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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 28
Eligibility for family tax benefit of members of a couple in a
blended family - (1)
- If the Secretary is satisfied that:
- (a)
- 2 individuals who are members of the same couple ( person A and person B
) would each be eligible for family tax benefit for 2 or more FTB children
during a period but for subsection 26(1); and
- (b)
- at least one of the children is a child of a previous relationship of
person A; and
- (c)
- at least one of the other children is:
- (i)
- a child of the relationship between person A and person B; or
- (ii)
- a child of a previous relationship of person B;
the Secretary may:
- (d)
- determine that person A and person B are both eligible for family tax
benefit for the children for the period; and
- (e)
- determine person A's and person B's percentage of the family tax benefit
for the children, such that each of those percentages is a multiple of 5%.
- (2)
- The Secretary cannot make a determination under subsection (1) for a past
period if person A or person B has been paid family tax benefit for the
period.
- (3)
- For the purposes of this section:
- (a)
- an FTB child of an individual is a child of a previous relationship of an
individual who is a member of a couple if the child is an immediate child of
that individual but not of the individual's partner; and
- (b)
- a child is a child of the relationship of 2 individuals who are members of
a couple if the child is an immediate child of both members of the couple; and
- (c)
- an FTB child of an individual is an immediate child of the individual if:
- (i)
- the child is the natural or adopted child of the individual; or
- (ii)
- the individual is legally responsible for the child.
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