(items 6, |157) | | | | |14, 20): |Sch. 5 | | | | |Royal Assent|(item 7| | | | | |3) (rs.| | | | |Schedule 5 |by 63, | | | | |(item 30): |2008, | | | | |(o) |Sch. 6 | | | | |Schedule 5 |[item 1| | | | |(items 59-63|6]) | | | | |): (o) |Sch. 5 | | | | | |(item 7| | | | | |3A) | | | | | |(ad. by| | | | | |63, | | | | | |2008, | | | | | |Sch. 6 | | | | | |[item 1| | | | | |6]) | | | | | |Sch. 5 | | | | | |(item | | | | | |74(2)) | | | | | |(am. by| | | | | |63, | | | | | |2008, | | | | | |Sch. 6 | | | | | |[item 1| | | | | |7]) | |as amended by | | | | | |Families, |63, 2008|30 June |Schedule 6 |- | |Housing, | |2008 |(items 16, | | |Community | | |17): (r) | | |Services and | | | | | |Indigenous | | | | | |Affairs and | | | | | |Other | | | | | |Legislation | | | | | |Amendment (2008 | | | | | |Budget and Other| | | | | |Measures) Act | | | | | |2008 | | | | | |Families, |82, 2007|21 June |Schedule 1 |Sch. 5 | |Community | |2007 |(item 102): |(items | |Services and | | |(p) |6, 8, | |Indigenous | | |Schedule 5 |14, | |Affairs | | |(items 1-4, |22), | |Legislation | | |23): (p) |Sch. 6 | |Amendment (Child| | |Schedule 5 |(items | |Support Reform | | |(items 5-14)|7, 10, | |Consolidation | | |: (p) |37) and| |and Other | | |Schedule 5 |Sch. 7 | |Measures) Act | | |(items 15-22|(item 2| |2007 | | |), |) | | | | |Schedule 6 | | | | | |(items 1, | | | | | |7-24, 37) | | | | | |and | | | | | |Schedule 7 | | | | | |(items 1, | | | | | |2): 1 July | | | | | |2007 | | | | | |Schedule 7 | | | | | |(item 3): | | | | | |(p) | | |Families, |113, |28 June |Schedule 1 |Sch. 1 | |Community |2007 |2007 |(items 1-11,|(items | |Services and | | |23, 24): |23, 24)| |Indigenous | | |1 July 2007 | | |Affairs | | | | | |Legislation | | | | | |Amendment (Child| | | | | |Care and Other | | | | | |2007 Budget | | | | | |Measures) Act | | | | | |2007 | | | | | |Family |118, |28 June |Schedule 1: |Sch. 1 | |Assistance |2007 |2007 |(q) |(items | |Legislation | | |Schedule 2: |91, 92,| |Amendment (Child| | |1 July 2007 |94-96, | |Care Management | | |Schedule 3: |97, | |System and Other| | |29 June 2007|98-101)| |Measures) Act | | | | | |2007 | | |Remainder: |Sch. 1 | | | | |Royal Assent|(item 9| | | | | |3) (am.| | | | | |by 34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[item 1| | | | | |]) | | | | | |Sch. 1 | | | | | |(item 9| | | | | |6A) | | | | | |(ad. by| | | | | |34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[item 2| | | | | |]; am. | | | | | |by 34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[item 4| | | | | |]) | | | | | |Sch. 1 | | | | | |(item 9| | | | | |7B) | | | | | |(ad. by| | | | | |34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[item 3| | | | | |]; am. | | | | | |by 34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[item 5| | | | | |] [as | | | | | |am. by | | | | | |79, | | | | | |2011, | | | | | |Sch. 1 | | | | | |[item 3| | | | | |5]]; | | | | | |am. by | | | | | |34, | | | | | |2010, | | | | | |Sch. 5 | | | | | |[items | | | | | |6, 7]) | | | | | |Sch. 1 | | | | | |(item 9| | | | | |7C) | | | | | |(ad. by| | | | | |34, | | | | | |2010, | | | | | |Sch. 1 | | | | | |[item 2| | | | | |9]; am.| | | | | |by 25, | | | | | |2011, | | | | | |Sch. 2 | | | | | |[item 1| | | | | |5]; am.| | | | | |by 79, | | | | | |2011, | | | | | |Sch. 1 | | | | | |[item 3| | | | | |3]) | |Family | | | |Sch. 1 | |Assistance | | | |(item 1| |Legislation | | | |02) | |Amendment (Child| | | |(ad. by| |Care Management | | | |34, | |System and Other| | | |2010, | |Measures) Act | | | |Sch. 6 | |2007-continued | | | |[item 1| | | | | |]) | |as amended by | | | | | |Family |34, 2010|13 Apr |Schedule 1 |Sch. 5 | |Assistance | |2010 |(item 29) |(item 8| |Legislation | | |and |) and | |Amendment (Child| | |Schedule 5 |Sch. 6 | |Care) Act 2010 | | |(item 8): |(item 2| | | | |Royal Assent|) | | | | | | | | | | |Schedule 5 | | | | | |(items 1-3):| | | | | |29 June 2007| | | | | | | | | | | |Schedule 5 | | | | | |(items 4-7):| | | | | |16 May 2009 | | | | | |Schedule 6: | | | | | |14 Apr 2010 | | |as amended by | | | | | |Family |79, 2011|25 July |Schedule 1 |- | |Assistance and | |2011 |(item 35): | | |Other | | |(qaa) | | |Legislation | | | | | |Amendment (Child| | | | | |Care and Other | | | | | |Measures) Act | | | | | |2011 | | | | | |Family |25, 2011|21 Apr |Schedule 2 |S. 2(1)| |Assistance | |2011 |(item 15): |(item 2| |Legislation | | |(qa) |8) (rs.| |Amendment (Child| | |Schedule 3 |by 91, | |Care Rebate) Act| | |(item 9): |2011, | |2011 | | |(qa) |Sch. 2 | | | | | |[item 2| | | | | |]) | | | | | |S. 2(1)| | | | | |(items | | | | | | | | | | | |29-32) | | | | | |(ad. by| | | | | |91, | | | | | |2011, | | | | | |Sch. 2 | | | | | |[item 2| | | | | |]) | |as amended by | | | | | |Social Security |91, 2011|4 Aug |Schedule 2 |- | |and Other | |2011 |(item 2): | | |Legislation | | |(qb) | | |Amendment | | | | | |(Miscellaneous | | | | | |Measures) Act | | | | | |2011 | | | | | |Family |79, 2011|25 July |Schedule 1 |- | |Assistance and | |2011 |(item 33): | | |Other | | |26 July 2011| | |Legislation | | | | | |Amendment (Child| | | | | |Care and Other | | | | | |Measures) Act | | | | | |2011 | | | | | |Social Security |130, |17 Aug |18 Aug 2007 |- | |and Other |2007 |2007 | | | |Legislation | | | | | |Amendment | | | | | |(Welfare Payment| | | | | |Reform) Act 2007| | | | | |Families, |183, |28 Sept |1 Jan 2008 |Sch. 5 | |Community |2007 |2007 | |(item 5| |Services and | | | |) | |Indigenous | | | | | |Affairs | | | | | |Legislation | | | | | |Amendment | | | | | |(Further 2007 | | | | | |Budget Measures)| | | | | |Act 2007 | | | | | |Family |53, 2008|25 June |Schedule 1 |Sch. 1 | |Assistance | |2008 |(items 1-13,|(item 6| |Legislation | | |63): 7 July |3), | |Amendment (Child| | |2008 |Sch. 2 | |Care Budget and | | |Schedule 2 |(items | |Other Measures) | | |(items 1-12,|5, | |Act 2008 | | | |32-35, | | | | |32-40) and |36(1), | | | | |Schedule 5 | | | | | |(item 5): |37-40) | | | | |1 July 2008 |and | | | | |Schedule 5 |Sch. 5 | | | | |(items 1-4, |(items | | | | |27, 28): |27, 28)| | | | |Royal Assent| | | | | | |Sch. 2 | | | | | |(item | | | | | |36(2)) | | | | | |(am. by| | | | | |50, | | | | | |2009, | | | | | |Sch. 1 | | | | | |[items | | | | | |15, | | | | | |39]) | |as amended by | | | | | |Family |50, 2009|24 June |Schedule 1 |- | |Assistance | |2009 |(items 15, | | |Legislation | | |39): Royal | | |Amendment (Child| | |Assent | | |Care) Act 2009 | | | | | |Families, |63, 2008|30 June |S. 4 and |S. 4, | |Housing, | |2008 |Schedule 6 |Sch. 1 | |Community | | |(item 6): |(item 7| |Services and | | |Royal Assent|), Sch.| |Indigenous | | | |2 | |Affairs and | | |Schedule 1 |(items | |Other | | |(items 1-7) |22, 36,| |Legislation | | |and |44) and| |Amendment (2008 | | |Schedule 2 |Sch. 6 | |Budget and Other| | |(items 35, |(item 9| |Measures) Act | | |36): 1 July |C) | |2008 | | |2008 | | | | | |Schedule 2 | | | | | |(items 1-15,| | | | | | | | | | | |22, 23, | | | | | |37-42, 44): | | | | | |1 Jan 2009 | | | | | |Schedule 6 | | | | | |(items 1-5, | | | | | |7-9, 9A-9C):| | | | | |(r) | | |Family Law |115, |21 Nov |Schedule 2 |- | |Amendment (De |2008 |2008 |(items 1-3):| | |Facto Financial | | |1 Mar 2009 | | |Matters and | | | | | |Other Measures) | | | | | |Act 2008 | | | | | |Social Security |131, |1 Dec |Schedule 3 |Sch. 4 | |and Other |2008 |2008 |(items 1-4) | | |Legislation | | |and | | |Amendment | | |Schedule 4: | | |(Economic | | |Royal Assent| | |Security | | | | | |Strategy) Act | | | | | |2008 | | | | | |Families, |143, |9 Dec |Schedule 1 |Sch. 1 | |Housing, |2008 |2008 |(items 1, 2,|(items | |Community | | |4-9, 12, 13,|12, 13,| |Services and | | |14(1), (2)):|14(1), | |Indigenous | | |1 Jan 2009 |(2)) | |Affairs and | | |Schedule 1 | | |Other | | |(item 3): | | |Legislation | | |(s) | | |Amendment | | | | | |(Further 2008 | | | | | |Budget and Other| | | | | |Measures) Act | | | | | |2008 | | | | | |Same-Sex |144, |9 Dec |Schedule 6 |- | |Relationships |2008 |2008 |(items 11, | | |(Equal Treatment| | |12, | | |in Commonwealth | | |17-20): | | |Laws-General Law| | |1 July 2009 | | |Reform) Act 2008| | | | | |Social Security |149, |11 Dec |Schedule 1 |Sch. 2 | |and Veterans' |2008 |2008 |(items 1, 2,|(item 3| |Entitlements | | |34): Royal |4) | |Legislation | | |Assent | | |Amendment | | | | | |(Schooling | | | | | |Requirements) | | | | | |Act 2008 | | | | | |Household |4, 2009 |18 Feb |Schedule 3 |Sch. 4 | |Stimulus Package| |2009 |(items 1-3) | | |Act (No. 2) 2009| | |and | | | | | |Schedule 4: | | | | | |Royal Assent| | |Tax Laws |27, 2009|26 Mar |Schedule 3 |Sch. 3 | |Amendment (2009 | |2009 |(items 19-21|(item | |Measures No. 1) | | |, 102(1), |102(1),| |Act 2009 | | |(2)(a)): |(2)(a))| | | | |27 Mar 2009 | | |Social Security |35, 2009|27 May |Schedule 2: |- | |and Family | |2009 |30 June 2009| | |Assistance | | | | | |Legislation | | | | | |Amendment (2009 | | | | | |Budget Measures)| | | | | |Act 2009 | | | | | |Family |48, 2009|24 June |Schedule 1 |Sch. 1 | |Assistance and | |2009 |(items 1, |(item 1| |Other | | |13): 1 July |3) | |Legislation | | |2009 | | |Amendment (2008 | | | | | |Budget and Other| | | | | |Measures) Act | | | | | |2009 | | | | | |Family |50, 2009|24 June |Schedule 1 |Sch. 1 | |Assistance | |2009 |(items 1-10,|(items | |Legislation | | | |42, | |Amendment (Child| | |15-22, 42, |43), | |Care) Act 2009 | | |43), |Sch. 2 | | | | |Schedule 2 |(items | | | | |(items 1-10,| | | | | | |20-22) | | | | |20-22) and |and | | | | |Schedule 5 |Sch. 5 | | | | |(items 1, |(item 3| | | | |3): Royal |) | | | | |Assent | | |Social Security |60, 2009|29 June |Schedule 14 |- | |and Other | |2009 |(items 1, 2,| | |Legislation | | |4, 5): | | |Amendment | | |30 June 2009| | |(Pension Reform | | | | | |and Other 2009 | | |Schedule 14 | | |Budget Measures)| | |(item 3): | | |Act 2009 | | |3 July 2009 | | |Family |129, |10 Dec |Schedule 1 |Sch. 1 | |Assistance |2009 |2009 |(items 1-10,|(items | |Legislation | | |13, 14): 1 |13, 14)| |Amendment | | |Jan 2010 |(am. by| |(Participation | | | |45, | |Requirement) Act| | | |2010, | |2009 | | | |Sch. 3)| |as amended by | | | | | |Social Security |45, 2010|14 Apr |Schedule 3: |- | |and Family | |2010 |(see 45, | | |Assistance | | |2010 below) | | |Legislation | | | | | |Amendment | | | | | |(Weekly | | | | | |Payments) Act | | | | | |2010 | | | | | |Families, |38, 2010|13 Apr |Schedule 7 |- | |Housing, | |2010 |(items 1-7):| | |Community | | |14 Apr 2010 | | |Services and | | | | | |Indigenous | | | | | |Affairs and | | | | | |Other | | | | | |Legislation | | | | | |Amendment (2009 | | | | | |Measures) Act | | | | | |2010 | | | | | |Social Security |45, 2010|14 Apr |Schedule 1 |Sch. 1 | |and Family | |2010 |(items 6-8):|(items | |Assistance | | |Royal Assent|7, 8) | |Legislation | | | | | |Amendment | | |Schedule 3: | | |(Weekly | | |(t) | | |Payments) Act | | | | | |2010 | | | | | |Child Support |65, 2010|28 June |Schedule 2 |Sch. 2 | |and Family | |2010 |(items 1-21,|(items | |Assistance | | | |100-112| |Legislation | | |100-112) and|) [see | |Amendment | | |Schedule 4 |Note 1]| |(Budget and | | |(item 1): | | |Other Measures) | | |1 July 2010 | | |Act 2010 | | | | | |Paid Parental |105, |14 July |Schedule 1 |Sch. 2 | |Leave |2010 |2010 |(items 1, 2)|(items | |(Consequential | | |and | | |Amendments) Act | | |Schedule 2 |1-4) | |2010 | | |(items 1-4):| | | | | |1 Oct 2010 | | | | | |(see s. | | | | | |2(1)) | | | | | |Schedule 1 | | | | | |(items 3-18)| | | | | |: 1 Jan 2011| | |Family |25, 2011|21 Apr |Schedule 1 |Sch. 1 | |Assistance | |2011 |(items 1-8, |(items | |Legislation | | |77, 78): |77, 78)| |Amendment (Child| | |22 Apr 2011 | | |Care Rebate) Act| | | | | |2011 | | | | | |Families, |34, 2011|26 May |Schedule 5 |Sch. 5 | |Housing, | |2011 |(items 1-15,|(item 1| |Community | | |17): Royal |7) | |Services and | | |Assent | | |Indigenous | | | | | |Affairs and | | | | | |Other | | | | | |Legislation | | | | | |Amendment | | | | | |(Budget and | | | | | |Other Measures) | | | | | |Act 2011 | | | | | |Families, |50, 2011|27 June |Schedule 2 |Sch. 2 | |Housing, | |2011 |(items 1-3, |(item | |Community | | |5-12, |17(1)-(| |Services and | | |17(1)-(4)): |4)) | |Indigenous | | |1 Jan 2012 | | |Affairs and | | |Schedule 2 | | |Other | | |(item 4): | | |Legislation | | |(u) | | |Amendment | | | | | |(Election | | | | | |Commitments and | | | | | |Other Measures) | | | | | |Act 2011 | | | | | |Family |52, 2011|28 June |Schedule 1: |Sch. 1 | |Assistance and | |2011 |(v) |(item 6| |Other | | |Schedule 2 |) | |Legislation | | |(items 1, | | |Amendment Act | | |2): 30 June | | |2011 | | |2011 | | |Families, |53, 2011|28 June |Schedule 1 |Sch. 1 | |Housing, | |2011 |(items 1-8, |(items | |Community | | |17, 20), |17, | |Services and | | |Schedule 2 |20), | |Indigenous | | |(items 1-4) |Sch. 2 | |Affairs and | | |and |(item | |Other | | |Schedule 5 |4) and | |Legislation | | |(items 1-18)|Sch. 5 | |Amendment | | |: 1 July |(items | |(Further | | |2011 |7, 17) | |Election | | | | | |Commitments and | | | | | |Other Measures) | | | | | |Act 2011 | | | | | |Family |79, 2011|25 July |Schedule 2 |Sch. 2 | |Assistance and | |2011 |(items 1-3):|(item 3| |Other | | |22 Aug 2011 |) | |Legislation | | | | | |Amendment (Child| | | | | |Care and Other | | | | | |Measures) Act | | | | | |2011 | | | | | |Family |96, 2011|15 Sept |15 Sept 2011|Sch. 1 | |Assistance | |2011 | |(item 5| |Legislation | | | |) | |Amendment (Child| | | | | |Care Budget | | | | | |Measures) Act | | | | | |2011 | | | | | |Clean Energy |141, |29 Nov |Schedule 2 |Sch. 2 | |(Household |2011 |2011 |(items 1-3, |(items | |Assistance | | |15-32, |34-36, | |Amendments) Act | | |34-46) and |42) and| |2011 | | |Schedule 10 |Sch. 8 | | | | |(item 1): |(item 1| | | | |14 May 2012 |7) | | | | |Schedule 8 | | | | | |(items 1-5, | | | | | |17): (w) | | (a) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 4 only of the A New Tax System (Compensation Measures Legislation Amendment) Act 1999, subsection 2(4) of which provides as follows: (4) Schedule 4 commences, or is taken to have commenced, immediately after the commencement of Schedule 4 to the A New Tax System (Family Assistance) Act 1999. (aa) The A New Tax System (Compensation Measures Legislation Amendment) Act 1999 was amended by Schedule 1 (item 5) only of the Compensation Measures Legislation Amendment (Rent Assistance Increase) Act 2000, section 2 of which provides as follows: 2 This Act commences, or is taken to have commenced, immediately before the commencement of Schedule 1 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999. Schedule 1 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 commenced on 1 July 2000. (b) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 2 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(5) of which provides as follows: (5) Schedule 2 commences immediately after the A New Tax System (Family Assistance) Act 1999 commences. (c) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 1 only of the A New Tax System (Family Assistance and Related Measures) Act 2000, subsections 2(2)-(4) of which provide as follows: (2) The items of Schedule 1 (other than item 83) commence immediately after the commencement of the A New Tax System (Family Assistance) Act 1999. (3) Item 83 of Schedule 1 commences immediately after the commencement of Schedule 4 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999. (4) Schedule 2, items 3 to 5 and 15 to 57 of Schedule 3 and Schedules 5 and 6 commence immediately after the commencement of the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999. Schedule 4 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 and the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 commenced on 1 July 2000. (d) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 8 only of the Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, subsection 2(8) of which provides as follows: (8) Schedule 8 commences on the later of the following: (a) 20 September 2000; (b) immediately after the commencement of item 1 of Schedule 1 to the A New Tax System (Family Assistance and Related Measures) Act 2000. (e) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 2 (items 1-6) only of the Family and Community Services (2000 Budget and Related Measures) Act 2000, paragraph 2(2)(b) of which provides as follows: (2) The following provisions: (b) Schedules 2 and 3; commence on 1 January 2001. (f) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 3 (items 1A-1D) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows: (1) Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent. (g) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 2 (items 1-12) only of the Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (h) The A New Tax System (Family Assistance) Act 1999 was amended by Schedule 1A (items 18-21) and Schedule 4 only of the Child Support Legislation Amendment Act 2001, subsections 2(1B)(a) and 2(2)(a) of which provide as follows: (1B) Items 18, 19, 20 and 21 of Schedule 1A commence on whichever of the following days applies: (a) if this Act receives the Royal Assent on or before 1 December 2001-on 1 December 2001; (2) Schedule 4 commences on whichever of the following days applies: (a) if this Act receives the Royal Assent on or before 1 July 2001- on 1 July 2001; (i) Subsection 2(1) (item 8) of the Family and Community Services Legislation Amendment Act 2003 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. |Commencement information | |Column 1 |Column 2 |Column 3 | |Provision(s)|Commencement |Date/Detail| | | |s | |8. |Immediately after the |1 July 2000| |Schedule 2, |commencement of the | | |items 52 to |provisions of the A New Tax | | |72 |System (Family Assistance and| | | |Related Measures) Act 2000 | | | |referred to in subsection | | | |2(2) of that Act | | (j) Subsection 2(1) (item 5) of the Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. |Provision(s)|Commencement |Date/Detail| | | |s | |5. |Immediately before the |19 Septembe| |Schedule 7, |commencement of Schedule 1 to|r 2003 | |item 2 |the Family and Community | | | |Services Legislation | | | |Amendment (Australians | | | |Working Together and other | | | |2001 Budget Measures) Act | | | |2003. | | (k) Subsection 2(1) (item 6) of the Family Assistance Legislation Amendment (More Help for Families-Increased Payments) Act 2004 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |6. |1 July 2008. |Does not | |Schedule 2, |However, if: |commence | |Part 5 |(a) because of section 85 of,| | | |and Schedule 4 to, the A New | | | |Tax System (Family | | | |Assistance) Act 1999, | | | |subsection 66(1) of that Act | | | |has effect before 1 July 2008| | | |as if it referred to an | | | |amount more than $5,000; or | | | |(b) Part 3 of Schedule 2 to | | | |this Act commences on 1 July | | | |2006; | | | |the provision(s) do not | | | |commence at all. | | | |As soon as practicable after | | | |1 July 2008, the Minister | | | |must announce by notice in | | | |the Gazette whether the | | | |provision(s) commenced on | | | |1 July 2008 or not. | | (l) Subsection 2(1) (item 2) of the Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |2. |Immediately after the |1 July 2004| |Schedule 1 |commencement of Schedule 1 to| | | |the Family Assistance | | | |Legislation Amendment (More | | | |Help for Families-Increased | | | |Payments) Act 2004. | | (m) The proposed amendments of the A New Tax System (Family Assistance) Act 1999 made by Schedule 1 of the Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 were repealed before they commenced. (ma) Subsection 2(1) (item 34) of the Statute Law Revision Act 2007 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |34. |Immediately after the |1 July 2006| |Schedule 2, |commencement of Schedule 9 to| | |item 9 |the Family Law Amendment | | | |(Shared Parental | | | |Responsibility) Act 2006. | | (n) Subsection 2(1) (items 12 and 13) of the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |12. |Immediately after the |1 July 2006| |Schedule 12,|commencement of Schedule 9 to| | |item 1 |the Family Law Amendment | | | |(Shared Parental | | | |Responsibility) Act 2006. | | |13. |Immediately after the |1 July 2006| |Schedule 12,|commencement of items 3 to | | |item 2 |104 of Schedule 8 to the | | | |Family Law Amendment (Shared | | | |Parental Responsibility) Act | | | |2006. | | (o) Subsection 2(1) (items 8 and 9) of the Child Support Legislation Amendment (Reform of the Child Support Scheme-New Formula and Other Measures) Act 2006 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |8. |Immediately after the |1 July 2008| |Schedule 5, |commencement of Schedule 1 to| | |Part 1, |this Act. | | |Division 2 | | | |9. |Immediately after the |1 July 2008| |Schedule 5, |commencement of Division 2 of| | |Part 1, |Part 1 of Schedule 5 to this | | |Division 3 |Act. | | (p) Subsection 2(1) (items 7, 17-19, 21 and 24) of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |7. |Immediately after the |1 July 2008| |Schedule 1, |commencement of Part 2 of | | |Part 4, |Schedule 2 to this Act. | | |Division 1 | | | |17. |Immediately after the |1 July 2008| |Schedule 5, |commencement of Division 3 of| | |Part 1 |Part 1 of Schedule 5 to the | | | |Child Support Legislation | | | |Amendment (Reform of the | | | |Child Support Scheme-New | | | |Formula and Other Measures) | | | |Act 2006. | | |18. |Immediately after the |1 July 2008| |Schedule 5, |commencement of item 155 of | | |Part 2 |Schedule 8 to the Child | | | |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |19. |Immediately after the |1 July 2006| |Schedule 5, |commencement of Schedule 5 to| | |Part 3, |the Families, Community | | |Division 1 |Services and Indigenous | | | |Affairs and Other Legislation| | | |(2006 Budget and Other | | | |Measures) Act 2006. | | |21. |Immediately after the |1 July 2008| |Schedule 5, |commencement of Division 3 of| | |Part 3, |Part 1 of Schedule 5 to the | | |Division 3 |Child Support Legislation | | | |Amendment (Reform of the | | | |Child Support Scheme-New | | | |Formula and Other Measures) | | | |Act 2006. | | |24. |Immediately after the |1 July 2008| |Schedule 7, |commencement of item 84 of | | |item 3 |Schedule 8 to the Child | | | |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | (q) Subsection 2(1) (items 2 and 4) of the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |2. |Immediately after the |29 June | |Schedule 1 |commencement of the |2007 | | |provision(s) covered by table| | | |item 4. | | |4. |The day after this Act |29 June | |Schedule 3 |receives the Royal Assent. |2007 | (qaa) Subsection 2(1) (item 3) of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |3. |Immediately after the time |16 May 2009| |Schedule 1, |specified in the Family | | |Part 2 |Assistance Legislation | | | |Amendment (Child Care) Act | | | |2010 for the commencement of | | | |item 5 of Schedule 5 to that | | | |Act. | | (qa) Subsection 2(1) (items 25, 27 and 32) of the Family Assistance Legislation Amendment (Child Care Rebate) Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |25. |Immediately after the |26 July | |Schedule 2, |commencement of Part 1 of |2011 | |Part 1 |Schedule 1 to the Family | | | |Assistance and Other | | | |Legislation Amendment (Child | | | |Care and Other Measures) Act | | | |2011. | | |27. |At the same time as the |26 July | |Schedule 2, |provision(s) covered by table|2011 | |Part 3 |item 25. | | |32. |The day after this Act |Do not | |Schedule 3, |receives the Royal Assent. |commence | |items 6 to |However, if Part 1 of | | |10 |Schedule 1 to the Family | | | |Assistance and Other | | | |Legislation Amendment (Child | | | |Care and Other Measures) Act | | | |2011 commences after that | | | |day, the provision(s) do not | | | |commence at all. | | (qb) Subsection 2(1) (item 4) of the Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |4. |Immediately after the |21 April | |Schedule 2, |commencement of section 2 of |2011 | |item 2 |the Family Assistance | | | |Legislation Amendment (Child | | | |Care Rebate) Act 2011. | | (r) Subsection 2(1) (items 10-12, 14, 15, 15A and 21) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |10. |Immediately after the |1 July 2008| |Schedule 6, |commencement of item 8 of | | |items 1 and |Schedule 8 to the Child | | |2 |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |11. |Immediately after the |1 July 2008| |Schedule 6, |commencement of item 55 of | | |items 3 and |Schedule 8 to the Child | | |4 |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |12. |Immediately after the |1 July 2008| |Schedule 6, |commencement of item 155 of | | |item 5 |Schedule 8 to the Child | | | |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |14. |Immediately after the |1 July 2008| |Schedule 6, |commencement of item 63 of | | |items 7 and |Schedule 5 to the Child | | |8 |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |15. |Immediately after the |1 July 2008| |Schedule 6, |commencement of item 155 of | | |item 9 |Schedule 8 to the Child | | | |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |15A. |Immediately after the |1 July 2008| |Schedule 6, |commencement of items 1 and 2| | |items 9A, 9B|of Schedule 2 to the Child | | |and 9C |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | |21. |Immediately after the |6 December | |Schedule 6, |commencement of items 73 and |2006 | |items 16 and|74 of Schedule 5 to the Child| | |17 |Support Legislation Amendment| | | |(Reform of the Child Support | | | |Scheme-New Formula and Other | | | |Measures) Act 2006. | | (s) Subsection 2(1) (item 3) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |3. |Immediately after the |1 January | |Schedule 1, |commencement of Part 1 of |2009 | |item 3 |Schedule 2 to the Families, | | | |Housing, Community Services | | | |and Indigenous Affairs and | | | |Other Legislation Amendment | | | |(2008 Budget and Other | | | |Measures) Act 2008. | | (t) Subsection 2(1) (item 3) of the Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |3. |Immediately after the |1 January | |Schedule 3 |commencement of Schedule 1 to|2010 | | |the Family Assistance | | | |Legislation Amendment | | | |(Participation Requirement) | | | |Act 2009. | | (u) Subsection 2(1) (items 7 and 8) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |7. |1 January 2012. |1 January | |Schedule 2, | |2012 | |items 1 to 3| | | |8. |The later of: |1 January | |Schedule 2, |(a) immediately after the |2012 | |item 4 |commencement of the |(paragraph | | |provision(s) covered by table|(a) | | |item 7; and |applies) | | |(b) the start of the day that| | | |Schedule 5 to the Families, | | | |Housing, Community Services | | | |and Indigenous Affairs and | | | |Other Legislation Amendment | | | |(Budget and Other Measures) | | | |Act 2011 commences. | | | |However, the provision(s) do | | | |not commence at all if the | | | |event mentioned in | | | |paragraph (b) does not occur.| | (v) Subsection 2(1) (item 2) of the Family Assistance and Other Legislation Amendment Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |2. |Immediately after the |1 January | |Schedule 1 |commencement of item 6 of |2012 | | |Schedule 2 to the Families, | | | |Housing, Community Services | | | |and Indigenous Affairs and | | | |Other Legislation Amendment | | | |(Election Commitments and | | | |Other Measures) Act 2011. | | (w) Subsection 2(1) (items 6 and 16) of the Clean Energy (Household Assistance Amendments) Act 2011 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |Provision(s)|Commencement |Date/Detail| | | |s | |6. |14 May 2012. |14 May 2012| |Schedule 2 |However, if section 3 of the | | | |Clean Energy Act 2011 does | | | |not commence before 14 May | | | |2012, the provision(s) do not| | | |commence at all. | | |16. |Immediately after the |14 May 2012| |Schedule 8 |commencement of the | | | |provision(s) covered by table| | | |item 6. | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Part 2 | | |Division 1 | | |S. 3 |am. No. 83, 1999; Nos. 45 and 138, | | |2000; Nos. 18 and 75, 2001; No. 30, | | |2003; No. 35, 2003 (as am. by | | |No. 122, 2003); Nos. 59, 60, 100 and | | |132, 2004; Nos. 61 and 150, 2005; | | |Nos. 46, 64, 82, 108 and 146, 2006; | | |Nos. 82 and 113, 2007; Nos. 63, 131, | | |144 and 149, 2008; Nos. 4, 50, 60 and| | |129, 2009; Nos. 38, 65 and 105, 2010;| | |Nos. 34, 50, 53 and 141, 2011 | |S. 3AA |ad. No. 149, 2008 | | |am. No. 38, 2010 | |S. 3A |ad. No. 45, 2000 | |S. 3B |ad. No. 61, 2005 | | |am. No. 150, 2005; Nos. 36 and 82, | | |2006 | |Note to s. 3B(1) |am. No. 150, 2005 | |S. 3C |ad. No. 34, 2011 | |Division 2 | | |S. 4 |am. No. 108, 2006 | |S. 6 |am. No. 146, 2006 | |S. 7 |am. No. 108, 2006 | |Division 3 | | |S. 8 |am. No. 45, 2000; No. 108, 2006 | |S. 9 |am. No. 108, 2006 | |Subhead. to s. |am. No. 83, 1999 | |10(2) | | | |rep. No. 45, 2000 | |S. 10 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 108, 2006; No. 118, 2007; | | |No. 79, 2011 | |S. 10A |ad. No. 45, 2000 | | |am. No. 108, 2006 | |S. 11 |am. No. 45, 2000; No. 108, 2006; | | |No. 118, 2007 | |S. 12 |am. No. 30, 2003 | |S. 13 |am. No. 83, 1999 | |S. 14 |am. No. 150, 2005; No. 108, 2006 | |S. 15 |am. No. 108, 2006 | |Ss. 16, 17 |am. No. 150, 2005; No. 108, 2006 | |S. 17A |ad. No. 150, 2005 | |S. 17B |ad. No. 129, 2009 | | |am. No. 34, 2011 | |S. 18 |am. No. 108, 2006; No. 118, 2007 | |S. 19 |am. No. 115, 2008; No. 38, 2010 | |Part 3 | | |Division 1 | | |Subdivision A | | |S. 21 |am. Nos. 45 and 94, 2000; No. 18, | | |2001; No. 122, 2003; No. 146, 2006; | | |Nos. 53 and 141, 2011 | |Subhead. to s. |am. Nos. 34 and 52, 2011 | |22(6) | | |S. 22 |am. No. 45, 2000; Nos. 18 and 75, | | |2001; Nos. 82 and 146, 2006; No. 129,| | |2009; No. 65, 2010; Nos. 34 and 52, | | |2011 | |Note to s. 22(7) |am. No. 65, 2010 | |S. 22A |ad. No. 45, 2000 | | |am. No. 30, 2003; No. 29, 2005; | | |Nos. 34 and 50, 2011 | |S. 22B |ad. No. 50, 2011 | | |am. No. 50, 2011 | |Subhead. to s. |am. No. 144, 2008 | |23(5) | | |S. 23 |am. No. 45, 2000; No. 146, 2006; | | |No. 144, 2008; No. 129, 2009 | |S. 24 |am. No. 83, 1999; No. 122, 2003; | | |No. 146, 2006 | |Heading to s. 25 |am. No. 75, 2001 | | |rs. No. 146, 2006; No. 65, 2010 | |S. 25 |rs. No. 45, 2000 | | |am. No. 75, 2001 | | |rs. No. 146, 2006 | | |am. No. 65, 2010 | |Heading to s. 25A |am. No. 65, 2010 | |S. 25A |ad. No. 63, 2008 | | |am. No. 65, 2010 | |S. 26 |am. No. 146, 2006 | |S. 27 |rs. No. 146, 2006 | | |am. No. 65, 2010 | |S. 28 |am. No. 45, 2000; No. 144, 2008 | |S. 29 |am. No. 45, 2000 | |Heading to s. 30 |am. No. 83, 1999 | |S. 30 |am. No. 83, 1999 | | |rep. No. 45, 2000 | |Subdivision B | | |Heading to s. 31 |am. No. 146, 2006 | |S. 31 |am. No. 146, 2006; Nos. 34 and 52, | | |2011 | |Heading to s. 32 |am. No. 146, 2006 | |Subheads. to s. |am. No. 146, 2006 | |33(1), (2) | | |S. 33 |am. No. 83, 1999; No. 45, 2000; | | |No. 146, 2006 | |Subdivision C | | |S. 34 |am. No. 129, 2009; Nos. 34 and 52, | | |2011 | |S. 35 |am. No. 45, 2000; No. 30, 2003; | | |No. 29, 2005; Nos. 34 and 50, 2011 | |Subdivision D | | |Subdiv. D of Div. |ad. No. 65, 2010 | |1 of | | |Part 3 | | |Ss. 35A-35H |ad. No. 65, 2010 | |Ss. 35J-35N |ad. No. 65, 2010 | |Subdivision E | | |Subdiv. E of Div. |ad. No. 65, 2010 | |1 of | | |Part 3 | | |Ss. 35P-35S |ad. No. 65, 2010 | |Subdivision F | | |Subdiv. F of Div. |ad. No. 65, 2010 | |1 of | | |Part 3 | | |Ss. 35T, 35U |ad. No. 65, 2010 | |Division 2 | | |Heading to Div. 2 |rs. No. 82, 2007 | |of Part 3 | | |Div. 2 of Part 3 |rs. No. 59, 2004 | |Subdivision A | | |Heading to Subdiv.|rs. No. 82, 2007 | |A of | | |Div. 2 of Part 3 | | |Heading to s. 36 |am. No. 82, 2007 | |Subhead. to s. |am. No. 53, 2011 | |36(3) | | |S. 36 |rs. No. 59, 2004 | | |am. No. 61, 2005; No. 146, 2006; | | |No. 82, 2007; Nos. 63 and 144, 2008; | | |No. 105, 2010; No. 53, 2011 | |S. 36A |ad. No. 105, 2010 | |Heading to s. 37 |am. No. 82, 2007 | |S. 37 |rs. No. 59, 2004 | | |am. No. 82, 2007; No. 63, 2008; | | |No. 105, 2010 | |Subdivision B | | |Heading to Subdiv.|rs. No. 82, 2007 | |B of | | |Div. 2 of Part 3 | | |Heading to s. 38 |am. No. 82, 2007 | |S. 38 |am. No. 30, 2003 | | |rs. No. 59, 2004 | | |am. Nos. 82 and 130, 2007; No. 63, | | |2008; No. 45, 2010 | |Division 3 | | |Subdivision A | | |Subhead. to s. |rs. No. 143, 2008 | |39(2) | | |Subhead. to s. |am. No. 143, 2008 | |39(4) | | |S. 39 |am. No. 45, 2000; No. 59, 2004; | | |No. 146, 2006; No. 82, 2007; Nos. 63 | | |and 143, 2008; No. 105, 2010 | |Subdivision B | | |S. 40 |am. No. 30, 2003 | |Division 4 | | |Div. 4 of Part 3 |rs. No. 45, 2000 | |S. 41 |rs. No. 45, 2000 | |Subdivision A | | |S. 42 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 94, 2000; No. 18, 2001; | | |No. 122, 2003; No. 146, 2006 | |S. 43 |rs. No. 45, 2000 | | |am. No. 108, 2006 | |Subdivision B | | |S. 44 |rs. No. 45, 2000 | | |am. No. 94, 2000; No. 18, 2001; | | |No. 122, 2003; Nos. 108 and 146, 2006| |Subdivision C | | |S. 45 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 94, 2000; No. 18, 2001; | | |No. 122, 2003; No. 146, 2006 | |Subdivision D | | |S. 46 |am. No. 83, 1999 | | |rs. No. 45, 2000 | |Subdivision E | | |S. 47 |rs. No. 45, 2000 | |Subdivision F | | |S. 48 |rs. No. 45, 2000 | | |am. No. 108, 2006 | |S. 49 |rs. No. 45, 2000 | | |am. No. 30, 2003; No. 108, 2006 | |S. 50 |rs. No. 45, 2000 | | |am. No. 118, 2007 | |S. 51 |rs. No. 45, 2000 | | |am. No. 108, 2006 | |Subdivision G | | |S. 52 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 30, 2003; No. 150, 2005 | |Subhead to s. |am. No. 150, 2005 | |53(3) | | |S. 53 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 150, 2005 | |S. 54 |am. No. 83, 1999 | | |rs. No. 45, 2000 | | |am. No. 150, 2005; No. 146, 2006 | |Note to s. 54(2) |ad. No. 150, 2005 | |Note to s. 54(3) |ad. No. 150, 2005 | |S. 55 |am. No. 83, 1999 | | |rs. No. 45, 2000 | |S. 56 |rs. No. 83, 1999; No. 45, 2000 | |S. 56A |ad. No. 83, 1999 | | |rep. No. 45, 2000 | |Heading to s. 57 |am. No. 108, 2006 | |S. 57 |rs. No. 45, 2000 | | |am. No. 30, 2003; No. 108, 2006 | |S. 57A |ad. No. 45, 2000 | | |am. No. 150, 2005; No. 108, 2006; | | |No. 118, 2007 | |Ss. 57B, 57C |ad. No. 45, 2000 | | |am. No. 108, 2006 | |S. 57D |ad. No. 45, 2000 | | |rep. No. 108, 2006 | |S. 57E |ad. No. 45, 2000 | |Division 5 | | |Heading to Div. 5 |rs. No. 50, 2009 | |of Part 3 | | |Div. 5 of Part 3 |ad. No. 113, 2007 | |S. 57EAA |ad. No. 25, 2011 | |Heading to s. 57EA|am. No. 50, 2009 | |S. 57EA |ad. No. 53, 2008 | | |am. No. 50, 2009; No. 25, 2011 | |Heading to s. 57F |am. No. 53, 2008; No. 50, 2009 | |Subhead. to s. |ad. No. 50, 2009 | |57F(1) | | |Subhead. to s. |ad. No. 50, 2009 | |57F(2) | | |S. 57F |ad. No. 113, 2007 | | |am. No. 53, 2008; No. 50, 2009 | |Note to s. 57F(2) |rep. No. 50, 2009 | |Notes 1, 2 to s. |ad. No. 50, 2009 | |57F(2) | | |Note to s. 57F(3) |ad. No. 50, 2009 | |Division 6 | | |Div. 6 of Part 3 |ad. No. 141, 2011 | |Subdivision A | | |S. 57G |ad. No. 141, 2011 | |Ss. 57GA-57GD |ad. No. 141, 2011 | |Subdivision B | | |Ss. 57GE-57GG |ad. No. 141, 2011 | |Part 4 | | |Division 1 | | |S. 58 |am. No. 141, 2011 | |S. 58A |ad. No. 141, 2011 | |S. 59 |am. No. 45, 2000 | | |rs. No. 146, 2006 | | |am. No. 63, 2008; No. 65, 2010 | |Note to s. 59(1) |rs. No. 65, 2010 | |S. 59A |ad. No. 146, 2006 | |S. 61A |ad. No. 53, 2011 | |S. 62 |am. No. 122, 2003; No. 141, 2011 | |S. 63 |am. No. 122, 2003; No. 146, 2006; | | |No. 141, 2011 | |S. 63AA |ad. No. 146, 2006 | |Heading to s. 63A |am. No. 36, 2006 | |S. 63A |ad. No. 94, 2000 | | |am. No. 122, 2003; Nos. 36 and 146, | | |2006; No. 82, 2007 | |Heading to s. 64 |am. No. 146, 2006 | |S. 64 |am. No. 146, 2006 | |Heading to s. 65 |am. No. 146, 2006 | |S. 65 |am. No. 146, 2006; Nos. 34 and 52, | | |2011 | |Division 2 | | |Heading to Div. 2 |rs. No. 82, 2007 | |of Part 4 | | |Div. 2 of Part 4 |rs. No. 59, 2004 | |Heading to s. 66 |am. No. 82, 2007 | |S. 66 |am. No. 83, 1999 | | |rs. No. 59, 2004 | | |am. No. 59, 2004; No. 82, 2007; | | |No. 63, 2008 | |S. 66A |ad. No. 105, 2010 | |Division 3 | | |S. 67 |am. No. 83, 1999 | | |rs. No. 59, 2004 | | |am. No. 143, 2008 | |S. 68 |rs. No. 45, 2000; No. 146, 2006 | | |am. No. 143, 2008 | |Division 4 | | |Div. 4 of Part 4 |rs. No. 45, 2000 | |Subdivision A | | |S. 69 |rs. No. 45, 2000 | | |am. No. 132, 2004 | |Subdivision B | | |S. 70 |rs. No. 45, 2000 | |S. 71 |am. No. 83, 1999 | | |rs. No. 45, 2000 | |S. 72 |rs. No. 45, 2000 | |S. 73 |rs. No. 45, 2000 | | |am. No. 132, 2004; No. 53, 2008 | |Ss. 74, 75 |rs. No. 45, 2000 | |Subdivision C | | |S. 76 |ad. No. 45, 2000 | | |am. No. 30, 2003; No. 108, 2006 | |Ss. 77-79 |ad. No. 45, 2000 | |S. 80 |ad. No. 45, 2000 | | |am. No. 30, 2003 | |S. 81 |ad. No. 45, 2000 | | |am. No. 30, 2003; No. 108, 2006 | |S. 82 |ad. No. 45, 2000 | | |am. No. 108, 2006 | |Subdivision CA | | |Subdiv. CA of Div.|ad. No. 132, 2004 | |4 of | | |Part 4 | | |S. 82A |ad. No. 132, 2004 | |Subdivision D | | |S. 83 |ad. No. 45, 2000 | | |am. No. 53, 2008 | |S. 84 |ad. No. 45, 2000 | | |rs. No. 108, 2006 | |Division 4A | | |Heading to Div. 4A|rs. No. 50, 2009 | |of Part 4 | | |Div. 4A of Part 4 |ad. No. 113, 2007 | |Subdivision AA | | |Subdiv. AA of Div.|ad. No. 25, 2011 | |4A | | |of Part 4 | | |Ss. 84AAA-84AAD |ad. No. 25, 2011 | |Subdivision A | | |Heading to Subdiv.|rs. No. 50, 2009 | |A of | | |Div. 4A of Part 4 | | |Subdiv. A of Div. |ad. No. 53, 2008 | |4A | | |of Part 4 | | |Heading to s. 84AA|am. No. 50, 2009 | |S. 84AA |ad. No. 53, 2008 | | |am. No. 50, 2009; No. 25, 2011 | |S. 84AB |ad. No. 53, 2008 | | |am. No. 25, 2011 | |S. 84AC |ad. No. 53, 2008 | |Subdivision B | | |Heading to Subdiv.|ad. No. 53, 2008 | |B of |rs. No. 50, 2009 | |Div. 4A of Part 4 | | |Heading to s. 84A |am. No. 53, 2008; No. 50, 2009 | |S. 84A (1st |ad. No. 113, 2007 | |occurring) | | | |am. No. 53, 2008; No. 50, 2009 | |S. 84B |ad. No. 113, 2007 | | |am. No. 53, 2008; No. 50, 2009; | | |No. 25, 2011 | |Ss. 84C, 84D |ad. No. 113, 2007 | | |am. No. 53, 2008 | |Subdivision BA | | |Subdiv. BA of Div.|ad. No. 50, 2009 | |4A of | | |Part 4 | | |S. 84DA |ad. No. 50, 2009 | |S. 84DB |ad. No. 50, 2009 | | |am. No. 25, 2011 | |Ss. 84DC, 84DD |ad. No. 50, 2009 | |Subdivision C | | |Heading to Subdiv.|ad. No. 53, 2008 | |C of | | |Div. 4A of Part 4 | | |S. 84A (2nd |ad. No. 25, 2011 | |occurring) | | |Heading to s. 84E |am. No. 53, 2008 | | |rep. No. 25, 2011 | |S. 84E |ad. No. 113, 2007 | | |am. No. 53, 2008; No. 50, 2009 | | |rep. No. 25, 2011 | |Note to s. 84E |ad. No. 50, 2009 | | |rep. No. 25, 2011 | |Heading to s. 84F |am. No. 53, 2008; No. 50, 2009 | |S. 84F |ad. No. 113, 2007 | | |am. No. 53, 2008; No. 50, 2009; | | |Nos. 25 and 96, 2011 | |Division 4B | | |Div. 4B of Part 4 |ad. No. 141, 2011 | |S. 84G |ad. No. 141, 2011 | |Ss. 84GA, 84GB |ad. No. 141, 2011 | |Division 5 | | |Div. 5 of Part 4 |ad. No. 45, 2000 | |Heading to s. 85 |am. No. 59, 2004 | |S. 85 |ad. No. 45, 2000 | | |am. No. 59, 2004; No. 82, 2007 | |Part 5 | | |Part 5 |ad. No. 60, 2004 | |Ss. 86-88 |ad. No. 60, 2004 | |Part 6 | | |Part 6 |ad. No. 131, 2008 | |Division 1 | | |Ss. 89-92 |ad. No. 131, 2008 | |Division 2 | | |Ss. 93, 94 |ad. No. 131, 2008 | |Part 7 | | |Part 7 |ad. No. 4, 2009 | |Division 1 | | |Subdivision A | | |Ss. 95-97 |ad. No. 4, 2009 | |Subdivision B | | |Ss. 98, 99 |ad. No. 4, 2009 | |Subdivision C | | |S. 100 |ad. No. 4, 2009 | |Division 2 | | |Ss. 101, 102 |ad. No. 4, 2009 | |Part 8 | | |Part 8 |ad. No. 141, 2011 | |Division 1 | | |Ss. 103, 104 |ad. No. 141, 2011 | |Division 2 | | |Ss. 105-107 |ad. No. 141, 2011 | |Division 3 | | |S. 108 |ad. No. 141, 2011 | |Division 4 | | |S. 109 |ad. No. 141, 2011 | |Schedule 1 | | |Part 1 | | |C. 1 |am. No. 45, 2000; No. 146, 2006; | | |No. 63, 2008 | |Part 2 | | |Division 1 | | |C. 3 |am. No. 45, 2000; No. 59, 2004; | | |No. 61, 2005; No. 146, 2006; No. 141,| | |2011 | |C. 4 |am. No. 53, 2011 | |Cc. 4A, 4B |ad. No. 61, 2005 | | |rep. No. 146, 2006 | |C. 5 |am. No. 45, 2000; No. 61, 2005; | | |No. 146, 2006 | | |rs. No. 53, 2011 | |C. 6 |rep. No. 45, 2000 | | |ad. No. 141, 2011 | |Division 2 | | |C. 7 |am. No. 146, 2006; Nos. 50 and 52, | | |2011 | |C. 11 |rs. No. 146, 2006 | |Div. 3 of Part 2 |rep. No. 146, 2006 | |C. 12 |rep. No. 146, 2006 | |C. 13 |am. No. 45, 2000; No. 61, 2005 | | |rep. No. 146, 2006 | |C. 14 |am. No. 45, 2000 | | |rep. No. 146, 2006 | |C. 14A |ad. No. 45, 2000 | | |rep. No. 146, 2006 | |Cc. 15, 16 |rep. No. 146, 2006 | |C. 16A |ad. No. 45, 2000 | | |rep. No. 146, 2006 | |Div. 4 of Part 2 |rep. No. 146, 2006 | |C. 17 |am. No. 45, 2000; No. 61, 2005 | | |rep. No. 146, 2006 | |C. 18 |am. No. 59, 2004; No. 118, 2007 | | |rep. No. 146, 2006 | |C. 19 |am. No. 82, 2006 | | |rep. No. 146, 2006 | |Division 5 | | |Subdivision A | | |Heading to Subdiv.|ad. No. 82, 2006 | |A of | | |Div. 5 of Part 2 | | |C. 19A |ad. No. 45, 2000 | |C. 19AA |ad. No. 146, 2006 | |C. 19B |ad. No. 45, 2000 | |C. 20 |am. No. 45, 2000; Nos. 82 and 146, | | |2006; No. 82, 2007; No. 48, 2009 | |C. 20A |ad. No. 45, 2000 | | |am. No. 143, 2000; No. 115, 2008 | |Cc. 20B, 20C |ad. No. 146, 2006 | | |am. No. 82, 2007; No. 63, 2008 | |C. 21 |rs. No. 45, 2000 | |C. 22 |am. No. 30, 2003; No. 146, 2006 | |Subhead. to c. |am. No. 143, 2000; No. 30, 2003 | |24(3) | | |C. 24 |am. Nos. 45 and 143, 2000; No. 115, | | |2008 | |Subdivision B | | |Subdiv. B of Div. |ad. No. 82, 2006 | |5 of Part 2 | | |C. 24A |ad. No. 82, 2006 | | |am. No. 82, 2007 | |C. 24B |ad. No. 82, 2006 | |Cc. 24C, 24D |ad. No. 82, 2006 | | |am. No. 82, 2007 | |C. 24E |ad. No. 82, 2006 | |C. 24EA |ad. No. 82, 2007 | |Subdivision C | | |Subdiv. C of Div. |ad. No. 146, 2006 | |5 of | | |Part 2 | | |C. 24F |ad. No. 146, 2006 | | |rs. No. 82, 2007 | |Cc. 24G, 24H |ad. No. 146, 2006 | |C. 24J |ad. No. 146, 2006 | |C. 24K |ad. No. 146, 2006 | | |am. No. 63, 2008 | |C. 24L |ad. No. 146, 2006 | |Subdivision D | | |Subdiv. D of Div. |ad. No. 146, 2006 | |5 of | | |Part 2 | | |C. 24M |ad. No. 146, 2006 | | |rs. No. 82, 2007 | |C. 24N |ad. No. 146, 2006 | | |am. No. 53, 2011 | |Cc. 24P-24S |ad. No. 146, 2006 | |Part 3 | | |Division 1 | | |C. 25 |am. No. 45, 2000; No. 59, 2004; | | |No. 146, 2006; Nos. 53 and 141, 2011 | |C. 25A |ad. No. 45, 2000 | | |rs. No. 53, 2011 | |C. 25B |ad. No. 141, 2011 | |Division 2 | | |C. 26 |am. No. 50, 2011 | |C. 27 |rs. No. 146, 2006 | |Part 3A | | |Part 3A |ad. No. 146, 2006 | |C. 28A |ad. No. 146, 2006 | |Part 4 | | |Division 1 | | |Subdivision AA | | |Subdiv. AA of Div.|ad. No. 63, 2008 | |1 | | |of Part 4 | | |Heading to c. 28B |rs. No. 105, 2010 | |C. 28B |ad. No. 63, 2008 | |C. 28C |ad. No. 105, 2010 | |Subdivision A | | |Heading to Subdiv.|ad. No. 61, 2005 | |A of | | |Div. 1 of Part 4 | | |Heading to c. 29 |am. No. 61, 2005 | |C. 29 |am. Nos. 29 and 61, 2005; Nos. 34, 50| | |and 141, 2011 | |Note to c. 29(2) |ad. No. 61, 2005 | |Subdivision B | | |Subdiv. B of Div. |ad. No. 61, 2005 | |1 of | | |Part 4 | | |C. 29A |ad. No. 61, 2005 | | |am. No. 82, 2006; No. 141, 2011 | |C. 29B |ad. No. 61, 2005 | | |am. No. 146, 2006 | |C. 29C |ad. No. 61, 2005 | |Division 2 | | |C. 31 |rs. No. 146, 2006 | |Division 2A | | |Div. 2A of Part 4 |ad. No. 29, 2005 | |C. 31A |ad. No. 29, 2005 | | |am. No. 61, 2005; No. 146, 2006 | |Division 2B | | |Div. 2B of Part 4 |ad. No. 141, 2011 | |Cc. 31B, 31C |ad. No. 141, 2011 | |Division 3 | | |C. 32 |am. No. 59, 2004 | |C. 33 |rs. No. 59, 2004 | |Part 5 | | |Division 1 | | |C. 34 |am. No. 82, 2006; No. 53, 2011 | |C. 35 |am. No. 82, 2006 | |Division 2 | | |C. 36 |am. No. 183, 2007; Nos. 34, 50 and | | |53, 2011 | |C. 37 |am. No. 183, 2007 | |C. 38 |rs. No. 146, 2006 | |Division 2A | | |Div. 2A of Part 5 |ad. No. 59, 2004 | |C. 38A |ad. No. 59, 2004 | | |am. No. 146, 2006; No. 53, 2011 | |Division 2AA | | |Div. 2AA of Part 5|ad. No. 141, 2011 | |Subdivision A | | |Cc. 38AA-38AE |ad. No. 141, 2011 | |Subdivision B | | |Cc. 38AF, 38AG |ad. No. 141, 2011 | |Division 2B | | |Div. 2B of Part 5 |ad. No. 146, 2006 | |Subdivision A | | |C. 38B |ad. No. 146, 2006 | | |am. No. 50, 2011 | |C. 38C |ad. No. 146, 2006 | | |am. No. 53, 2011 | |C. 38D |ad. No. 146, 2006 | | |am. No. 82, 2007 | |Cc. 38E-38H |ad. No. 146, 2006 | |Subdivision B | | |Cc. 38J, 38K |ad. No. 146, 2006 | |Division 2C | | |Div. 2C of Part 5 |ad. No. 146, 2006 | |Cc. 38L-38N |ad. No. 146, 2006 | |Division 3 | | |C. 39 |ad. No. 30, 2003 | | |am. No. 146, 2006 | |Division 4 | | |Div. 4 of Part 5 |ad. No. 53, 2011 | |Cc. 40-51 |ad. No. 53, 2011 | |Schedule 2 | | |Part 1 | | |C. 2 |am. No. 83, 1999; No. 45, 2000; | | |No. 30, 2003; No. 118, 2007; No. 53, | | |2008 | |C. 3 |am. No. 83, 1999 | |Part 2 | | |C. 4 |am. No. 138, 2000; No. 113, 2007 | |Part 4 | | |C. 7 |am. No. 45, 2000 | |C. 8 |am. No. 45, 2000; No. 53, 2008 | |C. 8A |ad. No. 30, 2003 | |C. 11 |am. No. 45, 2000 | |C. 12 |rs. No. 45, 2000 | | |am. No. 113, 2007 | | |rep. No. 53, 2008 | |Schedule 3 | | |C. 1 |am. No. 30, 2003 | |C. 2 |am. No. 45, 2000; No. 146, 2006; | | |No. 63, 2008; No. 27, 2009 | |C. 3 |am. No. 63, 2008 | |C. 3A |ad. No. 45, 2000 | |C. 4 |rs. No. 146, 2006 | | |rs. No. 63, 2008 | |C. 5 |am. No. 30, 2003 | | |rs. No. 146, 2006 | |C. 6 |rep. No. 27, 2009 | |C. 7 |am. Nos. 30 and 35, 2003; Nos. 52 and| | |100, 2004; No. 100, 2005; Nos. 53 and| | |141, 2011 | |C. 8 |am. No. 75, 2001; No. 30, 2003; | | |No. 146, 2006; No. 38, 2010 | |Schedule 4 | | |Note to heading to|am. No. 63, 2008 | | | | |Schedule 4 | | |Part 1 | | |C. 2 |am. No. 83, 1999; Nos. 45 and 138, | | |2000; No. 59, 2004; No. 29, 2005; | | |No. 146, 2006; Nos. 82 and 113, 2007;| | |Nos. 53 and 63, 2008; No. 50, 2009; | | |Nos. 50 and 141, 2011 | |Part 2 | | |Subhead. to c. |am. No. 50, 2009 | |3(6) | | |Subhead. to c. |am. No. 52, 2011 | |3(7) | | |C. 3 |am. No. 83, 1999; No. 45, 2000; | | |No. 59, 2004; No. 29, 2005; Nos. 82 | | |and 146, 2006; Nos. 82 and 113, 2007;| | |Nos. 53, 63 and 144, 2008; Nos. 50 | | |and 60, 2009; Nos. 50, 52, 96 and | | |141, 2011 | |C. 3A |ad. No. 29, 2005 | |C. 4 |am. No. 60, 2009 | |C. 5 |am. No. 141, 2011 | |Part 3 |rep. No. 60, 2009 | |C. 7 |am. No. 59, 2004; No. 11, 2005 | | |rep. No. 60, 2009 | |Part 4 | | |Heading to Part 4 |rs. No. 141, 2011 | |C. 8 |am. No. 45, 2000 | | |rep. No. 108, 2006 | |C. 9 |ad. No. 68, 1999 (as am. by No. 93, | | |2000) | | |am. No. 45, 2000 | |Cc. 10, 11 |ad. No. 141, 2011 | Table A Application, saving or transitional provisions A New Tax System (Family Assistance and Related Measures) Act 2000 (No. 45, 2000) Schedule 5 1 Definitions (1) In this Schedule, unless the contrary intention appears: approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act. Family Assistance Act means the A New Tax System (Family Assistance) Act 1999. Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999. family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act. family benefit means payments of: (a) family allowance; or (b) family tax payment; or (c) parenting payment in the nature of non-benefit PP (partnered); payable under the social security law. MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act. MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act. receiving, in relation to family benefit, has the meaning given under subitem (3). Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation. social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999. (2) Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act. (3) For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day. 2 Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment (1) If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act. (2) If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1). 3 Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment (1) If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act. (2) If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1). 4 Special rules relating to outstanding TFN requirements If: (a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and (b) the individual has not, before that date, provided that tax file number; and (c) as at 1 July 2000, less than 28 days have elapsed since the request to provide that number; then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act: (d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and (e) the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force. 5 Special rules relating to outstanding bank account requirements If: (a) an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and (b) the individual or organisation has not, before that date, nominated a bank account; and (c) as at 1 July 2000, less than 28 days have elapsed since the request to nominate an account; then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act: (d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and (e) the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force. 6 The making of determinations (1) On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim. (2) If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers: (a) the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and (b) that information has not been provided; the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force. (3) For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended: (a) family tax benefit by instalment when that information is so provided; and (b) family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made. 7 Directions concerning payments to third parties If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person. 8 Instalment periods (1) If: (a) an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and (b) that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and (c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day; then: (d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and (e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days. (2) If: (a) an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non-benefit PP (partnered) immediately before that date; and (b) that individual received, or last received, a payment of that non-benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and (c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day; then: (d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non-benefit PP (partnered); and (e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days. 9 Claims for family benefit that are undetermined as at 1 July 2000 (1) If: (a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and (b) that claim was not determined before that date; and (c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind; the claim is to be determined under the social security law as in force before 1 July 2000, as if: (d) the social security law as so in force had continued in force; and (e) the claim related only to the period preceding 1 July 2000. (2) If: (a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and (b) the claim was not determined by that date; and (c) the person does not become qualified for the relevant family benefit before 1 July 2000; the claim is to be taken to have lapsed on that date. (3) If: (a) before 1 July 2000, a person has lodged a claim for parenting payment; and (b) the claim has not been determined before that date; and (c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind; then: (d) the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and (e) if parenting payment would be paid under the law as so in force at the rate applicable for non-benefit PP (partnered)-the claim is to be determined as if it related only to the period preceding 1 July 2000. (4) If: (a) before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and (b) the claim was not determined by that date; and (c) the person does not become qualified for parenting payment before 1 July 2000; and (d) if the person were to become qualified for parenting payment on or after that date-it would be parenting payment in the nature of non-benefit PP (partnered) and not some other form of parenting payment; the claim is to be taken to have lapsed on that date. 10 Certain claims for family benefit will be admitted on or after 1 July 2000 (1) In this item: backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed. (2) If: (a) a person did not make a claim for family benefit before 1 July 2000; and (b) but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date; then: (c) the person may make such a claim on or after 1 July 2000 as if those amendments had not been made; and (d) the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000. 11 Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law (1) If: (a) a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and (b) the claim has not been determined as at that date; the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991. (2) If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law. (3) A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act. 12 Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person (1) If: (a) an amount of family benefit is payable to a person; and (b) the person dies before receiving that amount; and (c) another person applies, on or after 1 July 2000, to receive the amount; and (d) the application is made: (i) within 26 weeks after the first person's death; or (ii) within such further period as is allowed by the Secretary in the special circumstances of the case; the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it. (2) If: (a) an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and (b) the person dies before receiving that amount; and (c) another person applies, on or after 1 July 2000, to receive the amount; and (d) the application is made: (i) within 26 weeks after the first person's death; or (ii) within such further period as is allowed by the Secretary in the special circumstances of the case; the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it. (3) If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law. (4) If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child. (5) For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law. 13 Claims for advance payment under Social Security Law (1) If: (a) an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and (b) that request had been granted; the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if: (c) it were a grant made under section 33 of the Family Assistance Administration Act as amended by this Act; and (d) it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6. (2) For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance. 14 Saving provision relating to information collection If: (a) family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and (b) the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance; the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999. 15 Portability (1) If: (a) immediately before 1 July 2000, an individual (i) is receiving family benefit in the nature of family allowance in respect of another individual; or (ii) is receiving family benefit in the nature of parenting payment because the individual has a PP child; and (b) the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because: (i) having left Australia, the child has not returned before that date; or (ii) having been born outside Australia, the child has not subsequently come to Australia before that date; the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends. (2) In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence: (a) any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and (b) any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem. (3) If: (a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and (b) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled; Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended. (4) If: (a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and (b) the child comes to Australia; and (c) the child leaves Australia less than 26 weeks after coming to Australia; and (d) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled; Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended. 16 Lump sum bereavement payments for certain persons receiving non-benefit PP (partnered) at death of child (1) If: (a) a child died less than 4 weeks before 1 July 2000; and (b) at the time of the child's death, the child was the only PP child of a person; and (c) under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death; so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000: (d) continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and (e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000. (2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law. 17 Lump sum bereavement payments for certain persons receiving family tax payment at death of child (1) If: (a) a child died less than 4 weeks before 1 July 2000; and (b) at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and (c) under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died; so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child: (d) continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and (e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000. (2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law. 18 Lump sum bereavement payments for certain persons receiving family allowance at death of child (1) If: (a) a child died before 1 July 2000; and (b) at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and (c) under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died; so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child: (d) continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and (e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000. (2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law. 19 Set-offs (1) If: (a) a child dies before 1 July 2000; and (b) before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000; the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended. (2) If the person continued to receive non-benefit PP (partnered) after 30 June 2000 in respect of the deceased child-the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1). (3) If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child-the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1). (4) If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child-the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1). 20 Bereavement payments in relation to the death of a recipient (1) Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child. (2) For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16. (3) Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child. (4) For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference: (a) in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and (b) in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection; each includes a reference to any lump sum that would have been payable because of the operation of item 18. (5) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law. 21 Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act If the tax file number of an individual has been provided to the Secretary: (a) by the individual; or (b) by the partner of the individual; or (c) by the Commissioner of Taxation on the authority of the individual; under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non-benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended. 22 Saving provision-Part A rate of family tax benefit for families with children not subject to family allowance income test (1) This item applies to an individual who, immediately before 1 July 2000: (a) was receiving family allowance under the Social Security Act 1991 in respect of a child; and (b) by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act-did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and (c) was also receiving either carer allowance or double orphan pension under that Act in respect of that child. (2) If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to: (a) unless paragraph (b) applies-the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or (b) if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act-the saved rate. (3) If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate. Schedule 6 1 Definitions In this Schedule, unless the contrary intention appears: approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act. childcare assistance means fee reductions made in respect of care provided before: (a) 1 July 2000; or (b) on or after 1 July 2000, as provided for in this Schedule; in compliance with: (c) the fee relief guidelines; or (d) a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as "childcare assistance" or "fee relief". childcare assistance agreement means an agreement, to which the Commonwealth is a party: (a) entered into under section 20 of the Child Care Act 1972; or (b) any other agreement, not being an agreement entered into under that Act; that is made to provide grants to reimburse the costs of fee reductions. childcare assistance scheme means the Commonwealth program under which childcare assistance is paid. child care rebate means child care rebate payable under the Childcare Rebate Act 1993. data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit. family allowance means family allowance payable under the Social Security Act 1991. Family Assistance Act means the A New Tax System (Family Assistance) Act 1999. Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999. family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act. fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000. Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation. 2 Special rules relating to individual entitled to childcare assistance before 1 July 2000 (1) If, before 1 July 2000: (a) a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and (b) the individual has returned a completed data collection form to the Secretary by the date specified in the form; then: (c) section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and (d) the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned. (2) If: (a) determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and (b) the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000; the determinations do not come into force on 1 July 2000. Note: Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000. (3) If: (a) a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and (b) the requirement is that the child comply with the immunisation requirement; and (c) the child does not meet the requirement by 1 July 2000; and (d) immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed; then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (e) section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and (f) the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and (g) the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force. (4) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day. 3 Special rules if individual claiming child care rebate and receiving family allowance returns data collection form (1) If: (a) an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and (b) immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and (c) the individual returns a completed data collection form to the Secretary by the date specified in the form; then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (d) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and (e) the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned. (2) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day. 4 Individuals may make a claim for child care benefit by fee reduction before 1 July 2000 If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (a) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and (b) the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force. 5 Minimum CCB % if individual objects to use of tax file number given previously (1) This item applies to an individual referred to in subitems 2(1) and 3(1). (2) If: (a) the tax file number of an individual to which this item applies has been provided to the Secretary: (i) by the individual; or (ii) by the partner of the individual; or (iii) by the Commissioner of Taxation on the authority of the individual; under: (iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or (v) the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and (b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and (c) in that form, the individual objects to the use of the tax file number previously provided to the Secretary; a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %. 6 Special rules relating to status of a child (1) If: (a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and (b) either: (i) under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or (ii) under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or (iii) under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child; then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and (d) the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force. (2) The determination referred to in paragraph (1)(d) is taken to have been made on: (a) in the case of subparagraph (b)(i)-the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and (b) in the case of subparagraph (b)(ii)-the day the effective claim is taken to have been made; and (c) in the case of subparagraph (b)(iii)-the day the claim is made. 7 Special rules relating to residence (1) If: (a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and (b) either: (i) under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or (ii) under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or (iii) under item 4, an individual makes a claim for child care benefit by fee reduction; then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and (d) the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force. (2) The determination is taken to have been made on: (a) in the case of subparagraph (b)(i)-the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and (b) in the case of subparagraph (b)(ii)-the day the effective claim is taken to have been made; and (c) in the case of subparagraph (b)(iii)-the day the claim is made. 8 Special rules relating to tax file numbers provided for another purpose If: (a) the tax file number of an individual has been provided to the Secretary: (i) by the individual; or (ii) by the partner of the individual; or (iii) by the Commissioner of Taxation on the authority of the individual; under: (iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or (v) the childcare assistance scheme; and (b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and (c) in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary; that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000. 9 Special rules relating to TFN requirements (1) If: (a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and (b) the individual has not, before that date, provided that tax file number; and (c) immediately before 1 July 2000, less than 28 days have elapsed since the request to provide that number; then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended: (d) the Family Assistance Act as so amended is treated as having been in force when the request was made; and (e) the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force. (2) If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act: (a) that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and (b) the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force. 10 Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000 Agreement to which this item relates (1) This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000. Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances (2) Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000. Matters in respect of which agreement continues to operate (3) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date. Note 1: Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date. Note 2: In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care. (4) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day. Note 1: Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000. Note 2: In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care. (5) On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000. Note: In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care. (6) On and after 1 July 2000, an agreement to which this item applies operates for the purposes of other grants (if any) provided for in the agreement. Commonwealth under no obligation to make further grants under agreement (7) The operation of an agreement to which this item applies is limited in that the Commonwealth is under no obligation, on or after 1 July 2000, to make any further grants under the agreement to reimburse the costs of fee reductions. Child Care Act, guidelines etc. to be treated as in force (8) For the purposes of an agreement to which this item applies in so far as it relates to a grant to reimburse the costs of fee reductions, in relation to care provided as mentioned in subitems (3), (4) and (5): (a) on and after 1 July 2000, the Child Care Act 1972 is treated as being in force as if the amendments made by Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 had not been made; and (b) if: (i) a handbook, guidelines or other document that relates to fee reductions created by a Commonwealth Department with the responsibility for administering the agreement is referred to in the agreement; and (ii) the handbook, guidelines or other document operates on 30 June 2000; the handbook, guidelines or other document is treated as operating on and after 1 July 2000. 11 Childcare assistance agreement services to become approved child care services under section 195 of the Family Assistance Administration Act Long day care services (1) If: (a) a childcare assistance agreement is in force in respect of a long day care service immediately before 1 July 2000; and (b) the service is not, immediately before 1 July 2000, subject to a suspension under paragraph 4E(1)(d) of the Child Care Act 1972; the service is treated as being an approved centre based long day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000. Family day care services (2) If a childcare assistance agreement is in force in respect of a family day care service immediately before 1 July 2000, the service is treated as being an approved family day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000. Occasional care services (3) If a childcare assistance agreement is in force in respect of an occasional care service immediately before 1 July 2000, the service is treated as being an approved occasional care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000. Outside school hours care services (4) If a childcare assistance agreement is in force in respect of an outside school hours care service immediately before 1 July 2000, the service is treated as being an approved outside school hours care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000. Requirement of subsection 195(3) of the Family Assistance Administration Act need not be complied with (5) For an approved child care service referred to in subitems (1) to (4) (inclusive), the Secretary does not have to comply with the requirement in subsection 195(3) of the Family Assistance Administration Act as amended by this Act to give a certificate in respect of the service. If long day care services subject to a sanction (other than suspension) on 30 June 2000, sanction carries over to child care benefit scheme (6) If a long day care service is, immediately before 1 July 2000, subject to a sanction, other than suspension, under section 4E of the Child Care Act 1972, the service is treated, on and after 1 July 2000, as being subject to the sanction under section 200 of the Family Assistance Administration Act as amended by this Act . 12 Special condition of continuing approval of approved child care services referred to in item 11 If: (a) a service is treated, under item 11, as an approved child care service; and (b) item 10 applies to an agreement in respect of the service; it is a condition for the continued approval of the approved child care service under section 195 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, that the service not contravene an obligation imposed on the service under the agreement in respect of a grant to reimburse the costs of fee reductions, in relation to care mentioned in subitems 10(3), (4) and (5). 13 Debts under childcare assistance agreements to be recoverable under the Family Assistance Administration Act (1) If: (a) an amount (the debt), whether described as a debt or not, is to be repaid: (i) under a childcare assistance agreement to which item 10 applies; or (ii) under section 20B of the Child Care Act 1972 as in force immediately before 1 July 2000 in respect of an advance on account of a grant to reimburse the costs of fee reductions made for children; and (b) the debt relates to a grant to reimburse the costs of fee reductions for care mentioned in subitem (10)(3), (4) or (5); the debt, whether it arises before, or on or after, 1 July 2000 is recoverable on or after 1 July 2000 under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000. (2) If the debt has been partially recovered under the childcare assistance scheme before 1 July 2000, the balance of the debt may be recovered under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on and after 1 July 2000. 14 Minister may terminate childcare assistance agreements (1) If: (a) a childcare assistance agreement was in force immediately before 1 July 2000; and (b) the agreement relates solely to a grant to reimburse the costs of fee reductions; the Minister may, on or after 1 July 2000, determine, in writing, that the agreement is ended from a date specified in the determination. (2) The determination has effect accordingly. 15 Old sanctions to be taken into account by Secretary when considering applications under section 194 of the Family Assistance Administration Act If: (a) a person applies under section 194 of the Family Assistance Administration Act as amended by this Act for approval of a child care service as an approved child care service for the purposes of the family assistance law; and (b) the person, when operating a child care service under the childcare assistance scheme, was subject to sanctions in respect of the service; the Secretary may refuse to approve the service under subsection 195(2) of that Act as amended by this Act. 16 Special rules relating to claims for childcare assistance Claims for childcare assistance that are undetermined as at 1 July 2000 (1) If: (a) a person lodged a claim for childcare assistance in respect of care provided before 1 July 2000; and (b) that claim was not determined before that date; the claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force. Claims lodged after 1 July 2000 (2) Despite the termination of the childcare assistance scheme on 1 July 2000, a person may lodge a claim for childcare assistance before 8 July 2000 if the claim relates to care provided no more than 7 days before the claim is lodged. The claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force. 17 Special rules relating to sessions of care If a session of care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for childcare assistance in respect of the session is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force. 18 Special rules relating to vacation care If a period of vacation care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for childcare assistance in respect of this care is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force. 19 Special rules relating to registered carers under section 49 of the Childcare Rebate Act Most registered carers to be treated as registered carers under the child care benefits scheme (1) If: (a) an individual was a registered carer under section 49 of the Childcare Rebate Act 1993 immediately before 1 July 2000; and (b) the individual did not do any of the following things immediately before 1 July 2000: (i) operate a child care service that was the subject of a childcare assistance agreement; (ii) operate a child care service that was receiving financial assistance from the Commonwealth in connection with its operational costs, where the provision of that assistance is administered by the Commonwealth Department of Family and Community Services; (iii) provide child care under a contract with a family day care service that was the subject of a childcare assistance agreement; the individual is to be treated as being approved as a registered carer under section 210 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, with effect from that date. Applications for registration as a carer under section 49 of the Childcare Rebate Act that are undetermined as at 1 July 2000 (2) If: (a) a person or body lodged an application for registration as a carer under section 49 of the Childcare Rebate Act 1993 before 1 July 2000; and (b) that application was not determined before that date; then: (c) the application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if that Act, as so in force, had continued in force; and (d) if the registration (if any) relates to a person who is not an individual, the registration remains in force only in relation to care provided before 1 July 2000, or on or after 1 July 2000 as mentioned in subitems 20(3) and (4); and (e) for the purposes of subitem (1), if the registration (if any) relates to a person who is an individual, the individual is to be treated as being a registered carer before 1 July 2000. Applications for registration as a carer under section 49 of the Childcare Rebate Act lodged after 1 July 2000 (3) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person or body may apply, on or after 1 July 2000 and before 1 January 2001, for registration as a carer under section 49 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force. 20 Special rules relating to claims for child care rebate Claims for child care rebate that are undetermined as at 1 July 2000 (1) If: (a) a person lodged a claim for child care rebate before 1 July 2000; and (b) that claim was not determined before that date; the claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force. Claims for child care rebate made after 1 July 2000 for care provided before 1 July 2000 (2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person may lodge a claim for child care rebate on or after 1 July 2000 and before 1 January 2001 if the claim relates to care provided during a period commencing 2 years before the claim was lodged and ending on 30 June 2000. The claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force. (3) If a session of care provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for child care rebate in respect of the session is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force. (4) If a period of vacation care provided by an outside school hours care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for child care rebate in respect of this care is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force. 21 Special rules relating to registration of families Applications for registration of a family under section 19 of the Childcare Rebate Act that are undetermined as at 1 July 2000 (1) If: (a) an individual lodged an application for registration of a family under section 19 of the Childcare Rebate Act 1993 before 1 July 2000; and (b) that application was not determined before that date; the application is to be determined under the Childcare Rebate Act 1993, as in force before 1 July 2000, as if that Act, as so in force, had continued in force. Applications for registration of a family under section 19 of the Childcare Rebate Act lodged after 1 July 2000 (2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, an individual may apply, on or after 1 July 2000 and before 1 January 2001, for a family to be registered under section 19 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force. 22 Health Insurance Commission's functions and powers in relation to child care rebate to continue for certain matters (1) The Health Insurance Commission must deal with the following matters: (a) applications referred to in item 19; (b) claims referred to in item 20; (c) applications referred to in item 21; (d) matters arising in respect of those applications and claims (for example, applications for review); under the Health Insurance Commission Act 1973 and the Childcare Rebate Act 1993 as if the following amendments to those Acts had not occurred: (e) the amendments of the Health Insurance Commission Act 1973 by Schedule 8 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999; (f) the repeal of the Childcare Rebate Act 1993. (2) In respect of the Commission's powers under subitem (1), the Commission may, under subsection 55(3) of the Childcare Rebate Act 1993 as continued in force, extend the period in which an application may be made for reconsideration of a decision listed in section 53 of that Act, but only until 30 June 2001. 23 Other transitional matters may be provided for in regulations The Governor-General may make regulations, not inconsistent with this Schedule, the Family Assistance Administration Act and the Family Assistance Act prescribing other transitional matters, apart from transitional matters provided for in this Schedule, that are necessary or convenient for carrying out or giving effect to the introduction of child care benefit under the family assistance law. Family and Community Services Legislation Amendment Act 2003 (No. 30, 2003) 4 Transitional provisions relating to child care benefit for foster children Claim refused before commencement: past period care by approved child care service or registered carer; substitution claim (1) If: (a) a claim for child care benefit under paragraph 49B(b), (c) or (d) of the Administration Act was refused before the commencing time; and (b) at any time during the claim period, the child was an eligible foster child; then: (c) the refusal may be reviewed by the Secretary, on his or her own initiative, under section 105 of the Administration Act; and (d) an application for review of the refusal may be made under section 109A of the Administration Act at any time before the transitional deadline. This subsection applies whether or not the refusal has already been reviewed before the commencing time. Extension of claim period: past period care by approved child care service (2) Paragraph 49J(2)(b) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline and after the end of the income year in which the claim period occurs; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Extension of claim period: past period care by registered carer (3) Subsection 49K(2) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Extension of claim period: substitution claim (4) Subsection 49L(2) of the Administration Act does not prevent the making of a claim if: (a) the claim is made before the transitional deadline; and (b) the claim is for a period that is wholly before the commencing time; and (c) at any time during the claim period, the child was an eligible foster child. Variation of conditional eligibility determination for fee reduction (5) If a conditional eligibility determination under section 50F of the Administration Act was varied before the commencing time on the ground that paragraph 49(1)(a) of the Family Assistance Act prevented eligibility, then that variation is taken never to have had any effect. Definitions (6) In this section: Administration Act means the A New Tax System (Family Assistance)(Administration) Act 1999. commencing time means the beginning of the day on which this Act received the Royal Assent. eligible foster child means a child who is in the care of a foster parent under a law referred to in paragraph 49(1)(a) of the Family Assistance Act. Family Assistance Act means the A New Tax System (Family Assistance) Act 1999. refused means refused by means of a no entitlement determination under section 52G or 53E of the Administration Act. transitional deadline means the end of the first financial year after the financial year in which this Act received the Royal Assent. Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 (No. 122, 2003) Schedule 6 6 Application (1) The amendments of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to absences from Australia that start on or after the commencement of this Schedule. (2) However: (a) those amendments of subsections 24(2) and (3) and 63(3) of that Act apply in relation to children coming to Australia on or after the commencement of this Schedule; and (b) those amendments of subsections 24(5) and (6) and 62(3) of that Act apply in relation to individuals returning to Australia on or after the commencement of this Schedule. Family Assistance Legislation Amendment (More Help for Families-Increased Payments) Act 2004 (No. 59, 2004) Schedule 1 11 Application of amendments (1) The amendments made by items 1, 2, 3, 6, 7, 8, 9 and 10 apply in relation to family tax benefit for the 2003-2004 income year or a later income year. (2) The amendments made by items 4 and 5 apply in relation to family tax benefit for the 2004-2005 income year or a later income year. Schedule 2 3 Application of amendments made by this Division The amendments made by this Division apply in relation to: (a) children born or delivered on or after 1 July 2004; and (b) children born before 1 July 2004 who are, as part of the process for the adoption of the children by individuals, entrusted to the care of the individuals at times on or after 1 July 2004 when the children are not more than 26 weeks of age. 8 Application of amendment of subsection 39(3) The amendment of subsection 39(3) of the A New Tax System (Family Assistance) Act 1999 made by this Division applies in relation to stillborn children delivered on or after 1 July 2004. 44 Application of amendment of subsection 39(2) The amendment of subsection 39(2) of the A New Tax System (Family Assistance) Act 1999 made by this Part applies in relation to children who turn 18 months, and are alive, on a day that is on or after 1 July 2004 (whether they are born before, on or after 1 July 2004). 46 Application of subsection 39(4) Subsection 39(4) of the A New Tax System (Family Assistance) Act 1999, as amended by this Part, applies in relation to children who die on or after 1 July 2004 (whether they were born before, on or after 1 July 2004). 48 Application of section 67 Section 67 of the A New Tax System (Family Assistance) Act 1999, as amended by this Part, applies in relation to: (a) children who turn 18 months, and are alive, on a day that is on or after 1 July 2004 (whether they are born before, on or after 1 July 2004); and (b) children who die on or after 1 July 2004 after their birth and before turning 2 (whether they were born before, on or after 1 July 2004); and (c) stillborn children delivered on or after 1 July 2004. 50 Application of amendment made by this Part The amendment made by this Part applies in relation to children born or delivered on or after 1 July 2006. 52 Application of amendment made by this Part The amendment made by this Part applies in relation to children born or delivered on or after 1 July 2008. Schedule 3 3 Application of amendments The amendments made by this Schedule apply in relation to family tax benefit for the 2004-2005 income year or a later income year. Schedule 4 3 Application of amendments (1) The amendment made by item 1 applies in relation to family tax benefit for the 2004-2005 income year or a later income year. (2) The amendment made by item 2 applies in relation to family tax benefit for the 2005-2006 income year or a later income year. 4 Transitional The amount referred to in column 1 of item 14 of the table in subclause 3(1) of Schedule 4 to the A New Tax System (Family Assistance) Act 1999 as amended by this Schedule is not to be indexed on 1 July 2004. Family Assistance Legislation Amendment (More Help for Families-One-off Payments) Act 2004 (No. 60, 2004) Schedule 3 1 Administrative scheme for one-off payments to families and carers (1) Subject to this item, the Minister may, by legislative instrument, determine a scheme under which one-off payments may be made to families and carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme. (2) The circumstances in which the scheme provides for payments must be circumstances: (a) in which the Minister considers that Part 5 of the A New Tax System (Family Assistance) Act 1999, and Parts 2.5A and 2.19A of the Social Security Act 1991, do not produce appropriate results; and (b) occurring in the financial year starting on 1 July 2003. (3) The scheme must not provide for payments to be made at a time that is after 30 June 2007. (4) Without limiting the generality of subitem (1), the scheme may deal with the following: (a) the circumstances in which payments are to be made; (b) the amount of the payments; (c) what a person has to do to get a payment; (d) administrative matters, such as determination of entitlement and how and when payments will be made. (6) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly. Veterans' Entitlements (Clarke Review) Act 2004 (No. 100, 2004) Schedule 2 43 Application of amendments in this Schedule (2) The amendment made by item 29 of this Schedule applies in relation to social security payments under the Social Security Act 1991 payable on or after 20 September 2004. Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 (No. 132, 2004) Schedule 4 44 Application of amendments The amendments made by this Schedule apply to sessions of care provided in a week that commences after 1 January 2005. Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 (No. 11, 2005) Schedule 1 4 Application The amendments made by this Schedule apply in relation to family tax benefit for the 2003-2004 income year or a later income year. Family and Community Services and Veterans' Affairs Legislation Amendment (Further 2004 Election Commitments and Other Measures) Act 2005 (No. 29, 2005) Schedule 1 10 Application of amendments (1) The amendments made by items 1, 2, 3, 8 and 9 of this Schedule apply in relation to FTB Part B supplement included, on or after 1 January 2005, in family tax benefit for the 2004-2005 income year or a later income year. (2) The amendments made by items 4 and 7 of this Schedule apply in relation to family tax benefit for the 2005-2006 income year. (3) The amendments made by items 4, 5 and 6 of this Schedule apply in relation to family tax benefit for the 2006-2007 income year or a later income year. Schedule 2 6 Application of amendments (1) The amendments made by items 1 and 2 of this Schedule apply in relation to family tax benefit for the 2005-2006 income year or a later income year. (2) The amendments made by items 3, 4 and 5 of this Schedule apply in relation to family tax benefit for the 2006-2007 income year or a later income year. Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 (No. 61, 2005) Schedule 1 12 Application of amendments The amendments made by this Schedule apply in respect of the 2005-2006 income year and later income years. Schedule 2 4 Definition of commencement In this Part: commencement means the commencement of the amendments made by Part 1 of this Schedule. 5 Application of amendments made by Part 1 The amendments made by Part 1 of this Schedule apply in relation to any child: (a) who is, as part of the process for the adoption of the child by an individual, entrusted to the care of the individual on or after 1 July 2004; and (b) in respect of whom maternity payment has not already been paid. 6 Transitional extension of claim deadline (1) This item applies to a claim for payment of maternity payment in normal circumstances if: (a) before commencement, a child is entrusted to the care of the claimant, as part of the process for the adoption of the child by the claimant; and (b) if the child arrives in Australia from overseas as part of the process for the adoption-the child arrives in Australia before commencement. (2) Paragraphs 39(2)(b) and (c) of the A New Tax System (Family Assistance) (Administration) Act 1999 do not apply in relation to the claim. (3) The claim is not effective if made later than 26 weeks after commencement. (4) The reference in subsection 39(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 to the period of 26 weeks mentioned in subsection (2) is taken to be a reference to the period of 26 weeks mentioned in subitem (3). 7 No maternity payment if maternity allowance already paid in respect of child (1) An individual is not eligible for maternity payment in respect of a child if: (a) after this item commences, the child is entrusted to the individual's care, as part of the process for the adoption of the child by the individual; and (b) maternity allowance has been paid to any person in respect of the child. (2) In this item: maternity allowance means maternity allowance under Division 2 of Part 3 of the A New Tax System (Family Assistance) Act 1999, as in force before item 1 of Schedule 2 to the Family Assistance Legislation Amendment (More Help for Families-Increased Payments) Act 2004 commenced. Schedule 3 3 Application of item 2 The amendment made by item 2 applies in respect of a past period that occurs in the 2003-2004 income year or a later income year. Schedule 4 26 Application of items 2 to 4 The amendments made by items 2 to 4 of this Schedule apply in relation to a decision, made after the commencement of this item, to make a determination that includes, or to vary a determination to include, rent assistance when calculating an individual's Part A rate of family tax benefit for a day that occurs before or after that commencement. Family Assistance, Social Security and Veterans' Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 (No. 36, 2006) Schedule 3 3 Application of amendments The amendments made by this Schedule apply in relation to the 2005- 2006 income year and later income years. Schedule 7 7 Application of items 1 and 2 (1) The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of absences from Australia that begin after the commencement of this Schedule. (2) The amendments made by items 1 and 2 of this Schedule apply to financial assistance payable in respect of an absence from Australia that began before the commencement of this Schedule, if, at the time this Schedule commences: (a) the absence has not ended; and (b) the maximum portability period for the payment, determined as if the amendments made by items 1 and 2 did not apply, has not expired. Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 (No. 82, 2006) Schedule 1 3 Application (1) The amendment made by item 1 applies in relation to family tax benefit for the 2006-2007 income year and later income years. (2) The amendment made by item 2 applies in relation to family tax benefit for the 2007-2008 income year and later income years. 4 Transitional The amount referred to in column 1 of item 13 of the table in subclause 3(1) of Schedule 4 to the A New Tax System (Family Assistance) Act 1999, as amended by this Schedule, is not to be indexed on 1 July 2006. Schedule 5 9 Application (1) Paragraph (c) of step 1 of the method statement in subclause 20(1) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies to family tax benefit for the 2006-2007 income year and later income years. (2) Subdivision B of Division 5 of Part 2 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies to the 2000-2001 income year and later income years. 10 Transitional (1) In working out whether there is an accrual to a maintenance income credit balance for a day in the 2000-2001, 2001-2002 or 2002-2003 income year, the condition in subclause 24B(3) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 is taken to require that, in relation to the income year for which the accrual is being worked out, the eligible person under subclause 24B(2) of Schedule 1 to that Act does not have a non-lodger debt. (2) For the purposes of subitem (1), an eligible person has a non-lodger debt in relation to an income year if: (a) the conditions in subsection 28(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 are satisfied for a determination that relates to the eligible person; and (b) the Secretary has varied the determination under subsection 28(2) or (6) of that Act; and (c) because of that variation, the amount of family tax benefit paid in respect of the income year has become a debt under section 71 of that Act; and (d) as at 1 July 2006, the Secretary has not varied that determination under subsection 28(3) or (4) of that Act. Schedule 9 8 Application of amendments (1) Subject to subitem (2), the amendments made by this Schedule apply in respect of the 2005-2006 income year and later income years. (2) Subclause 29A(4A) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 5 of this Schedule) applies in respect of a return to paid work whether the return happens before, on or after 1 July 2005. Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 (No. 108, 2006) Schedule 1 9 Saving of determinations under sections 57 and 57B (1) A determination in force under section 57 of the A New Tax System (Family Assistance) Act 1999 just before the commencement of the amendments of that section by this Schedule continues in force despite those amendments as if it had been made by the Secretary on that commencement. (2) A determination in force under paragraph 57B(c) of the A New Tax System (Family Assistance) Act 1999 just before the commencement of the amendment of that paragraph by this Schedule continues to apply after that commencement in relation to the Secretary's determinations under section 57 in the same way as it applied to the Minister's determinations under that section before that commencement. (3) This item does not prevent the variation or revocation of a determination. Child Support Legislation Amendment (Reform of the Child Support Scheme-New Formula and Other Measures) Act 2006 (No. 146, 2006) Schedule 2 116 Application The amendments made by items 1 and 2 of this Schedule apply in relation to the 2008-09 income year and later income years. Schedule 5 73 Application of amendments in relation to child support agreements (1) The amendments made by this Schedule (other than item 58) apply (subject to subitems (2) and (3)) in respect of a child support agreement if: (a) the application for acceptance of the agreement is made after Division 3 of Part 1 of this Schedule commences; and (b) the agreement period for the agreement ends on or after 1 July 2008. Note: For the definition of agreement period, see subitem (6). Child support agreements that span 1 July 2008 (2) If the agreement period for a child support agreement covered by subitem (1) begins before 1 July 2008, then: (a) the agreement is taken to be 2 separate agreements; and (b) the first agreement is taken to have effect for the period that: (i) begins at the beginning of the agreement period; and (ii) ends on 30 June 2008 (including that day); and (c) the second agreement is taken to have effect for the period that: (i) begins on 1 July 2008 (including that day); and (ii) ends at the end of the agreement period. (3) If a child support agreement is taken to be 2 separate agreements under subitem (2), then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the first agreement mentioned in paragraph (2)(b). Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the second agreement mentioned in paragraph (2)(c). (4) The Registrar or a court may make different decisions, or take different actions, in relation to the 2 separate agreements mentioned in subitem (2). Example: The Registrar might refuse to accept the first agreement, while accepting the second agreement. Effect of old law continues in certain cases (5) To avoid doubt, if: (a) an application is made for acceptance of a child support agreement before Division 3 of Part 1 of this Schedule commences; and (b) immediately before that Division commences, the agreement has been neither accepted nor refused by the Registrar; then the Assessment Act, the Registration and Collection Act, the A New Tax System (Family Assistance) (Administration) Act 1999 and the Social Security Act 1991, as in force immediately before 1 July 2008, continue to apply, after that time, in respect of the child support agreement. Definition of agreement period (6) In this item: agreement period, for a child support agreement covered by subitem (1), means the period for which the child support agreement has effect. 73A Application of amendments in relation to court orders (1) The amendments made by this Schedule (other than item 58) apply (subject to subitem (2)) in respect of an application made to a court for an order if: (a) the application is made after Division 3 of Part 1 of this Schedule commences; and (b) the application relates to a period that ends on or after 1 July 2008. Applications that span 1 July 2008 (2) If the application relates to a period that begins on a day (the first day) before 1 July 2008, then: (a) the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, apply in relation to the period mentioned in paragraph (b), in relation to the following: (i) making an order in response to the application; (ii) any appeal to another court in relation to an order made in response to the application; (iii) any decision or action taken by the Registrar in relation to an order made in response to the application; and (b) for the purposes of paragraph (a), the period is the period that: (i) begins on the first day (including that day); and (ii) ends on 30 June 2008 (including that day). Note: Those Acts as in force on and after 1 July 2008 apply, under subitem (1), in respect of the period that begins on 1 July 2008. (3) A court may, in response to an application, make different orders for: (a) the period that ends on 30 June 2008; and (b) the period that begins on 1 July 2008. (4) The Registrar may make different decisions, and take different actions, in relation to different orders made in response to an application. Effect of old law continues in certain cases (5) To avoid doubt, if: (a) an application is made to a court before Division 3 of Part 1 of this Schedule commences; and (b) immediately before that Division commences, the application has not been finally dealt with by the court; then the Assessment Act and the Registration and Collection Act, as in force immediately before 1 July 2008, continue to apply after that time in relation to the following: (c) making an order in response to the application; (d) any appeal to another court in relation to an order made in response to the application; (e) any decision or action taken by the Registrar in relation to an order made in response to the application. 74 Registrar to review all agreements (1) Before 1 July 2008, the Registrar must: (a) review every child support agreement made before that day that will be in force: (i) immediately before that day; or (ii) after that day; and (b) determine in writing whether each such agreement is: (i) to be taken to be a binding child support agreement; or (ii) to be terminated. (2) If, in accordance with subitem 73(5), the Registrar accepts a child support agreement on or after 1 July 2008 under the Assessment Act as in force immediately before that day, the Registrar must: (a) review the agreement; and (b) determine in writing whether the agreement is: (i) to be taken to be a binding child support agreement; or (ii) to be terminated. (3) After the Registrar makes a determination under subitem (1) or (2), the Registrar must serve notice in writing of the determination on each of the parties to the agreement. (4) The notice must include, or be accompanied by, a statement to the effect: (a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision); and (b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may apply, subject to that Act, to the SSAT for review of the later decision. (5) A contravention of subitem (4) in relation to a decision does not affect the validity of the decision. 75 Effect of determinations Effect of determinations (1) If the Registrar makes a determination under subparagraph 74(1)(b)(i) or (2)(b)(i), then, for the purposes of the Assessment Act and the Registration and Collection Act, at the time specified in subitem (4) (if the agreement has not been previously terminated): (a) the agreement is taken to be a binding child support agreement; and (b) the amendments made by this Schedule do not affect the continuity of any assessment, in force at that time, of the annual rate of child support that is payable under the agreement. (2) If the Registrar makes a determination under subparagraph 74(1)(b)(ii) or (2)(b)(ii), then, for the purposes of the Assessment Act and the Registration and Collection Act, for any day in a child support period that is on or after the time specified in subitem (4) (if the agreement has not been previously terminated), the agreement is terminated by force of this item. (3) Subitems (1) and (2) do not affect the operation of provisions in an agreement that do not have effect for the purposes of the Assessment Act or the Registration and Collection Act. When determinations take effect (4) For the purposes of subitems (1) and (2), the following time is specified: (a) if the determination is made under subparagraph 74(1)(b)(i)-the time that item 5 of this Schedule commences; (b) otherwise-the latest of the following times: (i) if the decision of the Registrar to make the determination becomes final-at the time when that decision becomes final; (ii) if a decision of the SSAT relating to the Registrar's determination becomes final-at the time when that decision becomes final (within the meaning of subsection 110W(1) of the Registration and Collection Act); (iii) if neither subparagraph (i) nor (ii) applies-at the time when a decision of a court relating to the Registrar's determination becomes final (within the meaning of subsection 110W(2) or (3) of that Act); (iv) at the time when the agreement takes effect. (5) For the purposes of subparagraph (4)(b)(i), a decision of the Registrar becomes final at the end of the period within which an application could have been made to the SSAT under section 80 of the Registration and Collection Act (as it applies because of subitem 74(6) of this Schedule). 76 Delegation (1) The Registrar may, by writing, delegate all or any of his or her powers and functions under item 74 of this Schedule to an SES employee, or acting SES employee, of the Department. (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Registrar. Schedule 8 145 Application (1) The amendments to the A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Schedule apply in relation to the 2008-09 income year and later income years. (2) The amounts referred to in clauses 38C, 38D and 38E of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 84 of this Schedule) are to be indexed in accordance with Schedule 4 to that Act after 19 September 2006 as if item 84 had commenced on that day. Note: Those amounts will first be indexed on 20 September 2006. (3) The amount referred to in clause 38N of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (as inserted by item 84 of this Schedule) is to be indexed in accordance with Schedule 4 to that Act after 30 June 2007 as if item 84 had commenced on that day. Note: That amount will first be indexed on 1 July 2007. 146 Saving determinations If a determination that a child is an FTB child is in force under subsection 42(2), 44(3) or 45(3) of the A New Tax System (Family Assistance) Act 1999 immediately before this item commences, the determination continues in force as if it were a determination that the child is a regular care child made under that subsection, as amended by this Schedule. 147 Saving qualification and rates for double orphan pension (1) This item applies if: (a) immediately before 1 July 2008, a person is receiving a double orphan pension for a young person under the Social Security Act 1991; and (b) on 1 July 2008: (i) the person would (apart from this item) cease to qualify for a double orphan pension for the young person because of the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule; or (ii) the rate of the double orphan pension payable to the person for the young person would (apart from this item) be affected by the amendments to the Social Security Act 1991 made by items 122, 123 and 124 of this Schedule. Continuation of qualification (2) If subparagraph (1)(b)(i) applies, then, on and after 1 July 2008, the person continues to qualify for a double orphan pension for the young person, despite the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule. (3) However, the person ceases to qualify under subitem (2) for a double orphan pension for the young person if: (a) the person would cease to qualify for a double orphan pension for the young person under the Social Security Act 1991 for a reason other than because of the amendments to the A New Tax System (Family Assistance) Act 1999 made by this Schedule; or (b) the rate at which the double orphan pension would be payable to the person for the young person under the Social Security Act 1991 (assuming the person continued to qualify for a double orphan pension for the young person under that Act) becomes equal to or greater than the rate at which the double orphan pension is payable under subitem (4). 157 Application The amendments made by this Part apply to the 2008-09 income year and later income years. Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (No. 82, 2007) Schedule 5 6 Application of item 5 The amendment made by item 5 applies to family tax benefit for the 2006-2007 income year and later income years. 8 Application of item 7 The amendment made by item 7 applies to maintenance income credit balances for registered entitlements at the end of the 2005-2006 income year and later income years. 14 Application of items 9 to 13 The amendments made by items 9 to 13 apply to family tax benefit for the 2000-2001 income year and later income years. 22 Application of this Division The amendments made by this Division apply to family tax benefit for the 2007-2008 income year and later income years. Schedule 6 7 Application The amendments made by this Part apply to claims for payment of baby bonus made after this item commences. 10 Application The amendments made by this Part apply to claims for payment of baby bonus made in relation to children born on or after 1 July 2007. 37 Application (1) The amendments made by items 11 to 36 of this Schedule apply to claims for payment of baby bonus made on or after 1 July 2007. (2) If: (a) a claim for payment of maternity payment is made before 1 July 2007; and (b) the Secretary has not determined the claim by that time; the claim is taken to be a claim for payment of baby bonus. Schedule 7 2 Application of item 1 The amendment made by item 1 of this Schedule applies in relation to an individual whose deployment outside Australia, as mentioned in subsection 63A(4) of the A New Tax System (Family Assistance) Act 1999 (as added by that item), starts on or after the day that item commences. Families, Community Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 (No. 113, 2007) Schedule 1 23 Items 5, 6 and 12 The amendments made by items 5, 6 and 12 of this Schedule apply in relation to income years ending after 30 June 2006. 24 Items 7 and 8 The amendments made by items 7 and 8 of this Schedule apply in relation to sessions of care provided on or after 1 July 2007. Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (No. 118, 2007) The Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (No. 118, 2007) was modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 (SLI 2009 No. 82). The modifications are not incorporated in this compilation. Schedule 1 91 Application day (1) In this Part: application day means: (a) 1 July 2009, unless an earlier or later day is determined by the Secretary under subitem (2) or (3); or (b) if an earlier day is determined by the Secretary under subitem (2) for an approved child care service, then for that service-the earlier day; or (c) if a later day is determined by the Secretary under subitem (3) for an approved child care service, then for that service-the later day. (2) The Secretary may determine a day that falls on or after 1 July 2007 but before 1 July 2009 as the application day for a specified approved child care service. (3) The Secretary may determine a day that falls after 1 July 2009 as the application day for a specified approved child care service, if the Secretary is satisfied that the service will be unable to satisfy the requirements imposed under the amendments made by this Schedule on 1 July 2009 because of technical difficulties, that are beyond the control of the service, in accessing the electronic interface by which those requirements are to be met. 92 Electronic communications For the purposes of section 4 of the A New Tax System (Family Assistance) (Administration) Act 1999, this Part is taken to form part of the family assistance law. 93 Application The amendments made by this Schedule apply: (a) to the extent that the amendments relate to the enrolment of a child for care by an approved child care service, or enrolment advances-to enrolments that occur on or after the application day for the service; or (b) otherwise-to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the application day for the service. Note: The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999, as they were in force immediately before the commencement of this Schedule, continue to apply to sessions of care provided by an approved child care service in a week starting before or on that application day. 94 Children already enrolled on application day If a child is already enrolled for care by an approved child care service on the application day for the service: (a) the service must give the Secretary notice of the enrolment in accordance with sections 219A to 219AB, inserted by item 82, within 7 days after the application day; and (b) the amendments made by this Schedule otherwise apply in relation to the enrolment in the same way as they would apply if it had taken place after the application day. 95 Notification of email address (1) It is a condition for the continued approval of an approved child care service that the service notify the Secretary of the service's email address within 7 days after the application day for the service. (2) The service is taken to have complied with subitem (1) if the service notifies the Secretary of its email address before the application day, and the service's email address does not change between notification and the application day. (3) Notice must be given in the form, and in the manner or way, approved by the Secretary. 96 Obligation to give reports to Secretary for sessions of care before application day If the application day for an approved child care service falls within a reporting period for the service, the service must comply with section 219N of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of that reporting period as if: (a) subsection 219N(1) referred to subsection (3) or (4), and not subsection (3), (4) or (5); and (b) the reference in paragraph 219N(2)(a) to subsection 219P(4) of that Act were a reference to that subsection as in force immediately before the commencement of this Schedule; and (c) the reference in paragraph 219N(3)(c) to section 219A of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and (d) the reference in paragraph 219N(4)(a) to section 219B of that Act were a reference to that section as in force immediately before the commencement of this Schedule; and (e) the reference in subsections 219N(3) and (4) to "each week of the reporting period" were a reference to "each session of care in the reporting period that falls before the service's application day under Part 2 of Schedule 1 of the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007"; and (f) subsection 219N(5) were repealed. 96A Recovering excess advances paid to approved child care service but not fully recouped before application day (1) This item applies if: (a) under section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, a comparison is or has been made of the following amounts relating to an approved child care service and a reporting period ending before the application day for the service: (i) the amount of the advance determined by the Secretary under section 219Q of that Act, as in force before the commencement of this Schedule, in respect of the service and the period; (ii) the amount passed on by the service in reduced fees during the period; and (b) the amount of the advance exceeds the amount passed on. (2) So much of the excess as is not offset as required by section 219S of the Family Assistance Administration Act, as in force before the commencement of this Schedule, before the application day for the service becomes a debt due to the Commonwealth by the service on: (a) the application day for the service; or (b) if the comparison is made after the application day for the service-the day the comparison is made. (3) Subsection 82(2) of the Family Assistance Administration Act (as amended by this Schedule) applies in respect of the recovery of the debt (as if it were a debt as defined in subsection 82(3) of that Act). (4) Division 4 (Non-recovery of debts) of Part 4 of the Family Assistance Administration Act applies in relation to the debt as if it were a debt recoverable by the Commonwealth under Division 2 of that Part. (5) The debt is discharged if: (a) item 97A applies because of the comparison; and (b) another comparison is made under that item in relation to the same approved child care service and the same period. Note: A new debt may be created by item 97A as a result of the comparison under that item. (6) In this item: item 97A means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition. 97 Acquittal of advances paid to approved child care service before application day (1) This item applies in relation to: (a) each approved child care service in respect of which there has been no acquittal under section 219S of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, of advances paid during a reporting period before the closing day (a relevant period); and (b) for the reporting period in which the application day for an approved child care service falls-so much of the reporting period as falls before the application day (a relevant period). (2) The Secretary must compare the amount of the advance determined by the Secretary under section 219Q of the Family Assistance Administration Act, as in force immediately before the commencement of this Schedule, in respect of the service and each relevant period with the amount passed on by the service in reduced fees during that period, in compliance with sections 219A and 219B of that Act, as in force immediately before commencement of this Schedule. (3) In comparing the 2 amounts, the Secretary may assume that an approved child care service that does not comply with: (a) subsection 219N(1), paragraph 219N(2)(b), and subsections 219N(3) and (4), as in force immediately before the commencement of this Schedule, in relation to a relevant period mentioned in paragraph (1)(a) of this item; or (b) item 96 in relation to a relevant period mentioned in paragraph (1)(b) of this item; has not passed on any amount in reduced fees during the period. (4) If the amount of the advance is more than the amount of the reduced fees: (a) the difference in the amounts is a debt due to the Commonwealth by the service; and (b) subsection 82(2) of the Family Assistance Administration Act applies in respect of the recovery of that debt. (5) If the amount of the advance is less than the amount of the reduced fees, the difference in the amounts is to be paid to the credit of a bank account nominated and maintained by the service. (6) The Secretary must give notice of any debt arising under subitem (4), or any payment made under subitem (5), to the service. (7) The notice must be given in the form, and in the manner or way, approved by the Secretary. (8) In this item: closing day, in relation to an approved child care service, means the last day of the second reporting period immediately following the reporting period in which the service's application day falls. 97B Debts arising under this Part may be set off against payments required by this Part (1) A debt arising under item 96A, item 97 or item 97A may be recovered (wholly or partly) by setting the debt off against a payment required by: (a) item 97 or item 97A; or (b) section 219S of the Family Assistance Administration Act as in force before the commencement of this Schedule. (2) This item does not limit, and is not limited by, subsection 82(2) of the Family Assistance Administration Act as in force after the commencement of this Schedule. (3) In this item: item 97A means item 97A of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009. 97C Payments under items 97 and 97A subject to set off (1) Subitem 97(5) and subitem 97A(5) are subject to: (a) paragraph 82(2)(a) of the Family Assistance Administration Act (about set off of debts); and (b) subsection 219QA(3) of that Act (about set off where amount of applicable fee reduction reduced on recalculation); and (ba) subsection 219QD(3) of that Act (about set off where amount of weekly child care rebate reduced on recalculation); and (c) section 219RC of that Act (about set off of enrolment advances); and (d) section 219RE of that Act (about set off of business continuity payments). (2) In this item: subitem 97A(5) means subitem 97A(5) of this Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009. 98 Notice where individual not conditionally eligible and approved child care service not eligible (1) This item applies: (a) in relation to each of the following periods: (i) for the reporting period in which the application day for an approved child care service falls-so much of the reporting period as falls before the application day (a relevant period); (ii) each earlier reporting period determined by the Secretary for the approved child care service (a relevant period); and (b) if, in respect of a child to whom the service provides care during the relevant period: (i) a determination under section 50F that an individual is conditionally eligible for child care benefit by fee reduction for care provided to the child is not in force in respect of any individual and that child when the service provides the care; and (ii) the service is not eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for the care. (2) The service must give the Secretary a report in the manner provided in subitem (3), stating the following matters in respect of the child and each week, or part of a week, that falls within the relevant period: (a) the name of the child; (b) the number of hours of care in the sessions of care in respect of which the service would be required, under section 219A of the Family Assistance Administration Act in item 1 of the table, as in force immediately before the commencement of this Schedule, to reduce fees if a determination of conditional eligibility under section 50F was in force in respect of an individual and the child when the care was provided, if the service has charged for those hours of care; (c) any other information required by the Secretary in the form. (3) The report must be given: (a) to the Secretary either: (i) by the end of the second financial year immediately following the financial year in which the application day falls; or (ii) if the Secretary requests the service to give the report earlier-within 30 days after that request is made; and (b) in the form, and in the manner or way, approved by the Secretary under paragraph 219N(2)(b), as in force immediately before the commencement of this Schedule. (4) The request must be made in the form, or in the manner or way, approved by the Secretary. (5) If an approved child care service is required to give a report under this item for a relevant period, it is not required to give a report under section 219N, as in force immediately before the commencement of this Schedule, containing the information set out in subsection (5) of that section, for that period. However, it is a condition for the continued approval of the service that the service comply with this item. 99 Information other than protected information obtained for the purposes of the Child Care Management System Pilot (1) A person may obtain information other than protected information for the purposes of the Child Care Management System Pilot. (2) A person must not: (a) make a record of information, other than protected information, obtained for the purposes of the Child Care Management System Pilot; or (b) disclose such information to any person; or (c) otherwise use such information; unless that action: (d) is done for the purposes of the Child Care Management System Pilot; or (e) is otherwise authorised by law. Penalty: 2 years imprisonment. (3) Despite any other law, an approved child care service, or a person engaged in the conduct of an approved child care service, may: (a) make a record of personal information held in the records of the service or person, in relation to a child to whom the service provides care, or an individual who has enrolled a child for care by the service; or (b) disclose such information to any person; or (c) otherwise use such information; for the purposes of the Child Care Management System Pilot. (4) In this item: personal information has the same meaning as in the Privacy Act 1988. 100 Saving provision in relation to item 2 A determination in force immediately before the commencement of item 2 specifying circumstances as permitted circumstances for the purposes of subparagraph 10(2)(b)(iv) of the Family Assistance Act continues in force on and after the application day in respect of an approved child care service, as if it were a determination specifying those circumstances as permitted circumstances for the purposes of subparagraph 10(3)(c)(iv) of that Act. 101 Transitional regulations The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions, and prescribing any modification or adaptation of this Act, the Family Assistance Act or the Family Assistance Administration Act) relating to the amendments made by this Act. 102 Appropriation The Consolidated Revenue Fund is appropriated for the purposes of making payments under this Part. Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 (No. 183, 2007) Schedule 5 5 Application The amendments made by this Schedule apply to multiple birth allowance included in an individual's Part A rate, on or after 1 January 2008, for the 2007-2008 income year or a later income year. Family Assistance Legislation Amendment (Child Care Budget and Other Measures) Act 2008 (No. 53, 2008) Schedule 1 63 Application The amendments made by this Schedule apply in relation to care provided by an approved child care service to a child on or after 7 July 2008. Schedule 2 5 Application of item 1 The amendment made by item 1 applies in relation to care provided by an approved child care service to a child on or after 1 July 2008. 32 Application The amendments made by this Part apply in relation to care provided by an approved child care service to a child on or after 1 July 2008. 33 Definitions In this Division: Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999. Assistance Act means the A New Tax System (Family Assistance) Act 1999. 34 When this Division applies This Division applies if: (a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a quarter; and (b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) has not happened before the last week that falls wholly or partly in the quarter. 35 Changed effect of the Assistance Act (1) The Assistance Act has effect in relation to that care as if paragraph 57EA(1)(d) of that Act were as follows: (d) the service has calculated an amount of fee reductions under section 219A of the Family Assistance Administration Act applicable to the individual and the child for at least one of those sessions of care provided in the week; and (2) The Assistance Act has effect in relation to that care as if note 3 at the end of subsection 57EA(1) of that Act were omitted. (3) The Assistance Act has effect in relation to that care as if the total amount to be worked out under step 2 of the method statement in section 84AA of that Act also included so much of the fee reductions: (a) reported under subsection 219N(1) or 219P(1) of the Family Assistance Administration Act; and (b) made in respect of the individual and the child; as are attributable to each base week in the quarter. Note: Those fee reductions may be nil (see section 4A of the Administration Act (as replaced by subitem 36(1))). (4) The Assistance Act has effect in relation to that care as if subsection 84AB(3) of that Act were as follows: If fee reduction applies, count unreduced amount of fees (3) If fees for child care by an approved child care service have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act, then for the purposes of this section, a reference to the fees for which the individual, or the individual's partner, is liable is taken to be a reference to the fees for which the individual, or the individual's partner, would have been liable for the care if they had not been so reduced. 36 Changed effect of the Administration Act (1) The Administration Act has effect in relation to that care as if section 4A of that Act were as follows: 4A Rate and amount of CCB by fee reduction may be zero For the purposes of this Act and the Family Assistance Act: (a) a rate calculated under column 2 of the table in section 219A may be a zero rate; and (b) an amount calculated under column 2 of the table in section 219A may be a nil amount. (2) The Administration Act has effect in relation to that care as if the following paragraph were inserted after paragraph 65EAA(1)(b) of that Act: ; and (c) the Secretary is given a report under subsection 219N(1) or 219P(1) in respect of the individual and the child for at least one session of care provided to the child during a week for which the individual is so eligible for child care rebate in respect of the child; 37 Interpretation (1) In this Division: Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999. Assistance Act means the A New Tax System (Family Assistance) Act 1999. (2) For the purposes of this Division, section 219N of the Administration Act applies with the effect it has under item 96 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007. 38 When this Division applies This Division applies if: (a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a quarter; and (b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) happens during the quarter (other than during the last week that falls wholly or partly in the quarter). 39 Changed effect of the Assistance Act (1) The Assistance Act has effect in relation to that care as if subsection 3(1) of that Act included the following definition: application day, for an approved child care service, has the meaning given by item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007. (2) The Assistance Act has effect in relation to that care as if paragraph 57EA(1)(d) of that Act were as follows: (d) either: (i) if the week falls before or includes the service's application day-the service has calculated an amount of fee reductions under section 219A of the Family Assistance Administration Act applicable to the individual and the child for at least one of those sessions of care provided in the week; or (ii) if the week falls wholly after the service's application day- the Secretary has calculated an amount of fee reduction under subsection 50Z(1) of the Family Assistance Administration Act in respect of the individual and the child for at least one of those sessions of care provided in the week; and (3) The Assistance Act has effect in relation to that care as if note 3 at the end of subsection 57EA(1) of that Act were as follows: Note 3: For the purposes of subparagraph (d)(ii), it does not matter if the amount is later recalculated under subsection 50ZA(1) of the Family Assistance Administration Act. (4) The Assistance Act has effect in relation to any sessions of that care that were provided in a base week in the quarter, where the week falls before or includes the service's application day, as if the total amount to be worked out under step 2 of the method statement in section 84AA of that Act for the quarter also included so much of the fee reductions: (a) reported under subsection 219N(1) or 219P(1) of the Family Assistance Administration Act; and (b) made in respect of the individual and the child; as are attributable to that base week. Note 1: Those fee reductions may be nil (see section 4A of the Administration Act (as replaced by subitem 40(1))). Note 2: The normal application of step 2 of that method statement will include in the total amount the fee reductions calculated in respect of care provided in base weeks falling wholly after the service's application day. Those fee reductions may also be nil (see section 4A of the Administration Act as it applies to the service in the weeks after its application day). (5) The Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if subsection 84AB(3) of that Act were as follows: If fee reduction applies, count unreduced amount of fees (3) If: (a) an approved child care service provides care to the child; and (b) fees for the care have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act; then for the purposes of this section, a reference to the fees for which the individual, or the individual's partner, is liable is taken to be a reference to the fees for which the individual, or the individual's partner, would have been liable for that care if they had not been so reduced. 40 Changed effect of the Administration Act (1) The Administration Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if section 4A of that Act were as follows: 4A Rate and amount of CCB by fee reduction may be zero For the purposes of this Act and the Family Assistance Act: (a) a rate calculated under column 2 of the table in section 219A may be a zero rate; and (b) an amount calculated under column 2 of the table in section 219A may be a nil amount. (2) The Administration Act has effect in relation to that care as if the following paragraph were inserted after paragraph 65EAA(1)(b) of that Act: ; and (c) if the individual is so eligible in relation to at least one session of care provided by an approved child care service in a week falling before, or including, the service's application day-the Secretary is given a report under subsection 219N(1) or 219P(1) in respect of the individual and the child for the care; Schedule 5 27 Application-amendments about CCMS The amendments made by items 2, 4 and 6 apply in relation to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007). 28 Application-amendment about further CCTR determinations The amendment made by item 3 applies in relation to care provided by an approved child care service to a child on or after 1 July 2006. Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (No. 63, 2008) 4 Review of operation of amendments (1) The Minister must cause an independent review of the operation of the amendments made by this Act to be undertaken and completed by 30 June 2010. (2) The persons who undertake the review under subsection (1) must give the Minister a written report of the review. (3) The Minister must cause a copy of the report of the review under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister. (4) The review must be conducted by a panel of not less than 5 persons, of which at least: (a) 3 persons must be nominated by relevant key stakeholder organisations; and (b) 2 persons must be nominated by the Minister. Schedule 1 7 Application (1) The amendments made by items 1 to 3 apply in relation to the 2008-09 income year and later income years. (2) The amendment made by item 6 applies in relation to the indexation day that is 1 July 2009 and all later indexation days. Schedule 2 22 Application (1) The amendments made by items 1 to 11 and 16 to 21 apply in relation to: (a) so far as those amendments relate to subsection 36(2) of the A New Tax System (Family Assistance) Act 1999-children born on or after 1 January 2009; and (b) so far as those amendments relate to subsection 36(3) of that Act-children entrusted to care on or after 1 January 2009; and (c) so far as those amendments relate to subsection 36(4) of that Act-children delivered on or after 1 January 2009; and (d) so far as those amendments relate to subsection 36(5) of that Act-children entrusted to care on or after 1 January 2009. (2) The amendment made by item 12 applies in relation to an individual if the individual mentioned in paragraph 38(a) of the A New Tax System (Family Assistance) Act 1999 is eligible for baby bonus under section 36 of that Act (as amended by this Part). (3) The amendment made by item 13 applies in relation to children delivered on or after 1 January 2009. (4) The amendment made by item 15 applies in relation to the indexation day that is 1 July 2009 and all later indexation days. 36 Application The amendment made by item 35 applies in relation to the indexation day that is 1 July 2009 and all later indexation days. 44 Application The amendments made by items 37, 38 and 43 apply in relation to children entrusted to care on or after 1 January 2009. Schedule 6 9C Application The amendments made by items 9A and 9B apply in relation to the 2008- 09 income year and later income years. Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 (No. 131, 2008) Schedule 4 1 Administrative scheme for economic security strategy payments (1) Subject to this item, a Minister administering the A New Tax System (Family Assistance) Act 1999, the Social Security Act 1991 or the Veterans' Entitlements Act 1986 may, by legislative instrument, determine a scheme under which economic security strategy payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme. (2) The circumstances in which the scheme provides for payments must be circumstances: (a) in which the Minister considers that Part 6 of the A New Tax System (Family Assistance) Act 1999, Part 2.17 of the Social Security Act 1991 or Part VIIG of the Veterans' Entitlements Act 1986 does not produce appropriate results; and (b) occurring in the financial year starting on 1 July 2008. (3) Without limiting the generality of subitem (1), the scheme may deal with the following: (a) the circumstances in which payments are to be made; (b) the amount of the payments; (c) what a person has to do to get a payment; (d) debt recovery; (e) administrative matters, such as determination of entitlement and how and when payments will be made. (4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly. Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008 (No. 143, 2008) Schedule 1 12 Application and transitional-eligibility for maternity immunisation allowance Usual case (1) Subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999 applies in relation to: (a) children born on or after the commencement of this item; and (b) children born before the commencement of this item, other than children in respect of whom the Secretary had determined, before that commencement, maternity immunisation allowance was to be paid, based on eligibility for the allowance under subsection 39(2) of that Act or section 40 of that Act (so far as it relates to that subsection). Child dies within 5 years of birth (2) The amendment made by item 5 applies in relation to deaths occurring on or after the commencement of that item. Adoption of children born outside Australia (3) Subsections 39(5) and (6) of the A New Tax System (Family Assistance) Act 1999 apply in relation to: (a) processes for adoptions beginning before, on or after the commencement of this item; and (b) arrivals in Australia occurring on or after 1 July 2006. (4) Paragraph 39(5)(e) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "the day the child turns 4" were a reference to "1 January 2011". (5) Subsection 39(6) of the A New Tax System (Family Assistance) Act 1999, insofar as it relates to subsection 39(8) of that Act, applies as if a reference in subparagraphs 39(6)(d)(i) and (ii) of that Act to "the child so arrives on a day that is after the child turns 3 and before the child turns 16" included a reference to "the child so arrives on or after 1 July 2006 and before 1 January 2009 and so arrives on the day the child turns 3 or an earlier day". (6) Paragraph 39(7)(a) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that paragraph to "within the last 6 months of the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)" were a reference to "that is at least 18 months after the day of the arrival mentioned in paragraph (6)(d) and is before 1 January 2011". (7) Subsection 39(8) of the A New Tax System (Family Assistance) Act 1999 applies in relation to a child arriving in Australia on or after 1 July 2006 and before 1 January 2009 as if the reference in that subsection to "within the period of 2 years beginning on the day of the arrival mentioned in paragraph (6)(d)" were a reference to "before 1 January 2011". (8) Subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 applies in relation to: (a) processes for adoptions beginning before, on or after the commencement of this item; and (b) deaths occurring on or after 1 July 2006. 13 Application and transitional-amount of maternity immunisation allowance (1) Paragraph 67(2)(a) of the A New Tax System (Family Assistance) Act 1999, to the extent it relates to subsection 39(2) of that Act or section 40 of that Act (so far as it relates to subsection 39(2) of that Act) applies in relation to: (a) claims for payment of maternity immunisation allowance made on or after the commencement of this item; and (b) claims for payment of maternity immunisation allowance made before that commencement that had not been determined by the Secretary before that commencement. (2) If: (a) the Secretary determines that an individual is entitled to be paid maternity immunisation allowance for a child based on eligibility for the allowance under subsection 39(5) of the A New Tax System (Family Assistance) Act 1999 or section 40 of that Act (so far as it relates to that subsection); and (b) the day of the arrival mentioned in paragraph 39(5)(d) of that Act was before 1 January 2009; then: (c) the amount of the allowance in respect of the child is the amount under subsection 67(1) of that Act; and (d) paragraph 67(4)(a) of that Act is taken to be satisfied in relation to that amount. (3) If, before the commencement of this item, the Secretary determined that an amount of maternity immunisation allowance under section 67 of the A New Tax System (Family Assistance) Act 1999 was to be paid in respect of a child, no further amount of maternity immunisation allowance is to be paid in respect of the child after that commencement. 14 Application and transitional-claims for maternity immunisation allowance (1) If: (a) an individual made a claim for maternity immunisation allowance before the commencement of this item based on eligibility for the allowance under subsection 39(2) of the A New Tax System (Family Assistance) Act 1999; and (b) the claim had not been determined by the Secretary before that commencement; the individual is also taken to have made a claim for maternity immunisation allowance, based on eligibility for the allowance under subsection 39(2A) of the A New Tax System (Family Assistance) Act 1999, on 1 January 2009. (2) If: (a) an individual: (i) is eligible for maternity immunisation allowance under subsection 39(5) or (6) of the A New Tax System (Family Assistance) Act 1999 in respect of an arrival in Australia that occurred before 1 January 2009; or (ii) is eligible for maternity immunisation allowance under subsection 39(9) of the A New Tax System (Family Assistance) Act 1999 in respect of a death that occurred before 1 January 2009; and (b) the individual makes a claim for the allowance before 1 January 2011; and (c) apart from this subitem, subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 would apply to make the claim not effective; then subsection 39(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to the claim. Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008 (No. 149, 2008) Schedule 1 34 Payments to which amendments apply The amendments made by Part 1 of this Schedule apply in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by this Act) whether it is claimed, or granted, before, on or after the day on which the amendments commence. Household Stimulus Package Act (No. 2) 2009 (No. 4, 2009) Schedule 4 1 Administrative scheme for household stimulus payments (1) Subject to this item, a Minister administering: (a) the A New Tax System (Family Assistance) Act 1999; or (b) the Social Security Act 1991; or (c) the Farm Household Support Act 1992; or (d) the Veterans' Entitlements Act 1986; may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme. (2) The circumstances in which the scheme provides for payments must be: (a) circumstances: (i) in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and (ii) that occur in the financial year starting on 1 July 2008; or (b) circumstances: (i) in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and (ii) that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act. (3) Without limiting the generality of subitem (1), the scheme may deal with the following: (a) the circumstances in which payments are to be made; (b) the amount of the payments; (c) what a person has to do to get a payment; (d) debt recovery; (e) administrative matters, such as determination of entitlement and how and when payments will be made. (4) Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999) aged 19 or 20 on 3 February 2009. (5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly. Tax Laws Amendment (2009 Measures No. 1) Act 2009 (No. 27, 2009) Schedule 3 102 Application (1) The amendments made by this Schedule apply in relation to income years starting on or after 1 July 2009. (2) However, the amendments do not apply in relation to the following: (a) a claim for baby bonus (within the meaning of the A New Tax System (Family Assistance) Act 1999) if an estimate contained in the claim is for a period beginning before 1 July 2009; Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 (No. 48, 2009) Schedule 1 13 Saving-effect of maintenance income on family tax benefit rate Despite the repeal of subclause 20(3) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 made by this Schedule, that subclause, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims made before that commencement. Family Assistance Legislation Amendment (Child Care) Act 2009 (No. 50, 2009) Schedule 1 42 Operation of laws (1) If, before the commencement of item 1 of this Schedule (the commencement time), a thing was done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done in relation to child care rebate. (2) If, before the commencement time, a thing was omitted to be done in relation to child care tax rebate, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the omission is taken to have happened in relation to child care rebate. (3) Subitems (1) and (2) do not have the effect of changing the time at which the thing was actually done or omitted to have been done. (4) The Minister may, by writing, determine either or both of the following: (a) that subitem (1) does not apply in relation to a specified thing done; (b) that subitem (2) does not apply in relation to a specified thing omitted to have been done. A determination under this subitem has effect accordingly. (5) A determination under subitem (4) is not a legislative instrument. (6) For the purposes of this item: doing a thing includes making an instrument. omitting to do a thing includes failing to make an instrument. 43 References in instruments (1) If: (a) an instrument was in force immediately before the commencement time; and (b) the instrument refers to child care tax rebate (including by way of abbreviation); the reference has effect after the commencement time as if it were a reference to child care rebate. (2) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified reference. A determination under this subitem has effect accordingly. (3) A determination under subitem (2) is not a legislative instrument. Schedule 2 20 Application (1) The amendments made by this Schedule (other than by items 15 to 18 of this Schedule) apply in relation to care provided by an approved child care service to a child on or after 1 July 2007. (2) The amendments made by items 15 to 18 of this Schedule apply in relation to each application made on or after the commencement of those items: (a) under section 109A, 111 or 142 of the A New Tax System (Family Assistance) (Administration) Act 1999; and (b) for review of a decision relating to an individual's entitlement to child care benefit. 21 Transitional-service's application day happens after the period for which child care rebate is applicable (1) This item applies if: (a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a rebate period (within the meaning of section 84DA of the Family Assistance Act); and (b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) has not happened before the last week that falls wholly or partly in that period. (2) The Family Assistance Act has effect in relation to that care as if subsection 84DB(3) of that Act were as follows: If fee reduction applies, count unreduced amount of fees (3) If fees for child care by an approved child care service have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act, then for the purposes of this section, a reference to the fees for which: (a) the deceased individual; or (b) the deceased individual's partner; is liable, is taken to be a reference to the fees for which the deceased individual, or the deceased individual's partner, would have been liable if they had not been so reduced. 22 Transitional-service's application day happens during the period for which child care rebate is applicable (1) This item applies if: (a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a rebate period (within the meaning of section 84DA of the Family Assistance Act); and (b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) happens during that period (other than during the last week that falls wholly or partly in that period). (2) The Family Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if subsection 84DB(3) of that Act were as follows: If fee reduction applies, count unreduced amount of fees (3) If fees for child care by an approved child care service have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act, then for the purposes of this section, a reference to the fees for which: (a) the deceased individual; or (b) the deceased individual's partner; is liable, is taken to be a reference to the fees for which the deceased individual, or the deceased individual's partner, would have been liable if they had not been so reduced. Schedule 5 3 Application The amendments made by this Part apply in relation to the last quarter of the 2008-09 income year and of later income years. Family Assistance Legislation Amendment (Participation Requirement) Act 2009 (No. 129, 2009) Schedule 1 13 Application (1) If a claim for the payment of family tax benefit by instalment is made on or after 1 January 2010, the amendments made by Part 1 of this Schedule apply for the purposes of working out the claimant's entitlement to the payment of family tax benefit by instalment. (2) If a claim for the payment of family tax benefit by instalment is made before 1 January 2010, the amendments made by Part 1 of this Schedule apply for the purposes of working out the claimant's entitlement to the payment of family tax benefit by instalment for a day that falls on or after 1 July 2010. (3) The amendments made by Part 1 of this Schedule apply to the payment of family tax benefit for a past period to the extent that the period falls on or after 1 January 2010. 14 Obtaining information during the transition period (1) If the Secretary considers that information or a document that is in a person's custody or under a person's control may be relevant to whether an individual will satisfy or be exempt from the FTB activity test on 1 July 2010, the Secretary may require the person to give the information or produce the document during the transition period to a specified agency. (2) The A New Tax System (Family Assistance) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999 apply as if this item were a requirement under Division 1 of Part 6 of the A New Tax System (Family Assistance) (Administration) Act 1999. (3) The transition period is the period beginning at the start of 1 January 2010 and ending at the end of 30 June 2010. Family Assistance Legislation Amendment (Child Care) Act 2010 (No. 34, 2010) Schedule 5 8 Comparisons of amounts of advances and amounts passed on (1) This item applies if, before the commencement of this item, an officer (within the meaning of the Family Assistance Administration Act) did either or both of the following without authority from the Secretary: (a) compared the amounts described in subitem (2) of item 97, or of item 97A, of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007; (b) gave notice purporting to be notice of: (i) a debt arising under subitem (4) of item 97, or of item 97A, of that Schedule; or (ii) a payment under subitem (5) of item 97, or of item 97A, of that Schedule. (2) Whichever of those items is relevant applies, and is taken always to have applied, in relation to what the officer did as if it had been done by the Secretary. (3) In this item: item 97A of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 means item 97A of that Schedule as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009 as in force at the commencement of this definition. Schedule 6 2 Application The amendment made by item 1 applies in relation to payments made on or after the commencement of that item. Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 (No. 45, 2010) Schedule 1 7 Application provision (1) Sections 47 and 47AB of the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Schedule apply in relation to claimants who have been determined before, on or after the commencement of this Schedule to be entitled to be paid baby bonus. (2) Sections 47AA and 47AB of the A New Tax System (Family Assistance) (Administration) Act 1999 as amended by this Schedule apply in relation to claimants who have been determined before, on or after the commencement of this Schedule to be entitled to be paid maternity immunisation allowance. 8 Transitional provisions (1) The Secretary may give a direction under subsection 47(3) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Schedule, in relation to a claimant who: (a) has been determined before the commencement of this Schedule to be entitled to be paid baby bonus; and (b) has been determined under subsection 47(9) of that Act (as amended by this Schedule) to have weekly instalment periods. (2) Subparagraph 38(c)(ii) of the A New Tax System (Family Assistance) Act 1999 applies on and after the commencement of this Part as if a reference in that subparagraph to subsection 47(1), (2) or (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 included a reference to: (a) subsection 47(1AA) or (4A) of that Act as in force immediately before that commencement; and (b) subsection 47(1A), (2), (3) or (5) of that Act as in force immediately before 1 January 2009. (3) A direction that is described in column 1 of an item of the table and was in force immediately before the commencement of this Part has effect on and after that commencement as if it were a direction described in column 2 of the item that had been given at that commencement. |Transitional provision for directions | |Item |Column 1 |Column 2 | | |Direction under |Direction under the A | | |section 47 of the A New |New Tax System (Family | | |Tax System (Family |Assistance) | | |Assistance) |(Administration) Act | | |(Administration) Act |1999 as amended by this | | |1999 as in force |Part | | |immediately before | | | |commencement | | |1 |Direction under |Direction under | | |subsection 47(1AB) |subsection 47(5) | |2 |Direction under |Direction under | | |subsection 47(4A), so |subsection 47(3) | | |far as it relates to | | | |amounts or timing of | | | |payments | | |3 |Direction under |Direction under | | |subsection 47(4A), so |subsection 47(5) | | |far as it relates to the| | | |making of a payment by | | | |means other than paying | | | |to the credit of a bank | | | |account nominated and | | | |maintained by the | | | |claimant | | |4 |Direction under |Direction under | | |subsection 47(5) |subsection 47AA(2) | |5 |Direction under |Direction under | | |subsection 47(6) |subsection 47(6) | Paid Parental Leave (Consequential Amendments) Act 2010 (No. 105, 2010) Schedule 2 1 Employer determination made where expected or actual date of birth is before 1 July 2011 (1) The Paid Parental Leave Act 2010 applies, with the modifications set out in this item, in relation to a person who has made a claim for parental leave pay for a child, if: (a) for a claim made before the day the child is born-the expected date of birth of the child is before 1 July 2011; or (b) for a claim made after the child is born-the day the child is born is before 1 July 2011. Note: For a claim made before the day the child is born, see subitem (9) if the expected date of birth of the child is before 1 July 2011, but the child is born on or after that date. (2) Section 101 of that Act (and the other provisions of that Act so far as they relate to that section) applies in relation to the person as if subsections (1) and (2) of that section were omitted and the following subsection substituted: (1) The Secretary must make a determination under this section (the employer determination) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that: (a) a payability determination that parental leave pay is payable to the person, or an initial eligibility determination for the person, is in force; and (b) the employer has made an election under section 109 that applies to the person; and (c) the person has consented in the claim to the employer paying instalments to the person; and (d) the person is likely to be an Australian-based employee of the employer during whichever of the following periods applies: (i) if the Secretary has made a payability determination that parental leave pay is payable to the person-the person's PPL period; (ii) otherwise-the period of days for which instalments are likely, if the determination is made, to be payable to the person by the employer; and (e) the employer has an ABN; and (f) if paragraphs (b) to (e) are satisfied in relation to more than one employer of the person-the person nominated the employer in the claim as the employer who would be required to pay instalments to the person. (3) For the purposes of this item, an employer determination made under subsection 101(1), as that subsection applies because of subitem (2) of this item, is a transitional employer determination. (4) The following provisions of that Act do not apply in relation to a transitional employer determination: (a) section 103 (which deals with responding to a notice of an employer determination); (b) subsection 107(2) (which deals with when an employer determination comes into force); (c) subsections 207(3) and 224(1) (which deal with applying for review of employer determination decisions). (5) Within 14 days after the date of the notice given under section 102 of that Act in relation to the transitional employer determination, the employer may give the Secretary a written notice (the acceptance notice) that complies with section 104 of that Act. (6) If the employer gives the acceptance notice to the Secretary within that 14 day period, the transitional employer determination comes into force on the day the Secretary receives the acceptance notice. (7) If the employer does not give the acceptance notice to the Secretary within that 14 day period, the following paragraphs have effect: (a) the Secretary must revoke the transitional employer determination; (b) the revocation comes into force on the day of the revocation; (c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation. (8) The Secretary may extend the 14 day period referred to in subitem (5) in relation to an employer. If the Secretary does so, subitems (6) and (7) have effect accordingly. (9) Despite paragraph (1)(a) and subitem (2) of this item, if the person's child is born on or after 1 July 2011, then the following paragraphs have effect: (a) the Secretary may make an employer determination for the person and the person's employer under section 101 of the Paid Parental Leave Act 2010, as that section applies apart from this item; (b) if the Secretary does so and has previously made a transitional employer determination for the person and the employer, the Secretary is taken never to have made the transitional employer determination. (10) The following provisions of the Paid Parental Leave Act 2010, apply in relation to this item as if it were a provision of that Act: (a) section 275 (which deals with how that Act applies to an adopted child); (b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances). 2 Employer determination made where expected date of birth is on or after 1 July 2011 but child born before that date (1) This item applies if: (a) the Secretary makes an employer determination for an employer and a person under the Paid Parental Leave Act 2010; and (b) the person's claim is made before the day the child is born; and (c) the expected date of birth of the child is on or after 1 July 2011; and (d) the child is born before 1 July 2011; and (e) the person's employer has not made an election under section 109 of that Act that applies to the person. (2) If, after the employer determination is made, the Secretary makes a payability determination that parental leave pay is payable to the person for the child, the notice given to the employer under section 113 of that Act must: (a) state the day the child was born; and (b) be dated as at the date the preparation of the notice was completed; and (c) contain a statement to the effect that the employer determination will be revoked, unless the employer: (i) agrees to being required to pay instalments to the person, even though the child was born before 1 July 2011; and (ii) gives the Secretary a written notice indicating that agreement within 14 days of the date referred to in paragraph (b). (3) If the employer does not give the notice referred to in subparagraph (2)(c)(ii) to the Secretary within that 14 day period, the following paragraphs have effect: (a) the Secretary must revoke the employer determination; (b) the revocation comes into force on the day of the revocation; (c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation; (d) section 103 of that Act (which deals with responding to a notice of an employer determination) is taken to have never applied in relation to the employer determination. (4) The following provisions of that Act apply in relation to this item as if it were a provision of that Act: (a) section 275 (which deals with how that Act applies to an adopted child); (b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances). 3 Eligibility for baby bonus The amendments of section 36 of the A New Tax System (Family Assistance) Act 1999 made by this Act do not affect: (a) an individual's eligibility under subsection 36(2) of that Act for baby bonus in respect of a child who was born before 1 January 2011; or (b) an individual's eligibility under subsection 36(3) of that Act for baby bonus in respect of a child who was entrusted to the person's care before 1 January 2011; or (c) an individual's eligibility under subsection 36(4) of that Act for baby bonus in respect of a child who was delivered before 1 January 2011; or (d) an individual's eligibility under subsection 36(5) of that Act for baby bonus in respect of a child who was entrusted to the person's care before 1 January 2011. 4 Eligibility for maternity immunisation allowance The amendment of section 39 of the A New Tax System (Family Assistance) Act 1999 made by this Act does not affect an individual's eligibility under subsection 39(3) of that Act for maternity immunisation allowance in respect of a child who was delivered before 1 January 2011. Family Assistance Legislation Amendment (Child Care Rebate) Act 2011 (No. 25, 2011) Schedule 1 77 Application The amendments made by this Schedule apply in relation to income years beginning on or after 1 July 2011. 78 Transitional-elections made before 1 July 2011 (1) This item applies if an individual gives the Secretary notice, by the time and in the form and manner or way approved by the Secretary, electing to have child care rebate in respect of the individual and a child for care provided for the child in the 2011-2012 income year paid in one of the following ways: (a) weekly into a bank account maintained by the individual alone or jointly or in common with someone else; (b) weekly to one or more approved child care services; (c) quarterly into a bank account maintained by the individual alone or jointly or in common with someone else. (2) For the purposes of the Family Assistance Act and the Family Assistance Administration Act: (a) if the notice is of the kind described in paragraph (1)(a) of this item-the individual is taken to have given notice under paragraph 65EAAAA(1)(a) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and (b) if the notice is of the kind described in paragraph (1)(b) of this item-the individual is taken to have given notice under paragraph 65EAAAA(1)(b) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and (c) if the notice is of the kind described in paragraph (1)(c) of this item-the individual is taken to have given notice under paragraph 65EAAAA(1)(c) of the Family Assistance Administration Act in relation to the 2011-2012 income year. (3) If an individual does not give notice of the kind described in subitem 1, child care rebate (if any) in respect of the individual and the child for care provided during the 2011-2012 income year is to be paid: (a) if child care rebate was paid quarterly in respect of the individual and the child in relation to the 2010-2011 income year-quarterly; and (b) otherwise-for the income year. (4) To avoid doubt, this item applies even if the Secretary approves the time, the form or the manner or way, in which the election is to be given before the day on which this item commences. Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 (No. 34, 2011) Schedule 5 17 Application (1) The amendments made by items 3 to 8, 10, 11 and 13 to 16 apply in relation to working out an individual's or approved care organisation's entitlement (if any) to family tax benefit in respect of days occurring on or after the commencement of those items. (2) The amendments made by items 9 and 12 apply in relation to deaths occurring on or after the commencement of those items. Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 (No. 50, 2011) Schedule 2 17 Application and transitional provisions (1) The amendment made by item 2 applies in relation to working out if an individual is an FTB child for days on or after 1 January 2012. (2) The amendment made by item 5 applies in relation to working out if an approved care organisation is eligible for family tax benefit for days on or after 1 January 2012. (3) The amendments made by items 6 to 10 apply in relation to working out the rate of family tax benefit for days on or after 1 January 2012. (4) If: (a) on or after 1 January 2012, it is necessary to work out an individual's standard rate under Division 2 of Part 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 in relation to an FTB child who turned 18 before 1 January 2012; and (b) apart from this subitem, paragraph 26(2)(a) of that Schedule would apply to the FTB child; then paragraph 26(2)(a) of that Schedule does not apply to the FTB child and paragraph 26(2)(b) of that Schedule applies to the FTB child instead. Family Assistance and Other Legislation Amendment Act 2011 (No. 52, 2011) Schedule 1 6 Application and saving provisions (1) The amendments made by this Schedule apply for the purposes of working out whether family tax benefit, and how much family tax benefit, is payable for a day that is on or after 1 January 2012. (2) However, those amendments do not affect the payability to an individual (the adult) or approved care organisation of family tax benefit for another individual (the child) who is described in subitem (3) for a day in the period described in subitem (4). (3) Subitem (2) applies if immediately before 1 January 2012, the child: (a) had turned 22 but was aged under 25; and (b) was enrolled in, and undertaking, a course of full-time study; and (c) was either an FTB child of the adult or a client of the approved care organisation for the purposes of paragraph 34(1)(b) of the A New Tax System (Family Assistance) Act 1999. Note: Subsection 34(3) of the A New Tax System (Family Assistance) Act 1999 affects who is a client of an approved care organisation for the purposes of paragraph 34(1)(b) of that Act. (4) The period starts on 1 January 2012 and ends when the child either stops being enrolled in that course or stops undertaking that course. Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Act 2011 (No. 53, 2011) Schedule 1 17 Application The amendments made by Part 1 of this Schedule apply to family tax benefit advances requested on or after the commencement of Part 1. 20 Transitional advance payment (1) This item applies if: (a) an individual was paid a family tax benefit advance for the individual's family tax benefit advance period that ended on 30 June 2011; and (b) under paragraph 33(3)(b) of the Family Assistance Administration Act as in effect immediately before the commencement of this Schedule, the request for the advance operated for a particular standard advance period and all subsequent standard advance periods; and (c) the individual had not withdrawn the request before 30 June 2011; and (d) under clause 5 or 25A of Schedule 1 to the Family Assistance Act as in effect immediately before the commencement of this Schedule, the individual's Part A rate was reduced for the period by the FTB advance rate. (2) On 1 July 2011, the individual is taken to have made an effective request for a single family tax benefit advance under section 34 of the Family Assistance Administration Act as inserted by this Schedule. (3) The individual's advance assessment day is taken to be 1 July 2011. (4) The amount of the family tax benefit advance is the smallest of the following amounts: (a) $333.06; (b) the maximum amount of advance payable to the individual on the advance assessment day worked out under section 35D of the Family Assistance Administration Act as inserted by this Schedule; (c) the amount determined by the Secretary under subsection 35C(3) of the Family Assistance Administration Act as inserted by this Schedule. (5) Clauses 47 and 49 of Schedule 1 to the Family Assistance Act as inserted by this Schedule do not apply to the advance. Schedule 2 4 Application The amendment made by item 3 applies in relation to the 2011-12 income year and later income years. Schedule 5 7 Application-baby bonus The amendments made by items 1 to 6 apply in relation to claims for payment of baby bonus that are made on or after the commencement of those items. 17 Application-rent assistance The amendment made by item 16 applies in relation to claims for payment of family tax benefit for a past period that are made on or after the commencement of that item. Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (No. 79, 2011) Schedule 2 3 Application The amendments made by items 1 and 2 apply in relation to working out whether an approved child care service has permanently ceased providing care for a child on or after the commencement of those items (regardless of whether the absences from sessions of care occurred before, on or after that commencement). Family Assistance Legislation Amendment (Child Care Budget Measures) Act 2011 (No. 96, 2011) Schedule 1 5 Transitional For the purposes of working out the indexed amount for the CCR limit on 1 July 2014 under Schedule 4 to the A New Tax System (Family Assistance) Act 1999, the current figure for the CCR limit immediately before that day is taken to be $7,500. Clean Energy (Household Assistance Amendments) Act 2011 (No. 141, 2011) Schedule 2 34 Application of amendments (1) The amendments made by items 15 and 33 apply in relation to the quarter beginning on 1 July 2013 and all later quarters. (2) The amendments made by items 15A to 28 apply in relation to the 2013- 14 income year and later income years. (3) The amendments made by items 29 to 32 apply in relation to the indexation day that is 1 July 2014 and all later indexation days. 35 Saving (1) This item applies if: (a) under subitem 6(2) of Schedule 1 to the Family Assistance and Other Legislation Amendment Act 2011, the amendments made by that Schedule do not affect the payability to an individual (the adult) of family tax benefit for another individual (the child) for a day in the period (the transitional period) described in subitem 6(4) of that Schedule; and (b) immediately before 1 July 2013, that period had not ended. (2) For the purposes of working out if item 5 of the table in subclause 38AA(1) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 applies in relation to the adult and the child on or after 1 July 2013 and before the end of the transitional period, the reference in that item to 22 is taken to be a reference to 25. 36 Administrative scheme for paying clean energy advances to approved care organisations (1) A Minister administering the A New Tax System (Family Assistance) Act 1999 may, by legislative instrument, determine a scheme under which payments of clean energy advances may be made to approved care organisations (within the meaning of that Act) in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme. (2) The circumstances in which the scheme provides for payments must be circumstances occurring in relation to the period starting on 14 May 2012 and ending on 30 June 2013. (3) Without limiting subitem (1), the scheme may deal with the following: (a) the circumstances in which payments are to be made; (b) the amount of the payments; (c) what an approved care organisation has to do to get a payment; (d) debt recovery; (e) administrative matters, such as determination of entitlement and how and when payments will be made; (f) the review of decisions made under the scheme (including internal review, review by the Social Security Appeals Tribunal or review by the Administrative Appeals Tribunal). (4) For the purposes of subsection 12(1) of the Legislative Instruments Act 2003, an instrument made under subitem (1) (except an instrument of revocation) does not take effect until the end of the period in which it could be disallowed in either House of the Parliament. (5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly. 42 Application (1) Paragraph 58(2)(b) and subsection 58(2B) of the A New Tax System (Family Assistance) Act 1999, as inserted by this Act, apply in relation to the 2013-14 income year and later income years. (2) The amendments made by items 39 and 41 apply in relation to the indexation day that is 1 July 2014 and all later indexation days. Schedule 8 17 Application The amendments made by this Schedule apply in relation to the 2012-13 income year and later income years.