A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 103 Entitlement in normal circumstances

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 103

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 an estimated income basis.

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.