Commonwealth Numbered Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 62

Effect on individual's rate of the individual's absence from Australia

Absence from Australia of recipient

(1)
Subsection (4) modifies the operation of Schedule 1 in working out an individual's rate of family tax benefit for a period during which the individual is an absent overseas recipient.

(2)
If an individual leaves Australia, the individual is an absent overseas recipient for any period that occurs:

(a)
during that absence from Australia; and

(b)
after the end of the period of 26 weeks beginning on the first day of that absence.

(3)
If:

(a)
an individual is eligible for family tax benefit while the individual is absent from Australia; and

(b)
the individual then becomes an absent overseas recipient because of the application of subsection (2) or a previous application of this subsection; and

(c)
the individual returns to Australia; and

(d)
the individual leaves Australia again less than 26 weeks after returning to Australia;

the individual is an absent overseas recipient for any period that occurs during the absence from Australia referred to in paragraph (d).

(4)
For the purposes of working out an individual's rate of family tax benefit for a period during which the individual is an absent overseas recipient, Schedule 1 applies with the modifications set out in the following table:

Modifications for absent overseas recipient
Provision of Schedule 1 Modification
1 Clause 7 the individual's standard rate is the rate that would be the individual's standard rate if the individual's Part A rate were being worked out using Part 3 of the Schedule (see clause 26)
2 Clause 3 no amount is to be added by way of rent assistance
3 Part 4 the individual's Part B rate is nil


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