Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 59

             (1)  If:

                     (a)  a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and

                     (b)  the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

                     (c)  the form is not returned in the time specified in the request;

the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from 1 July in the income year following the one in which the request was made.

             (2)  Without limiting subsection (1), if:

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

                     (b)  the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

                     (c)  the request is a request for information of the kind described in subsection 57F(2); and

                     (d)  the form is not returned in the time specified in the request;

the Secretary may vary the determination of a weekly limit of hours with the effect that, on and from the start of the first week commencing after 1 July 2006, the limit is 24 hours.

Consequence of Secretary later becoming aware of the information

             (3)  If:

                     (a)  under subsection (2), the Secretary varies the determination; and

                     (b)  before the end of the income year following the one in which the variation took effect:

                              (i)  the claimant returns the data verification form specified in the request under section 57F and provides the information mentioned in paragraph (2)(c); or

                             (ii)  the Secretary finds out the information (whether from the claimant or someone else);

the Secretary must vary the determination to undo the effect mentioned in subsection (2).