Deductible child maintenance expenditure
- (1)
- For the purposes of this
Schedule, if an individual incurs an amount of child maintenance expenditure
during an income year, 50% of the amount of the expenditure is the
individual's deductible child maintenance expenditure in respect of that year.
Child maintenance expenditure
- (2)
- For the purposes of this clause, an
individual incurs child maintenance expenditure if:
- (a)
- the individual (the payer ), or if the payer is a member of a
couplethe payer's partner, pays a payment (either one-off or periodic)
or provides benefits; and
- (b)
- the payment or benefits are paid or provided in respect of the payer's, or
the partner's (if any), natural or adopted child; and
- (c)
- the payment or benefits are paid or provided to another individual other
than the payer, or the partner (if any), for the maintenance of the child.
Amount of child maintenance expenditure
- (3)
- For the purposes of this clause,
if an individual incurs child maintenance expenditure, the amount of the child
maintenance expenditure incurred by the individual is the amount of the
payment paid or the value of the benefits to the individual who provided them.
Value of a benefit provided
- (4)
- For the purposes of subclause (3), the value
of a benefit , in relation to the individual providing the benefit, has the
meaning set out in subclauses (5) and (6).
Value of benefit where provider is a party to a child support agreement
- (5)
- If:
- (a)
- an individual providing a benefit is a party to a child support agreement
under the Child Support (Assessment) Act 1989 ; and
- (b)
- the agreement contains:
- (i)
- provisions under which the individual is providing child support to an
individual for a child otherwise than in the form of a periodic payment; and
- (ii)
- a statement of the annual value of a specified amount that the child
support has; and
- (c)
- the individual provides the support;
the value of the benefit provided by the individual is the specified amount.
Value of benefit where provider is not a party to a child support agreement
- (6)
- If an individual providing a benefit is not a party to a child support
agreement under the Child Support (Assessment) Act 1989 , the value of the
benefit provided by the individual is the cost of the benefit to the
individual.