the Secretary must determine that the claimant is entitled to be paid family
tax benefit for each day on which the determination is in force, at the daily
rate at which the Secretary considers the claimant to be eligible.
Instalments where pattern of care eligibility
- (3)
- If the Secretary is
satisfied that, at the time of making the determination on the claim, a
pattern of days on which an FTB child of the claimant is in the claimant's
care exists and is likely to continue to exist in the future, such that the
claimant will be eligible for family tax benefit in respect of the child in
accordance with Subdivision A of Division 1 of Part 3 of the Family Assistance
Act only on particular days, the Secretary must determine that the claimant is
entitled to be paid family tax benefit for those particular days while the
determination is in force, at the daily rate at which the Secretary considers
the claimant will be eligible.
Additional entitlement in subsection (2) and (3) cases
- (4)
- If:
- (a)
- the Secretary is satisfied as mentioned in subsection (2) or (3); and
- (b)
- the Secretary is also satisfied that the claimant was eligible for family
tax benefit in accordance with Subdivision A or C of Division 1 of Part 3 of
the Family Assistance Act during the whole or part of the period since the
claim was made;
the Secretary must determine that the claimant is entitled to be paid that
amount of family tax benefit.
Instalments where bereavement eligibility—remaining FTB children
- (5)
- If
the Secretary is satisfied that, at the time of making the determination on
the claim:
- (a)
- the claimant is eligible for family tax benefit in accordance with section
31 of the Family Assistance Act; and
- (b)
- assuming subsection (4) of that section were disregarded, the claimant
would be eligible for family tax benefit under Subdivision A of Division 1 of
Part 3 of that Act;
the Secretary must determine that:
- (c)
- the claimant is entitled to be paid family tax benefit, at the rate at
which the Secretary considers the claimant to be eligible:
- (i)
- for each day on which the determination is in force that occurs during the
period to which subsection 31(2) of that Act applies; and
- (ii)
- for each day, before the determination came into force, that occurred
during that period; and
- (d)
- the claimant is entitled to be paid family tax benefit, at the rate at
which the Secretary considers the claimant would be eligible, on the
assumption in paragraph (b) of this subsection, for each day while the
determination is in force that occurs after the last day on which the claimant
is entitled to be paid family tax benefit in accordance with paragraph (c) of
this subsection.
Instalments where bereavement eligibility— no remaining FTB children
- (6)
- If the Secretary is satisfied that, at the time of making the
determination on the claim:
- (a)
- the claimant is eligible for family tax benefit in accordance with section
31 of the Family Assistance Act; and
- (b)
- assuming subsection (4) of that section were disregarded, the claimant
would not be eligible for family tax benefit under Subdivision A of Division 1
of Part 3 of that Act;
the Secretary must determine that the claimant is entitled to be paid family
tax benefit, at the rate at which the Secretary considers the claimant to be
eligible:
- (c)
- for each day on which the determination is in force that occurs during the
period to which subsection 31(2) of that Act applies; and
- (d)
- for each day, before the determination came into force, that occurred
during that period.
Commonwealth Numbered Acts