A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 125 Date of effect of certain AAT first review decisions relating to payment of family tax benefit

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 125

  (1)   If:

  (a)   a person makes an application for AAT first review of a decision (the original decision ) relating to the payment to a person of family tax benefit by instalment; and

  (b)   the application is made more than 13 weeks after the person was given notice of the original decision; and

  (c)   the AAT makes a decision under subsection   43(1) of the AAT Act to vary or substitute the original decision; and

  (d)   the decision of the AAT will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;

then, despite subsection   43(6) of the AAT Act, the date of effect of the decision of the AAT is the first day of the period to which the original decision relates.

  (2)   The AAT may, if satisfied that there are special circumstances that prevented the applicant from making an application within 13 weeks, determine that subsection   (1) applies as if the reference to 13 weeks were a reference to such longer period as the AAT determines to be appropriate.

  (3)   If:

  (a)   paragraphs   (1)(a), (b), (c) and (d) apply; and

  (b)   the first day of the period to which the original decision relates is earlier than the first day (the cut - off day ) of the income year before the income year in which the application referred to in paragraph   (1)(b) was made;

then, despite subsection   (1), the person cannot be paid any entitlement created or increased as mentioned in paragraph   (1)(d) (including as a result of taking into account the FTB Part A supplement or the FTB Part B supplement) in relation to any day earlier than the cut - off day.