A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999
Table of Provisions
PART 1--PRELIMINARY
PART 2--INTERPRETATION
Division 1--Definitions
- 3 Definitions
- 3AA Meaning of receiving affected by suspension of certain schooling requirement payments
- 3A An individual may be in the care of 2 or more other individuals at the same time
- 3B Meaning of paid work and returns to paid work
- 3C Meaning of studying overseas full - time
Division 2--Immunisation rules
- 4 Minister's power to make determinations for the purposes of the definition of immunised
- 6 Immunisation requirements
Division 3--Various interpretative provisions
- 8 Extended meaning of Australian resident --hardship and special circumstances
- 9 Session of care
- 10 When a session of care is provided
- 19 Maintenance income
Division 4--Approved care organisations
- 20 Approval of organisations providing residential care services to young people
PART 3--ELIGIBILITY--FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)
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
- 22 When an individual is an FTB child of another individual
- 22A Exceptions to the operation of section 22
- 22B Meaning of senior secondary school child
- 23 Effect of FTB child ceasing to be in individual's care without consent
- 24 Effect of certain absences of FTB child etc. from Australia
- 25 Effect of an individual's percentage of care for a child being less than 35%
- 25A Regular care child for each day in care period
- 26 Only 1 member of a couple eligible for family tax benefit
- 27 Extension of meaning of FTB or regular care child in a blended family case
- 28 Eligibility for family tax benefit of members of a couple in a blended family
- 29 Eligibility for family tax benefit of separated members of a couple for period before separation 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
- 32 Eligibility for a single amount of family tax benefit if an FTB or regular care child dies
- 33 Eligibility for family tax benefit if an eligible individual dies Subdivision C--Eligibility of approved care organisations for family tax benefit
- 34 When an approved care organisation is eligible for family tax benefit
- 35 When an approved care organisation is not eligible for family tax benefit Subdivision D--Determination of percentage of care
- 35A Determination of percentage of care--child is not in the adult's care
- 35B Determination of percentage of care--child is in the adult's care
- 35C Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
- 35E Application of section 35C in relation to claims for family tax benefit for a past period
- 35F Section 35C does not apply in certain circumstances
- 35FA Meaning of interim period
- 35G Percentage of care if claim is made for payment of family tax benefit because of the death of a child
- 35GA When an individual has increased care of a child
- 35H When an individual has reduced care of a child
- 35J Working out actual care, and extent of care, of a child
- 35K Days to which the percentage of care applies if section 35C did not apply in relation to an individual etc.
- 35L Days to which the percentage of care applies if 2 percentages of care apply under section 35C in relation to an individual
- 35M Rounding of a percentage of care
- 35N Guidelines about the making of determinations Subdivision E--Revocation and suspension of determination of percentage of care
- 35P Determination must be revoked if there is a change to the individual's shared care percentage
- 35PA Suspension of determination before the end of the maximum interim period if there is a change to the individual's shared care percentage
- 35Q Secretary may revoke a determination of an individual's percentage of care
- 35QA Suspension of determination of an individual's percentage of care before the end of the maximum interim period
- 35R Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period
- 35S Guidelines about the revocation of determinations 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
- 35U Reviews of percentages of care under child support law apply for family assistance purposes
Division 2--Eligibility for stillborn baby payment
Subdivision A--Eligibility of individuals for stillborn baby payment in normal circumstances- 36 When an individual is eligible for stillborn baby payment in normal circumstances
- 37 Only one individual eligible for stillborn baby payment in respect of a child Subdivision B--Eligibility of individuals for stillborn baby payment where death occurs
- 38 What happens if an individual eligible for stillborn baby payment dies
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
- 57GA Only one member of a couple eligible for single income family supplement
- 57GB Extension of meaning of qualifying child in a blended family case
- 57GC Eligibility for single income family supplement of members of a couple in a blended family
- 57GD Eligibility for single income family supplement of separated members of a couple for period before separation
- 57GDA Cessation of eligibility 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
- 57GF Eligibility for a single amount of single income family supplement if a qualifying child dies
- 57GG Eligibility for single income family supplement if an eligible individual dies
Division 7--Loss of family assistance for individuals on security grounds
- 57GH Simplified outline of this Division
- 57GI Loss of family assistance for individuals on security grounds
- 57GJ Security notice from Home Affairs Minister
- 57GK Notice from Foreign Affairs Minister
- 57GM Copy of security notice to be given to Secretaries
- 57GN Period security notice is in force
- 57GNA Annual review of security notice
- 57GO Revoking a security notice
- 57GP Notices may contain personal information
- 57GQ This Division does not apply to child care subsidy or additional child care subsidy
- 57GR Certain decisions not decisions of officers
- 57GS Instruments not legislative instruments
PART 4--RATE--OF FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)
Division 1--Family tax benefit
- 58 Rate of family tax benefit
- 58AA Newborn upfront payment of family tax benefit if newborn supplement added into Part A rate
- 58A Election to receive energy supplements quarterly
- 59 Shared care percentages where individual is FTB child of more than one person who are not members of the same couple
- 59A Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple
- 60 Sharing family tax benefit between members of a couple in a blended family
- 61 Sharing family tax benefit between separated members of a couple for period before separation
- 61AA Part A rate of family tax benefit is nil for a day in newly arrived resident's waiting period
- 61A Reduction in FTB child rate unless health check requirement satisfied
- 61B Reduction in FTB child rate unless immunisation requirements satisfied
- 61C Persons still entitled to FTB despite reductions to nil
- 61D Death of an FTB child
- 64 Calculation of rate of family tax benefit for death of FTB or regular care child
- 65 Calculation of single amount for death of FTB or regular care child
Division 2--Stillborn baby payment
- 66 Amount of stillborn baby payment
Division 4B--Rate of single income family supplement
- 84G Rate of single income family supplement
- 84GA Sharing single income family supplement between members of a couple in a blended family
- 84GB Sharing single income family supplement between separated members of a couple for period before separation
Division 5--Indexation
- 85 Indexation of amounts
PART 4A--CHILD--CARE SUBSIDY
Division 1--Introduction
Division 2--Eligibility for child care subsidy
Division 3--Eligibility for additional child care subsidy
Subdivision A--Eligibility for ACCS (child wellbeing)- 85CA Eligibility for ACCS (child wellbeing)
- 85CB Certification for ACCS (child wellbeing)
- 85CC Cancellation of certificate by approved provider
- 85CD Variation and cancellation of certificates by Secretary
- 85CE Determination for ACCS (child wellbeing)
- 85CF Variation and revocation of determinations Subdivision B--Eligibility for ACCS (temporary financial hardship)
- 85CG Eligibility for ACCS (temporary financial hardship)
- 85CH Determination of temporary financial hardship
- 85CI Revocation of determinations Subdivision C--Eligibility for ACCS (grandparent)
- 85CJ Eligibility for ACCS (grandparent) Subdivision D--Eligibility for ACCS (transition to work)
- 85CK Eligibility for ACCS (transition to work)
Division 4--Eligibility in substitution for an individual who has died
- 85DA Eligibility for child care subsidy or additional child care subsidy in substitution for individual who has died
Division 5--Limitations on eligibility for child care subsidy and additional child care subsidy
- 85EA Only one individual eligible at a time
- 85EB Only eligible for one kind of ACCS at a time
- 85EC Only one individual eligible in substitution for individual who has died
- 85ECA No eligibility for in home care unless certain requirements met
- 85ED No eligibility for child who is in care of State or Territory or member of prescribed class
- 85EE Maximum period of eligibility for individual who is absent from Australia
Division 6--Amount of child care subsidy and additional child care subsidy
- 85FA Amount of child care subsidy
- 85FB Amount of ACCS (child wellbeing), ACCS (temporary financial hardship) or ACCS (grandparent) for an individual
- 85FC Amount of ACCS (transition to work)
- 85FD Amount of ACCS (child wellbeing) for an approved provider
Division 7--Miscellaneous
PART 5--ONE---OFF PAYMENT TO FAMILIES
- 86 When is an individual entitled to a one - off payment to families?
- 87 In respect of what children is the payment payable?
- 88 What is the amount of the payment?
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?
- 90 In respect of what children is the payment payable?
- 91 What is the amount of the payment?
- 92 General rules
Division 2--Other entitlements
- 93 When is an individual entitled to an economic security strategy payment to families?
- 94 What is the amount of the payment?
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?
- 96 In respect of what children is the bonus payable?
- 97 What is the amount of the bonus? Subdivision B--Other entitlements
- 98 When is an individual entitled to a back to school bonus?
- 99 What is the amount of the bonus? Subdivision C--General rules
- 100 General rules
Division 2--Single income family bonus
- 101 When is an individual entitled to a single income family bonus?
- 102 What is the amount of the bonus?
PART 7A--ETR--PAYMENT
Division 1--Entitlements in respect of eligible children
- 102A When is an individual entitled to an ETR payment in respect of a child?
- 102B In respect of what children is the payment payable?
- 102C What is the amount of the payment?
Division 2--Other entitlements
Subdivision A--Entitlement in normal circumstances- 102D When is an individual entitled to an ETR payment?
- 102E What is the amount of the payment? Subdivision B--Entitlement where death occurs
- 102F Entitlement where death occurs
- 102G What is the amount of the payment?
Division 3--General
- 102H General rules
PART 8--CLEAN--ENERGY ADVANCES
Division 1--Entitlement to clean energy advances
Division 2--Amount of clean energy advance
- 105 Amount of advance where entitlement under section 103
- 106 Clean energy daily rate
- 107 Amount of advance where entitlement under section 104
Division 3--Top-up payments of clean energy advance
- 108 Top - up payments of clean energy advance
Division 4--General rules
- 109 General rules
PART 9--2020--ECONOMIC SUPPORT PAYMENTS
Division 1--First 2020 economic support payment
- 110 When is an individual entitled to a first 2020 economic support payment?
- 111 What is the amount of the payment?
- 112 More than one entitlement
Division 2--Second 2020 economic support payment
- 113 When is an individual entitled to a second 2020 economic support payment?
- 114 What is the amount of the payment?
- 115 More than one entitlement
Division 3--Eligibility for 2020 economic support payment
- 116 Eligibility for 2020 economic support payment
PART 10--ADDITIONAL--ECONOMIC SUPPORT PAYMENTS
Division 1--Additional economic support payment 2020
- 117 When is an individual entitled to an additional economic support payment 2020?
- 118 What is the amount of the payment?
- 119 More than one entitlement
Division 2--Additional economic support payment 2021
- 120 When is an individual entitled to an additional economic support payment 2021?
- 121 What is the amount of the payment?
- 122 More than one entitlement