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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 63

Effect on family tax benefit rate of FTB child's absence from Australia

Absence from Australia of FTB child

(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:

(a)
an FTB child of the individual is an absent overseas FTB child; and

(b)
the individual is not an absent overseas recipient.

(2)
If:

(a)
either:

(i)
an FTB child leaves Australia; or
(ii)
a child born outside Australia is an FTB child at birth; and
(b)
the child continues to be absent from Australia for more than 26 weeks;

the child is an absent overseas FTB child for any period that occurs:

(c)
during that absence from Australia; and

(d)
after the end of the period of 26 weeks beginning on the first day of the child's absence from Australia.

(3)
If:

(a)
an FTB child is an absent overseas FTB child because of the application of subsection (2) or a previous application of this subsection; and

(b)
the child comes to Australia; and

(c)
the child leaves Australia less than 26 weeks after coming to Australia;

the child is an absent overseas FTB child for any period that occurs during the absence from Australia referred to in paragraph (c).

(4)
For the purposes of working out an individual's rate of family tax benefit for a period during which:

(a)
an FTB child of the individual is an absent overseas FTB child; and

(b)
the individual is not an absent overseas recipient;

Schedule 1 applies with the modifications set out in the following table:

Modifications for absent overseas FTB child
Provision of Schedule 1 Modification
1 clause 7 FTB child rate for the child is the base FTB child rate
2 clause 30 disregard the child

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