Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 55

             (1)  If:

                     (a)  a CCB % applicable to a claimant who is an individual is required to be determined under section 50J; and

                     (b)  subparagraph 7(a)(ii) of Part 4 of Schedule 2 to the Family Assistance Act does not apply to the claimant; and

                     (c)  the information about an amount needed by the Secretary for the calculation of the CCB % is not available (for example, because the adjusted taxable income of the claimant or another individual cannot be known until after the end of the relevant income year); and

                     (d)  the claimant gives the Secretary an estimate of the amount needed; and

                     (e)  the Secretary considers the estimate to be reasonable; and

                      (f)  since the estimate was given, the Secretary has not given the individual a notice under subsection 55AA(2) or 55AB(2) with a start day that has arrived or passed;

the Secretary may determine the CCB % applicable to the claimant on the basis of the estimate.

             (2)  This subsection applies if the claimant does not give the Secretary an estimate of the amount needed that the Secretary considers reasonable.

Note:          This means the Secretary must determine the CCB % of the claimant to be zero % (see subsection 50J(2)).

             (3)  If:

                     (a)  a CCB % applicable to a claimant who is an individual is required to be calculated under Schedule 2 to the Family Assistance Act for the purpose of varying a determination of CCB % under Subdivision M, N, P, R, S or V of Division 4 of this Part; and

                     (b)  the information about an amount needed by the Secretary to calculate the CCB % applicable to the claimant is not available; and

                     (c)  the Secretary has given the claimant a notice under subsection 55AA(2) or 55AB(2) with a start day that has arrived or passed; and

                     (d)  since the notice was given, the claimant has not given the Secretary an estimate of the claimant's adjusted taxable income that the Secretary considers to be reasonable;

the Secretary may determine the CCB % applicable to the claimant on the basis of the indexed estimate or indexed actual income stated in the notice (or, if the Secretary has given the claimant more than one notice with a start day that has arrived or passed--the notice with the most recent start day).

Note:          Section 55AC affects the meaning of this provision for members of couples.