Commonwealth Numbered Acts

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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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