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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 58A Election to receive energy supplements quarterly

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 58A

Election to receive 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 energy supplement (Part A) and 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--see section   105B of that Act.

  (1A)   An individual cannot make an election under subsection   (1) on a day on or after the commencement of this subsection unless energy supplement (Part A) or energy supplement (Part B) is used to work out the rate of the individual's family tax benefit in respect of that day.

  (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.

  (3AA)   An election ceases to be in force if, disregarding the election, neither energy supplement (Part A) nor energy supplement (Part B) would be used to work out the rate of the individual's family tax benefit.

  (3A)   An election ceases to be in force if subsection   32(1) applies in relation to the individual. The election ceases to be in force on the request day (see subsection   32(1)).

  (3B)   If an election ceases to be in force under subsection   (3A), the individual cannot make another election under subsection   (1) until after the end of the lump sum period referred to in step 1 of the method statement in subsection   65(1).

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.