Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 56C

Individual conditionally eligible and something happens to cause a loss of conditional eligibility

             (1)  If:

                     (a)  a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual; and

                     (b)  either:

                              (i)  anything happens that causes the claimant to cease to be conditionally eligible; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the individual under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (1A)  Strict liability applies to the following elements of an offence against subsection (1):

                     (a)  the element that a determination is a determination under section 50F;

                     (b)  the element that a notice is a notice given under section 57.

Individual conditionally eligible and something happens to cause a reduction in the CCB %

             (2)  If:

                     (a)  determinations of conditional eligibility under section 50F and CCB % under section 50J are in force in respect of a claimant who is an individual; and

                     (b)  the CCB % is calculated using Schedule 2 to the Family Assistance Act; and

                     (c)  either:

                              (i)  anything happens that causes a reduction in the CCB %; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (2A)  Strict liability applies to the following elements of an offence against subsection (2):

                     (a)  the element that a determination is a determination under section 50F or 50J;

                     (b)  the element that Schedule 2 to the Family Assistance Act is used to calculate a CCB %;

                     (c)  the element that a notice is a notice given under section 57.

Individual conditionally eligible, has a weekly limit of hours for a reason other than child at risk and something happens to cause a reduction in the weekly limit of hours

             (3)  If:

                     (a)  determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and

                     (b)  the weekly limit of hours is more than 24 because a circumstance set out in subsection 54(2), (4), (6) or (8) of the Family Assistance Act or subsection 55(2) or (4) of that Act applies to the eligibility of the claimant; and

                     (c)  either:

                              (i)  anything happens that causes a reduction in the weekly limit of hours; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (3A)  Strict liability applies to the following elements of an offence against subsection (3):

                     (a)  the element that a determination is a determination under section 50F or 50H;

                     (b)  the element that a circumstance is a circumstance set out in subsection 54(2), (4), (6) or (8) of the Family Assistance Act or subsection 55(2) or (4) of that Act;

                     (c)  the element that a notice is a notice given under section 57.

Individual conditionally eligible, has a 24 hour care limit and the number of 24 hour care periods is reduced

             (4)  If:

                     (a)  determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and

                     (b)  the weekly limit of hours is a 24 hour care limit with one or more 24 hour care periods; and

                     (c)  either:

                              (i)  anything happens that causes a reduction in the number of 24 hour care periods in the week; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (4A)  Strict liability applies to the following elements of an offence against subsection (4):

                     (a)  the element that a determination is a determination under section 50F or 50H;

                     (b)  the element that a notice is a notice given under section 57.

Individual conditionally eligible and something happens to cause a reduction in schooling %

             (5)  If:

                     (a)  determinations of conditional eligibility under section 50F and schooling % under section 50K are in force in respect of a claimant who is an individual; and

                     (b)  the schooling % is 100%; and

                     (c)  either:

                              (i)  anything happens that causes a reduction in the schooling % to 85%; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (5A)  Strict liability applies to the following elements of an offence against subsection (5):

                     (a)  the element that a determination is a determination under section 50F or 50K;

                     (b)  the element that a notice is a notice given under section 57.

Individual conditionally eligible, has a rate determined because of hardship and something happens that affects the rate

             (6)  If:

                     (a)  a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child; and

                     (b)  the claimant's rate of child care benefit for a session of care provided to the child is the rate determined by the Secretary under subsection 81(2) of the Family Assistance Act (hardship); and

                     (c)  either:

                              (i)  anything happens that affects the rate determined; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

          (6A)  Strict liability applies to the following elements of an offence against subsection (6):

                     (a)  the element that a determination is a determination under section 50F;

                     (b)  the element that the determination of a rate is a determination under subsection 81(2) of the Family Assistance Act;

                     (c)  the element that a notice is a notice given under section 57.

Individual eligible for special grandparent rate and something happens to cause a loss of eligibility for that rate

             (7)  If:

                     (a)  a determination is in force under subsection 50T(1) with the effect that a claimant who is an individual is eligible for the special grandparent rate for a child; and

                     (b)  either:

                              (i)  anything happens that causes the claimant to cease to be eligible for that rate for the child; or

                             (ii)  the claimant becomes aware that anything is likely to happen that will have that effect;

the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.

Penalty:  Imprisonment for 6 months.

             (8)  Strict liability applies to the following elements of an offence against subsection (7):

                     (a)  the element that a determination is a determination under subsection 50T(1);

                     (b)  the element that a notice is a notice given under section 57.