Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 32K

             (1)  This section applies to the first individual for a same‑rate benefit period if the following conditions are satisfied in relation to another individual:

                     (a)  the other individual is aged 5 or more and less than 16;

                     (b)  the other individual is not undertaking full‑time study or primary education;

                     (c)  before the end of the relevant income year, the first individual gives the Secretary an estimate of the other individual's adjusted taxable income for the relevant income year;

                     (d)  assuming that the other individual had adjusted taxable income for the relevant income year that is less than the cut‑out amount (as defined by subsection 22A(2) of the Family Assistance Act), the other individual would be an FTB child, or a regular care child who is also a rent assistance child, of the first individual.

             (2)  The relevant reconciliation time is whichever is the earlier of the following times:

                     (a)  the time after the end of the relevant income year when the first individual notifies the Secretary of the amount of the other individual's adjusted taxable income for the relevant income year;

                     (b)  the time after the end of the relevant income year when the Secretary becomes satisfied that the amount of the other individual's adjusted taxable income for the relevant income year can be worked out without receiving a notification from the first individual.

             (3)  For the purposes of this section, the question whether the other individual is undertaking primary education is to be determined in the same way as that question is determined under section 22A of the Family Assistance Act.