a first 2020 economic support payment; or

a second 2020 economic support payment.

Aboriginal or Torres Strait Islander child has the meaning given by subclause 15A(3) of Schedule 2.

Aboriginal or Torres Strait Islander child result has the meaning given by clause 15A of Schedule 2.

Aboriginal or Torres Strait Islander person has the meaning given by subclause 15A(4) of Schedule 2.

ACCS: see additional child care subsidy.

ACCS (child wellbeing): see additional child care subsidy.

ACCS (grandparent): see additional child care subsidy.

ACCS hourly rate cap has the meaning given by subclause 6(2) of Schedule 2.

ACCS (temporary financial hardship): see additional child care subsidy.

ACCS (transition to work): see additional child care subsidy.

additional child care subsidy or ACCS means additional child care subsidy for which: (a) an individual or an approved provider may become eligible under ACCS (child wellbeing)); orsection 85CA ( (b) an individual may become eligible under ACCS (temporary financial hardship)); orsection 85CG ( (c) an individual may become eligible under ACCS (grandparent)); orsection 85CJ ( (d) an individual may become eligible under ACCS (transition to work)).section 85CK (

(a) an individual or an approved provider may become eligible under ACCS (child wellbeing)); orsection 85CA (

(b) an individual may become eligible under ACCS (temporary financial hardship)); orsection 85CG (

(c) an individual may become eligible under ACCS (grandparent)); orsection 85CJ (

(d) an individual may become eligible under ACCS (transition to work)).section 85CK (

additional economic support payment 2020 means a payment to which an individual is entitled under Division 1 of Part 10.

additional economic support payment 2021 means a payment to which an individual is entitled under Division 2 of Part 10.

adjusted taxable income has the meaning given by Schedule 3.

AFP Minister means the Minister administering the Australian Federal Police Act 1979.

aged care resident has the same meaning as in the Social Security Act 1991.

amount of rent paid or payable has the same meaning as in the Social Security Act 1991.

applicable percentage has the meaning given by clauses 3 and 3A of Schedule 2.

application day has the meaning given by subsections 35K(2) and (3).

approved care organisation means an organisation approved by the Secretary under section 20.

approved course of education or study has the meaning given by subsection 541B(5) of the Social Security Act 1991 for the purposes of paragraph (1)(c) of that section.

ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Australian Immunisation Handbook means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service.

Australian resident has the same meaning as in the Social Security Act 1991.

Australian travel document has the same meaning as in the Australian Passports Act 2005.

authorised party means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in respect of the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.

back to school bonus means a payment to which an individual is entitled under section 95 or 98.

base FTB child rate, in relation to an FTB child of an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 8 of that Schedule.

base rate, in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 4 of that Schedule.

becomes entrusted: a child becomes entrusted to the care of an individual at a time if:

any person entrusts the child to the individual’s care; and

as a result, the child is in the individual’s care at that time; and

the child was not in the individual’s care at any earlier time.

benefit received by an individual has a meaning affected by paragraph 19(2)(b).

benefit restriction notice means a notice under section 57GIA or 57GJ.

capitalised maintenance income means maintenance income (other than child maintenance to which clause 20B, 20C or 20D of Schedule 1 applies) of the individual: that is neither a periodic amount nor a benefit provided on a periodic basis; and the amount or value of which exceeds $1,500.

that is neither a periodic amount nor a benefit provided on a periodic basis; and

the amount or value of which exceeds $1,500.

care arrangement in relation to a child means:

a written agreement between the parents of the child, or between a parent of the child and another person who cares for the child, that relates to the care of the child; or

a parenting plan for the child; or

any of the following orders relating to the child:

(i) a family violence order Family Law Act 1975;within the meaning of section 4 of the

a parenting order within the meaning of section 64B of that Act;

a State child order registered in accordance with section 70D of that Act;

an overseas child order registered in accordance with section 70G of that Act.

care period has the meaning given by subparagraph 35A(1)(a)(ii) or (2)(b)(ii) or paragraph 35B(1)(a) or (2)(b).

CCS: see child care subsidy.

CCS fortnight means a period of 2 weeks beginning on: Monday 2 July 2018; or every second Monday after that Monday.

Monday 2 July 2018; or

every second Monday after that Monday.

CCS hourly rate cap has the meaning given by subclause 2(3) of Schedule 2.

change of care day for an individual who cares for a child means:

if a determination of the individual’s percentage of care for the child has been revoked under Subdivision E of Division 1 of Part 3—the first day on which the care of the child that was actually taking place ceased to correspond with the individual’s percentage of care for the child under the determination; or

if a determination of the individual’s percentage of care for the child has been suspended under Subdivision E of Division 1 of Part 3—the first day on which the care of the child that was actually taking place ceased to correspond with the individual’s percentage of care for the child determined for the purposes of subsection 35C(4) under the determination; or

otherwise—the first day on which the care of the child that was actually taking place did not correspond with the individual’s extent of care under a care arrangement that applies in relation to the child (which might be the first day the care arrangement begins to apply in relation to the child).

child care subsidy or CCS means child care subsidy for which an individual may become eligible under section 85BA.

child support means financial support under the Child Support (Assessment) Act 1989 and includes financial support: by way of lump sum payment; or by way of transfer or settlement of property.

by way of lump sum payment; or

by way of transfer or settlement of property.

child support agreement has the meaning given by section 81 of the Child Support (Assessment) Act 1989.

child support care determination has the meaning given by paragraph 35T(1)(b).

child wellbeing result has the meaning given by clause 15 of Schedule 2.

clean energy advance means an advance to which an individual is entitled under Division 1 or 3 of Part 8.

compliance penalty period has the same meaning as in the Social Security Act 1991.

continuous flexible period has the same meaning as in the Paid Parental Leave Act 2010.

current figure, as at a particular time and in relation to an amount that is to be indexed or adjusted under Schedule 4, means:

if the amount has not yet been indexed or adjusted under Schedule 4 before that time—the amount; and

if the amount has been indexed or adjusted under Schedule 4 before that time—the amount most recently substituted for the amount under Schedule 4 before that time.

deemed subsidised hours has the meaning given by clause 16 of Schedule 2.

disability expenses maintenance has the meaning given by subsection 19(3).

disabled person means a person who is: (a) receiving a disability support pension under Social Security Act 1991; orPart 2.3 of the (b) receiving an invalidity pension under Veterans’ Entitlements Act 1986; orDivision 4 of Part III of the participating in an independent living program provided by CRS Australia or such other body determined by the Minister, by legislative instrument, for the purposes of this paragraph; or diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or included in a class of persons determined by the Minister, by legislative instrument, to be a disabled person for the purposes of this paragraph.

(a) receiving a disability support pension under Social Security Act 1991; orPart 2.3 of the

(b) receiving an invalidity pension under Veterans’ Entitlements Act 1986; orDivision 4 of Part III of the

participating in an independent living program provided by CRS Australia or such other body determined by the Minister, by legislative instrument, for the purposes of this paragraph; or

diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or

included in a class of persons determined by the Minister, by legislative instrument, to be a disabled person for the purposes of this paragraph.

economic security strategy payment to families means a payment to which an individual is entitled under section 89 or 93.

ETR payment (short for Education Tax Refund payment) means a payment to which an individual is entitled under Part 7A.

extended child wellbeing period has the meaning given by subclause 15(3) of Schedule 2.

family assistance means:

family tax benefit; or

stillborn baby payment; or

child care subsidy; or

additional child care subsidy; or

family tax benefit advance; or

single income family supplement.

family dispute resolution has the meaning given by section 10F of the Family Law Act 1975.

family law order means:

(a) a parenting order Family Law Act 1975; orwithin the meaning of section 64B of the

a family violence order within the meaning of section 4 of that Act; or

a State child order registered under section 70D of that Act; or

an overseas child order registered under section 70G of that Act.

family tax benefit means the benefit for which a person is eligible under Division 1 of Part 3 (and includes any amount under section 58AA).

first 2020 economic support payment means a payment to which an individual is entitled under Division 1 of Part 9.

flexible PPL day has the same meaning as in the Paid Parental Leave Act 2010.

Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005.

fourth income (other rate) threshold has the meaning given by subclause 3A(6) of Schedule 2.

FTB child:

in relation to family tax benefit—has the meaning given in Subdivision A of Division 1 of Part 3; and

in relation to child care subsidy and additional child care subsidy—has the meaning given in Subdivision A of Division 1 of Part 3 (except for section 24), but in applying Subdivision D of that Division to CCS or ACCS, a reference in Subdivision D to a claim for payment of family tax benefit is taken to be a reference to a claim for CCS; and

in relation to stillborn baby payment—has the meaning given in Subdivision A of Division 1 of Part 3; and

in relation to single income family supplement—has the meaning given in Subdivision A of Division 1 of Part 3 but, in applying Subdivision D of that Division to that supplement in a case where a claim for that supplement is required for there to be an entitlement to be paid that supplement, a reference in Subdivision D of that Division to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of that supplement.

FTB child rate reduction period has the meaning given by subsection 61A(2) or 61B(2).

general practitioner has the same meaning as in the Health Insurance Act 1973.

higher rate child has the meaning given by subclause 3B(1) of Schedule 2.

holder, in relation to a visa, has the same meaning as in the Migration Act 1958.

hourly rate of ACCS:

for an individual—has the meaning given by subclause 6(1) of Schedule 2; or

for an approved provider—has the meaning given by subclause 9(1) of Schedule 2.

hourly rate of CCS has the meaning given by subclause 2(1) of Schedule 2.

hourly session fee:

for an individual—has the meaning given by subclause 2(2) of Schedule 2; and

for an approved provider—has the meaning given by subclause 9(2) of Schedule 2.

Human Services Secretary means the Chief Executive Officer of Services Australia.

illness separated couple has the same meaning as in the Social Security Act 1991.

immunised means the child is immunised in accordance with: a standard vaccination schedule determined under section 4; or a catch up vaccination schedule determined under section 4.

a standard vaccination schedule determined under section 4; or

a catch up vaccination schedule determined under section 4.

income support supplement has the same meaning as in the Social Security Act 1991.

Income Tax Assessment Act means the Income Tax Assessment Act 1997.

income year has the same meaning as in the Income Tax Assessment Act.

increased care of a child has the meaning given by section 35GA.

increased hours result has the meaning given by subclause 12(1) of Schedule 2.

index number has the same meaning as in the Social Security Act 1991.

ineligible homeowner has the same meaning as in the Social Security Act 1991.

interim period has the meaning given by section 35FA.

lower income (base rate) threshold has the meaning given by subclause 3(4) of Schedule 2.

lower income (other rate) threshold has the meaning given by subclause 3A(6) of Schedule 2.

maintenance includes child support.

maintenance agreement means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement.

maintenance income, in relation to an individual, means:

child maintenance—any one or more of the following amounts:

if clause 20B of Schedule 1 applies (notional assessments for child support agreements)—the amount worked out under that clause;

if clause 20C of Schedule 1 applies (lump sum payments)—the amount worked out under that clause;

if clause 20D of Schedule 1 applies (deemed receipt for administrative assessments privately collected)—the amount worked out under that clause;

otherwise—the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from a parent or relationship parent of the child, or the former partner of a parent or relationship parent of the child; or

partner maintenance—that is, the amount of a payment or the value of a benefit that is received by the individual for the individual’s own maintenance and is received from the individual’s former partner; or

direct child maintenance—that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child’s own maintenance and is received from:

a parent or relationship parent of the child; or

the former partner of a parent or relationship parent of the child;

but does not include disability expenses maintenance.

maintenance income credit balance has the meaning given by clause 24A of Schedule 1.

maximum interim period for a determination under section 35A or 35B of an individual’s percentage of care for a child is the period beginning on the change of care day for the individual and ending at:

for a determination relating to a court order—the later of:

the end of the period of 52 weeks starting on the day the court order first takes effect; or

the end of the period of 26 weeks starting on the change of care day; or

for a determination relating to a written agreement or parenting plan—the end of the period of 14 weeks starting on the change of care day.

medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

meets the immunisation requirements has the meaning given by section 6.

member of a couple has the same meaning as in the Social Security Act 1991.

member of the same couple has the same meaning as member of a couple has.

Military Rehabilitation and Compensation Act Education and Training Scheme means the scheme determined under section 258 of the Military Rehabilitation and Compensation Act 2004 (as the scheme is in force at the commencement of this definition).

Minister’s rules has the meaning given by subsection 85GB(1).

Minister’s rules result has the meaning given by clause 14 of Schedule 2.

notional assessment has the meaning given by section 146E of the Child Support (Assessment) Act 1989.

one-off payment to families means a payment to which an individual is entitled under section 86.

paid work (other than in paragraph 12(2)(a) of Schedule 2) has the meaning given by section 3B.

parental leave pay has the same meaning as in the Paid Parental Leave Act 2010.

parenting plan has the meaning given by the Family Law Act 1975.

partner has the same meaning as in the Social Security Act 1991.

partnered (partner in gaol) has the same meaning as in the Social Security Act 1991.

passive employment income of an individual, in respect of a period, means:

income that is earned by the individual in respect of the period as a result of the individual being on paid leave for the period; or

a payment of compensation, or a payment under an insurance scheme, in respect of the individual’s inability to earn, derive or receive income from paid work during the period; or

if the individual stops paid work as a self-employed individual—income that is derived by the individual in respect of the period from an interest, or from investments, held in connection with the individual’s previous self-employment.

payment or benefit received from an individual has a meaning affected by paragraph 19(2)(c).

percentage of care means the individual’s percentage of care for the child that is determined by the Secretary under Subdivision D of Division 1 of Part 3.

percentage range: each of the following is a percentage range:

0% to less than 14%;

14% to less than 35%;

48% to 52%;

more than 65% to 86%;

more than 86% to 100%.

permanent visa has the same meaning as in the Migration Act 1958.

prescribed educational scheme has the same meaning as in the Social Security Act 1991.

principal home has the same meaning as in the Social Security Act 1991.

provide, in relation to a session of care, has the meaning given by section 10.

received from has a meaning affected by paragraph 19(2)(a).

receiving:

(a) in relation to a social security payment—has the same meaning as in subsections 23(1D), 23(2) and (4) of the Social Security Act 1991; and

for the purposes of a reference in section 85CJ of this Act or clause 1, 28B or 38L of Schedule 1 to this Act, or in section 32AI of the Family Assistance Administration Act, to a person receiving a social security pension or social security benefit:

(i) except in relation to clauses 1 and 38L of Schedule 1 to this Act—is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those sections and clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and

subject to subsection (8) of this section, is taken to include a reference to a person being prevented from receiving a social security pension or social security benefit because of the application of a compliance penalty period; and

(c) in relation to a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment—has a meaning affected by Social Security (Administration) Act 1999).section 3AA (which deals with the suspension of payments under Part 3C (schooling requirements) of the

recognised immunisation provider has the same meaning as recognised vaccination provider in the Australian Immunisation Register Act 2015.

recognised participation type has the meaning given by subclause 12(2) of Schedule 2.

reduced care of a child has the meaning given by section 35H.

registered entitlement, of an individual, means the individual’s entitlement to receive maintenance income from a particular payer, if the payer’s liability to pay that maintenance income is an enforceable maintenance liability within the meaning of the Child Support (Registration and Collection) Act 1988.

registered parenting plan means a parenting plan registered under section 63E of the Family Law Act 1975.

regular care child, of an individual (the adult), means an individual:

who would be an FTB child of the adult but for the operation of section 25 (adult’s percentage of care for the child during a care period is less than 35%); and

for whom the adult has a percentage of care during a care period that is at least 14%.

reimbursement fringe benefit has the meaning given by subclause 2(5) of Schedule 2.

relationship child has the same meaning as in the Social Security Act 1991.

relationship parent has the same meaning as in the Social Security Act 1991.

relevant shared carer means an individual who has a shared care percentage for each of his or her FTB children.

rent has the same meaning as in the Social Security Act 1991.

rent assistance child has the meaning given by clause 38B of Schedule 1.

repayment period, in relation to a family tax benefit advance that is paid to an individual, has the meaning given by subclause 40(3) of Schedule 1.

resides in Australia has the same meaning as in the Social Security Act 1991.

respite care couple has the same meaning as in the Social Security Act 1991.

returns to paid work has the meaning given by section 3B.

second 2020 economic support payment means a payment to which an individual is entitled under Division 2 of Part 9.

secondary earner of a couple, in respect of an income year, means:

unless paragraph (b) applies:

the member of the couple who has the lower adjusted taxable income for the year; or

if both members of the couple have the same adjusted taxable income for the year—the member of the couple who returns to paid work first during the year; or

if the rate of family tax benefit for a member of the couple is determined on the basis of an estimate of adjusted taxable income for the year, and only one member of the couple returns to paid work during the year—the member of the couple whose original estimate of adjusted taxable income is the lower estimate for the couple for the year (disregarding subclause 3(2) of Schedule 3).

second income (other rate) threshold has the meaning given by subclause 3A(6) of Schedule 2.

Secretary’s rules has the meaning given by subsection 85GB(2).

senior AFP member has the same meaning as in the Criminal Code.

senior secondary school child has the meaning given by section 22B.

service pension has the same meaning as in the Social Security Act 1991.

session of care has the meaning given by Minister’s rules made for the purposes of section 9.

shared care percentage for an individual for an FTB child has the meaning given by section 59.

single income family bonus means a payment to which an individual is entitled under section 101.

single income family supplement means the supplement for which an individual is eligible under Division 6 of Part 3.

social security benefit has the same meaning as in the Social Security Act 1991.

social security payment has the same meaning as in the Social Security Act 1991.

social security pension has the same meaning as in the Social Security Act 1991.

special category visa has the same meaning as in the Migration Act 1958.

standard reduction, in relation to a family tax benefit advance, has the meaning given by clause 41 of Schedule 1.

State/Territory child welfare law has the meaning given by subsection 85ED(2).

stillborn baby payment means the payment for which an individual is eligible under Division 2 of Part 3.

stillborn child means a child: who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and who has not breathed since delivery; and whose heart has not beaten since delivery. studying overseas full-time: see section 3C.

who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

who has not breathed since delivery; and

whose heart has not beaten since delivery.

studying overseas full-time: see section 3C.

subsidised hours has the meaning given by subclause 11(1) of Schedule 2.

takes reasonable action to participate in family dispute resolution has the meaning given by subsection 35FA(3).

taxable income has the same meaning as in the Income Tax Assessment Act.

temporarily separated couple has the same meaning as in the Social Security Act 1991.

third income (other rate) threshold has the meaning given by subclause 3A(6) of Schedule 2.

transition to work payment has the meaning given by subsection 85CK(3).

undertaking full-time study has the same meaning as in the Social Security Act 1991.

upper income (base rate) threshold has the meaning given by subclause 3(4) of Schedule 2.

upper income (other rate) threshold has the meaning given by subclause 3A(6) of Schedule 2.

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

Veterans’ Children Education Scheme means the scheme prepared under section 117 of the Veterans’ Entitlements Act 1986 (as the scheme is in force at the commencement of this definition).

week, in relation to child care subsidy and additional child care subsidy, has the meaning given in subsection (6).

youth allowance means a payment under Part 2.11 of the Social Security Act 1991.

is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and

has qualifications or experience in assessing impairment in adults.

the duration of the period is more than 8 weeks; or

in a case where the compliance penalty period immediately succeeded another compliance penalty period—it has been more than 8 weeks since any compliance penalty period did not apply to the person.

the compliance penalty period; or

in a case where the compliance penalty period immediately succeeded another compliance penalty period—the period since any compliance penalty period did not apply to the person;

started in the income year preceding the income year in which the 8 weeks referred to in subsection (8) elapsed, that subsection does not apply in relation to the compliance penalty period until the start of the later income year.

a social security pension;

a social security benefit;

a service pension;

income support supplement;

a veteran payment.

General rule—person taken to receive payment during suspension

the individual is not engaging in paid work during that year; and

the individual later engages in paid work for an average of at least 10 hours per week for 4 consecutive weeks that start during that year.

the individual is not engaging in paid work during that year; and

the individual later engages in paid work during that year, but not for an average of at least 10 hours per week for 4 consecutive weeks that start during that year; and

the Secretary is notified in writing that the individual returned to paid work during that year:

during the income year following that year and in accordance with subsection (4); or

if a claim is made under the Family Assistance Administration Act for payment of family tax benefit for a past period that occurs in that year and the claim is made during the second income year following that year—in accordance with subsection (5).

if:

both members of the couple are eligible for family tax benefit at any time, during that income year, before the individual engages in paid work (whether the members of the couple are eligible at the same time or at different times); and

the individual is a member of the same couple at the time of the notification;

both members of the couple; and

if:

both members of the couple are eligible for family tax benefit at any time, during that income year, before the individual engages in paid work (whether the members of the couple are eligible at the same time or at different times); and

the individual is no longer a member of the same couple at the time of the notification;

the individual who engages in the paid work; and

if at all times, during that income year, before the individual engages in paid work, only one member of the couple is eligible for family tax benefit—the member of the couple who is eligible for family tax benefit.

one or more standard vaccination schedules for the immunisation of children; and

one or more catch up vaccination schedules for the immunisation of children who have not been immunised in accordance with a standard vaccination schedule.

whether the adult is eligible for child care subsidy under Division 2 of Part 4A; or

whether an approved provider is eligible for ACCS (child wellbeing) for sessions of care provided to the child; or

whether the adult’s FTB child rate in relation to the child is reduced under subclause 7(2) or (3) or 26(3) or (4) of Schedule 1 (see sections 61A and 61B).

Child immunised

a general practitioner, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the Australian Immunisation Handbook; or

a general practitioner, a paediatrician, a public health physician, an infectious diseases physician or a clinical immunologist has certified in writing that the child does not require immunisation because the child has contracted a disease or diseases and as a result has developed a natural immunity; or

the child is a participant in a vaccine study approved by a Human Research Ethics Committee registered with the National Health and Medical Research Council.

Temporary unavailability of vaccine

the child has not received a vaccination at a particular age; and

the person who occupies, or is acting in, the position of Commonwealth Chief Medical Officer has certified in writing that the vaccine for that vaccination is, or all of the vaccines for that vaccination are, temporarily unavailable; and

if that vaccine, or one of those vaccines, had been available, the Secretary is satisfied that the child would have been immunised; and

that vaccine has not, or none of those vaccines have, become available.

Child vaccinated overseas

the child has received one or more vaccinations while outside Australia; and

a recognised immunisation provider has certified in writing that those vaccinations have provided the child with the same level of immunisation that the child would have acquired if the child had been vaccinated in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section 4; and

the child has received, whether in or outside Australia, all the other vaccinations in accordance with a standard vaccination schedule, or a catch up vaccination schedule, determined under section 4.

Secretary’s decision

a certification under paragraph (3)(a) or (b), (4)(b) or (5)(b);

an application for a determination under subsection (6).

(a) that an individual who is not an Australian resident is taken to be an Australian resident for the purposes of Division 2 of Part 4A (eligibility for CCS); and

if the determination is for a period—the period in respect of which the person is taken to be an Australian resident.

hardship would be caused to the individual if the individual were not treated as an Australian resident for a period or indefinitely; or

because of the special circumstances of the particular case, the individual should be treated as an Australian resident for a period or indefinitely.

the child is enrolled for care by the service and the child attends the session of care or any part of it; or

if the child does not attend any part of the session of care—the service is taken to have provided the session of care to the child under subsection (2), (3) or (5).

Allowable absences

had the child attended the session of care, one or more of the hours in the session would have been taken into account in accordance with paragraph 4(1)(a) of Schedule 2; and

the day is:

a day on which the child is enrolled for care by the service; and

after the day the child first attended a session of care provided by the service; and

not after the last day the child attended a session of care provided by the service before the child ceased to be enrolled for care by the service; and

not a day prescribed by the Minister’s rules; and

either:

there have been no more than 41 days in the financial year on which an approved child care service is taken to have provided a session of care to the child under this subsection as a result of this subparagraph; or

if the Minister’s rules prescribe a particular event or circumstance—the conditions referred to in subsection (2AA) are met.

(2AA) For the purposes of subparagraph (2)(c)(ii), the conditions are that:

any conditions prescribed by the Minister’s rules for the prescribed event or circumstance are met; and

if the Minister’s rules prescribe a number of days for the event or circumstance for all or part of the financial year—there have been no more than that number of days, in the financial year or the part of the financial year, on which an approved child care service is taken to have provided a session of care to the child under subsection (2) as a result of subparagraph (2)(c)(ii) in relation to that event or circumstance.

the service is not taken to have provided the session of care to the child on the day under subsection (2); and

had the child attended the session of care, one or more of the hours in the session would have been taken into account in accordance with paragraph 4(1)(a) of Schedule 2; and

the day is:

a day on which the child is enrolled for care by the service; and

after the day the child first attended a session of care provided by the service; and

not after the last day the child attended a session of care provided by the service before the child ceased to be enrolled for care by the service; and

not a day prescribed by the Minister’s rules; and

the absence is for a reason specified in subsection (4); and

if the absence is for an illness referred to in paragraph (4)(a) or (b)—the service has been given a certificate that was issued by a medical practitioner in relation to the illness.

the child is ill;

any of the following persons is ill:

the individual in whose care the child is;

the partner of the individual in whose care the child is;

an individual with whom the child lives;

the child is attending preschool;

alternative care arrangements have been made for the child on a pupil-free day;

a reason prescribed by the Minister’s rules.

the service is not taken to have provided the session of care to the child on the day under subsection (2) or (3) only because the day is:

before the day the child first attended a session of care provided by the service; or

after the last day the child attended a session of care provided by the service before the child ceased to be enrolled for care by the service; and

the Secretary is satisfied that exceptional circumstances exist in relation to:

the child; or

the individual in whose care the child is; or

the partner of the individual in whose care the child is; or

an individual with whom the child lives; and

the Secretary determines that the exceptional circumstances referred to in paragraph (b) apply in relation to the day.

the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or

the amount of a payment making up for arrears in such a series.

(a) a payment received under subsection 76(1) of the Child Support (Registration and Collection) Act 1988 in relation to a registered maintenance liability (within the meaning of that Act) is taken to be received from the individual who is the payer (within the meaning of that Act) in relation to the liability; and

(b) a reference to a benefit received by an individual includes a reference to a benefit received by the individual because of a payment made to, or a benefit conferred on, another individual (including a payment made or benefit conferred under a liability owed to the other individual); and

(c) a reference to a payment or benefit received from an individual includes a reference to a payment or benefit received:

directly or indirectly from the individual; and

out of any assets of, under the control of, or held for the benefit of, the individual; and

(iii) from the individual under or as a result of a court order, a court registered or approved maintenance agreement, a financial agreement (within the meaning of the Family Law Act 1975), a Part VIIIAB financial agreement (within the meaning of that Act) or otherwise.

the payment or benefit is provided for expenses arising directly from:

a physical, intellectual or psychiatric disability; or

a learning difficulty;

of an FTB child of the individual; and

the disability or difficulty is likely to be permanent or to last for an extended period; and

the payment or benefit is received:

by the individual for the maintenance of the FTB child; or

by the FTB child for the child’s own maintenance; and

the payment or benefit is received from:

a parent or relationship parent of the child; or

the former partner of a parent or relationship parent of the child.

the individual:

has at least one FTB child; or

has at least one regular care child who is also a rent assistance child; and

the individual:

is an Australian resident; or

is a special category visa holder residing in Australia; or

satisfies subsection (1A) or (1B); and

the individual’s rate of family tax benefit, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 and disregarding section 58A and subclauses 31B(3), 38AA(3) and 38AF(3) of Schedule 1, is greater than nil.

Visa holders who may qualify for special benefit

(a) the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; and

either:

the individual is in Australia; or

the individual is temporarily absent from Australia for a period not exceeding 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

Visa holders connected with the Pacific Australia Labour Mobility scheme

the individual is the holder of:

(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa; or

a visa of a kind determined under subsection (1C) of this section for the purposes of this subparagraph; and

(b) either:

the individual is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; or

(ii) the visa is granted on the basis that the individual is a member of the family unit (within the meaning of the Migration Act 1958) of such a participant; and

the individual is in a class determined under subsection (1C).

kinds of visas for the purposes of subparagraph (1B)(a)(ii) (subject to subsection (1D)); and

classes of individuals for the purposes of paragraph (1B)(c).

the kind of visa has replaced or will replace:

the kind of visa mentioned in subparagraph (1B)(a)(i); or

a kind of visa previously determined under paragraph (1C)(a); and

the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

the individual is aged under 16; and

the individual is in the adult’s care; and

the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and

the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph (5)(a), (b) or (c).

Individual aged 16-17

the individual has turned 16 but is aged under 18; and

the individual is in the adult’s care; and

the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and

the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph (5)(a), (b) or (c); and

the individual is a senior secondary school child.

Individual aged 18-19

the individual is aged 18 or is aged 19 and the calendar year in which the individual turned 19 has not ended; and

the individual is in the adult’s care; and

the individual is an Australian resident, is a special category visa holder residing in Australia or is living with the adult; and

the individual is a senior secondary school child.

Legal responsibility for the individual

the adult is legally responsible (whether alone or jointly with someone else) for the day-to-day care, welfare and development of the individual; or

under a family law order, registered parenting plan or parenting plan in force in relation to the individual, the adult is someone with whom the individual is supposed to live or spend time; or

the individual is not in the care of anyone with the legal responsibility for the day-to-day care, welfare and development of the individual.

Percentage of care at least 35%

the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under the ABSTUDY scheme; and

the payments are being paid on the basis that the individual:

(i) is undertaking full-time study at a secondary school (within the meaning of the Student Assistance Act 1973); and

is, in accordance with the ABSTUDY scheme, a student approved to live away from home; and

is boarding away from home for the purposes of attending the school.

the following requirement is satisfied:

for the purposes of subclause 29(3) or 36(2) of Schedule 1—the individual is aged 16 or 17 or is aged 18 and the calendar year in which the individual turned 18 has not ended;

for the purposes of any other provision of this Act—the individual is aged 16, 17 or 18 or is aged 19 and the calendar year in which the individual turned 19 has not ended; and

one of the following applies:

the individual is undertaking full-time study in an approved course of education or study that would, in the Secretary’s opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education;

the individual is studying overseas full-time in a way that would, in the Secretary’s opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education;

subsection (2) applies in relation to the individual.

Exemption from full-time study requirement

there is no locally accessible approved course of education or study (including any such course available by distance education); or

where there is such a course:

there is no place available on the course for the individual; or

the individual is not qualified to undertake the course; or

the individual lacks capacity to undertake the course because the individual has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or

in the Secretary’s opinion, special circumstances exist that make it unreasonable to require the individual to undertake an approved course of education or study.

Determination of full-time study hours

if the day the individual completes that final year of secondary school or equivalent level of education is in November or December in a calendar year—31 December of that year; or

if the day the individual completes that final year of secondary school or equivalent level of education is before November—the period of 28 days beginning on the day after that day.

Interpretation

(a) an individual is an FTB child of another individual (the adult) under subsection 22(2) or (3); and

the circumstances surrounding legal responsibility for the care of the individual are those mentioned in paragraph 22(5)(a) or (b); and

an event occurs in relation to the child without the adult’s consent that prevents the child being in the adult’s care; and

the adult takes reasonable steps to have the child again in the adult’s care.

When the child remains an FTB child of the adult

the child would have been an FTB child of the adult under subsection 22(2) or (3) if the child had not ceased to be in the adult’s care; and

the circumstances surrounding legal responsibility for the care of the child are those mentioned in paragraph 22(5)(a) or (b).

a child who is an FTB child under subsection 22(2) or (3) in its application by virtue of subsection 22(7); and

a child who is an FTB child under subsection 22(2) or (3), but who is taken not to be an FTB child under section 25.

if the child again comes into the adult’s care at a later time—that later time;

either:

after 14 weeks pass since the child ceased to be in the adult’s care; or

if the Secretary specifies, under subsection (5A), a day that is earlier than the last day in that 14-week period—the end of that earlier day;

if:

the adult is a parent of the child; and

no family law order, registered parenting plan or parenting plan is in force in relation to the child; and

the child comes into the care of the other parent at a later time;

that later time.

Shorter qualifying period

any of the following applies:

an FTB child leaves Australia;

a child born outside Australia is an FTB child at birth;

a regular care child leaves Australia;

a child born outside Australia is a regular care child at birth; and

the child continues to be absent from Australia for more than 6 weeks;

during that absence from Australia, the child is neither an FTB child, nor a regular care child, at any time after the period of 6 weeks beginning on the first day of the child’s absence from Australia.

a child is neither an FTB child nor a regular care child because of the application of subsection (1) or a previous application of this subsection; and

the child comes to Australia; and

the child leaves Australia less than 6 weeks after coming to Australia;

the child is neither an FTB child nor a regular care child at any time during the absence from Australia referred to in paragraph (c).

Maximum period of eligibility for family tax benefit while individual overseas

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

the individual then ceases to be eligible for family tax benefit because of the application of subsection (4) or a previous application of this subsection; and

the individual returns to Australia; and

the individual leaves Australia again less than 6 weeks after returning to Australia;

the individual is not eligible for family tax benefit at any time during the absence from Australia referred to in paragraph (d).

Extension of 6-week period in certain circumstances

a serious accident involving the person or a family member of the person;

a serious illness of the person or a family member of the person;

the hospitalisation of the person or a family member of the person;

the death of a family member of the person;

the person’s involvement in custody proceedings in the country in which the person is located;

a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

robbery or serious crime committed against the person or a family member of the person;

a natural disaster in the country in which the person is located;

political or social unrest in the country in which the person is located;

industrial action in the country in which the person is located;

a war in the country in which the person is located.

the event occurred or began during the initial period; and

if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in the event.

(a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or

deployed outside Australia, for the purpose of capacity-building or peacekeeping functions, as:

a member or a special member of the Australian Federal Police; or

(ii) a protective service officer within the meaning of the Australian Federal Police Act 1979.

whether one member of the couple is the primary carer for the child or children; and

(b) whether the members have made a written agreement nominating one of them as the member who can make a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child or children.

2 individuals are members of the same couple; and

(b) either or both of the individuals have a child (the qualifying child) from another relationship (whether before or after the 2 individuals became members of that couple).

each qualifying child that is an FTB child, or regular care child, of one member of the couple is taken also to be an FTB child, or regular care child, (as the case requires) of the other member of the couple; and

if the Secretary has determined, under section 35A or 35B, one individual’s percentage of care for the qualifying child during a care period (whether before or after the 2 individuals became members of that couple)—the Secretary is taken to have determined the same percentage to be the other individual’s percentage of care for the child during that period.

(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

at least one of the children is a child of a previous relationship of person A; and

at least one of the other children is:

a child of the relationship between person A and person B; or

a child of a previous relationship of person B;

the Secretary may:

determine that person A and person B are both eligible for family tax benefit for the children for the period; and

determine person A’s and person B’s percentage of the family tax benefit for the children.

(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:

the child is the natural child, adopted child or relationship child of the individual; or

the individual is legally responsible for the child.

an individual is eligible for family tax benefit (except under section 33) in respect of one or more FTB children or regular care children; and

one of the children dies; and

in a case where the individual is eligible for family tax benefit in respect of more than one child immediately before the child mentioned in paragraph (1)(b) died—the individual’s rate of family tax benefit would decrease as a result of the child’s death.

Individual remains eligible for family tax benefit for 14 weeks after the death of the child

if the child had turned 16 when the child died—any day on which the Secretary is satisfied the child would not have been a senior secondary school child if the child had not died; or

if the child had not turned 16 when the child died—any day on which the child would have been aged 16, and on which the Secretary is satisfied the child would not have been a senior secondary school child, if the child had not died.

Eligibility during the period to which subsection (2) applies is sole eligibility

the individual to whom section 31 applies was, immediately before the child concerned died, entitled to be paid family tax benefit by instalment; and

(b) the individual, on any day (the request day) during the period (the section 31 accrual period) for which the individual is eligible for family tax benefit under that section, makes a claim, under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999, for payment of family tax benefit because of the death of a person, stating that the individual wishes to become eligible for a single amount of family tax benefit under this subsection;

then:

the individual is eligible for a single amount of family tax benefit worked out under subsection 65(1); and

the period for which the individual is eligible for family tax benefit under subsection 31(2) does not include the lump sum period mentioned in subsection 65(1).

Other cases

the individual to whom section 31 applies was, immediately before the child concerned died, not entitled to be paid family tax benefit by instalment; and

apart from this subsection, the period for which the individual is eligible for family tax benefit under subsection 31(2) extends over 2 income years;

then:

the individual is eligible for a single amount of family tax benefit for the period falling in the second of those income years worked out under subsection 65(3); and

the period for which the individual is eligible for family tax benefit under subsection 31(2) does not include the period falling in the second of those income years.

(a) an individual is eligible for an amount (the subject amount) of family tax benefit (except because of section 31 or 32 applying in relation to the death of an FTB child or a regular care child); and

the individual dies; and

(c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); and

another individual makes a claim under that Part for payment of family tax benefit because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and

the Secretary considers that the other individual ought to be eligible for that much of the subject amount;

the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount.

Eligibility because of the death of an FTB or regular care child

an individual dies; and

either:

(i) before the individual’s death, the individual was eligible for an amount (the subject amount) of family tax benefit under section 31 or 32 in relation to the death of an FTB child or regular care child, and the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 had been made); or

the individual died at the same time as the FTB child or regular care child, and would have been so eligible for the subject amount if the individual had not died; and

another individual makes a claim under that Part for payment of family tax benefit because of the death of a person, stating that the individual wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and

the Secretary considers that the other individual ought to be eligible for that much of the subject amount;

the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount.

Subdivision C—Eligibility of approved care organisations for family tax benefit

the individual:

is aged under 16; or

has turned 16 and is a senior secondary school child; and

the individual is a client of the organisation; and

the individual is an Australian resident.

an organisation that is not an approved care organisation is providing residential care services to young people in Australia; and

an approved care organisation is co-ordinating the provision of those services;

the young people are taken to be clients of the approved care organisation.

the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under the ABSTUDY scheme; and

the payments are being paid on the basis that the individual:

(i) is undertaking full-time study at a secondary school (within the meaning of the Student Assistance Act 1973); and

is, in accordance with the ABSTUDY scheme, a student approved to live away from home; and

is boarding away from home for the purposes of attending the school.

(a) the Secretary is satisfied that an individual (the adult) has no care of a child but that:

the child is an FTB child of the adult under section 23; or

(ii) the child would, under subsection 22(2), (3) or (4), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and

(b) the adult, or the partner of the adult, makes or has made a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in the care period; and

the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3) or (4), an FTB child of the other individual or individuals; and

section 35C or 35G applies in relation to the adult;

the Secretary must determine the adult’s percentage of care for the child during the care period in accordance with that section.

Determination after revocation

(a) the Secretary revokes or suspends, under Subdivision E of this Division (except under paragraph 35PA(3)(b) or 35QA(3)(b)), a determination of an individual’s (the adult) percentage of care for a child that was made under this section or section 35B; and

the Secretary is satisfied that the adult has no care of the child but that:

the child is an FTB child of the adult under section 23; or

(ii) the child would, under subsection 22(2), (3) or (4), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and

the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3) or (4), an FTB child of the other individual or individuals; and

section 35C or 35G applies in relation to the adult;

the Secretary must determine the adult’s percentage of care for the child during the care period in accordance with that section.

(a) the Secretary is satisfied that there has been, or will be, a pattern of care for a child over a period (the care period) such that, for the whole, or for parts (including different parts), of the care period, the child was or will be, under subsection 22(2), (3) or (4), an FTB child of more than one individual; and

(b) one of those individuals (the adult), or the partner of the adult, makes or has made a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in the care period; and

the adult is not a partner of at least one of the other individuals referred to in paragraph (a);

the Secretary must determine the adult’s percentage of care for the child during the care period.

Determination after revocation

(a) the Secretary revokes or suspends, under Subdivision E of this Division (except under paragraph 35PA(3)(b) or 35QA(3)(b)), a determination of an individual’s (the adult) percentage of care for a child that was made under section 35A or this section; and

(b) the Secretary is satisfied that there has been, or will be, a pattern of care for the child over a period (the care period) such that, for the whole, or for parts (including different parts), of the care period, the child was or will be, under subsection 22(2), (3) or (4), an FTB child of the adult and at least one other individual; and

the adult is not a partner of at least one of those other individuals;

the Secretary must determine the adult’s percentage of care for the child during the care period.

Percentage of care

a care arrangement applies in relation to a child; and

the Secretary is satisfied that the actual care of the child that the adult has had, or will have, during a care period does not comply with the extent of care of the child that the adult should have had, or is to have, under the care arrangement during the care period (which may be nil); and

an individual who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with.

2 percentages of care in relation to the adult

if section 35A applies in relation to the adult—0%; or

if the Secretary is satisfied that the adult would have during the care period if the action referred to in paragraph (1)(c) were not to succeed.section 35B applies in relation to the adult—a percentage that corresponds with the actual care of the child that

Single percentage of care in relation to the adult

if section 35A applies in relation to the adult—0%; or

if the Secretary is satisfied that the adult would have during the care period if the action referred to in paragraph (1)(c) were not to succeed.section 35B applies in relation to the adult—a percentage that corresponds with the actual care of the child that

the Secretary is required by section 35A or 35B to determine an individual’s percentage of care for a child; and

subsection 35A(1) or 35B(1) applies; and

the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit for a past period;

section 35C applies in relation to the individual as if the determination were being made on the first relevant day of the past period.

Determination after revocation

(a) the Secretary is required by new determination) an individual’s percentage of care for a child; andsection 35A or 35B to determine (the

subsection 35A(2) or 35B(2) applies; and

(c) the determination (the earlier determination) referred to in paragraph 35A(2)(a) or 35B(2)(a) relates to a claim for payment of family tax benefit for a past period;

section 35C applies in relation to the individual as if the new determination were being made on the relevant day after the revocation of the earlier determination.

for a claim referred to in paragraph 35A(1)(b) or 35B(1)(b) that is a claim for payment of family tax benefit for a past period—the first day of the past period is after the end of the maximum interim period for the determination; or

the day the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is made is after the end of the maximum interim period for the determination.

an earlier determination determined the individual’s percentage of care for a child under that section for the purposes of subsections 35C(3) and (4); and

the later determination is made after the end of the maximum interim period for the earlier determination; and

the later determination relates to the same care arrangement as the earlier determination.

beginning on:

the individual’s change of care day, unless subsection (2) applies; or

if subsection (2) applies—the day specified in that subsection; and

ending:

as set out in the applicable item of the following table, unless subparagraph (ii), (iii) or (iv) applies; or

if the individual referred to in paragraph 35C(1)(c) who has reduced care of the child ceases to take reasonable action to ensure that the care arrangement is complied with—on the day the individual so ceases; or

if a care arrangement in relation to the child ceases to apply on a day—on that day; or

if a care arrangement in relation to the child begins to apply on a day—on the day before that day.

Beginning of later interim periods

an interim period for the determination ends under item 2, 4 or 5 of the table in subsection (1) before the end of the maximum interim period for the determination; and

the individual referred to in paragraph 35C(1)(c) who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with; and

(c) the individual (the second carer) who has increased care of the child ceases to take reasonable action to participate in family dispute resolution before the end of the maximum interim period;

then a further interim period for the determination begins on the day the second carer ceases to take such reasonable action.

When an individual takes reasonable action to participate in family dispute resolution

the individual:

initiates and participates in family dispute resolution; or

participates in family dispute resolution that was initiated by the individual referred to in paragraph 35C(1)(c) who has reduced care of the child; and

in relation to determining whether an interim period begins on the change of care day for the individual—the individual takes an action referred to in paragraph (a) within a reasonable period of that day.

Determinations made before the end of a maximum interim period

the adult, or the partner of the adult, has made a claim for payment of family tax benefit by single payment/in substitution because of the death of another individual; and

the claim relates to a child who has died; and

(c) a determination (the earlier determination) of the adult’s percentage of care for the child applied, immediately before the child’s death, in relation to a claim by the adult or the partner for payment of family tax benefit by instalment.

section 35C did not apply in relation to the individual; or

all of the following apply:

section 35C did apply in relation to the individual;

(ii) the determination (the later determination) was made while an earlier determination of the individual’s percentage of care for the child was suspended under subsection 35PA(2) or 35QA(2);

the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 35PA(4) or 35QA(4);

the later determination has not been revoked; or

section 35C did apply in relation to the individual but the determination made under section 35A or 35B determined a single percentage of care for the child for the purposes of subsection 35C(5); or

section 35G applied in relation to the individual.

if:

the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit by single payment/in substitution because of the death of another individual; and

the claim relates to a child who has died;

the day on which the claim referred to in that paragraph is or was made; or

otherwise—the first day of the care period.

a determination of an individual’s percentage of care for a child is made under section 35A or 35B; and

2 percentages of care were determined for the purposes of subsection 35C(2) in relation to the individual; and

the determination is not suspended under subsection 35PA(2) or 35QA(2).

the percentage of care referred to in subsection 35C(3) applies to each day in a care period that occurs in the interim period for the determination; and

the percentage of care referred to in subsection 35C(4) applies to each day in a care period that does not occur in the interim period for the determination.

the Secretary or Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual’s existing percentage of care for the child; and

the Secretary is satisfied:

that the individual’s shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual’s percentage of care for the child; or

that, if the Secretary were to determine under that section another percentage to be the individual’s percentage of care for the child, the other percentage would not be in the same percentage range as the individual’s existing percentage of care; and

subsection (2) applies in relation to the individual.

section 35C did not apply in relation to the individual; or

section 35C did apply in relation to the individual but the maximum interim period for the determination has ended; or

all of the following apply:

section 35C did apply in relation to the individual;

the maximum interim period for an earlier determination of the individual’s percentage of care for the child has not ended;

an interim period for the earlier determination does not currently apply;

the determination referred to in subsection (1) was made while the earlier determination was suspended under this Subdivision.

if the change of care day for the individual occurs during an interim period for the determination—the day on which the interim period ends; or

otherwise—the day before the change of care day for the individual.

(a) a determination (the earlier determination) of an individual’s percentage of care (the actual percentage) for a child has been made under section 35A or 35B for the purposes of subsection 35C(4); and

the Secretary or Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual’s actual percentage for the child; and

the Secretary is satisfied:

that the individual’s shared care percentage for the child would change if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual’s percentage of care for the child; or

that, if the Secretary were to determine under that section another percentage to be the individual’s percentage of care for the child, the other percentage would not be in the same percentage range as the individual’s existing percentage of care; and

section 35P does not apply; and

an interim period for the earlier determination does not currently apply; and

the maximum interim period for the earlier determination has not ended.

Suspending the determination

the suspension of the earlier determination; and

(b) any determination (the later determination) of the individual’s percentage of care for the child that was made under section 35A or 35B during the suspension.

A revocation under this subsection takes effect at the end of the day before the individual ceases to take that reasonable action.

Ending of maximum interim period

the earlier determination (and any suspension of the earlier determination); and

any later determination that meets the following conditions:

the later determination was made during the suspension of the earlier determination;

the Secretary is satisfied that the care of the child that is actually taking place does not correspond with the individual’s percentage of care for the child determined under the later determination.

the Secretary or Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual’s existing percentage of care for the child; and

the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual’s percentage of care for the child, the other percentage would not be the same as the individual’s existing percentage of care for the child; and

sections 35P and 35PA do not apply; and

subsection (2) applies in relation to the individual.

section 35C did not apply in relation to the individual; or

section 35C did apply in relation to the individual but the maximum interim period for the determination has ended; or

all of the following apply:

section 35C did apply in relation to the individual;

the maximum interim period for an earlier determination of the individual’s percentage of care for the child has not ended;

an interim period for the earlier determination does not currently apply;

the determination referred to in subsection (1) was made while the earlier determination was suspended under this Subdivision.

if the change of care day for the individual occurs during an interim period for the determination—the day on which the interim period ends; or

otherwise—the day before the change of care day for the individual.

(a) a determination (the earlier determination) of an individual’s percentage of care (the actual percentage) for a child has been made under section 35A or 35B for the purposes of subsection 35C(4); and

the Secretary or Child Support Registrar is notified, or otherwise becomes aware, that the care of the child that is actually taking place does not correspond with the individual’s actual percentage for the child; and

the Secretary is satisfied that, if the Secretary were to determine, under section 35A or 35B, another percentage to be the individual’s percentage of care for the child, the other percentage would not be the same as the individual’s actual percentage for the child; and

sections 35P, 35PA and 35Q do not apply; and

an interim period for the earlier determination does not currently apply; and

the maximum interim period for the earlier determination has not ended.

Suspending the determination

the suspension of the earlier determination; and

(b) any determination (the later determination) of the individual’s percentage of care for the child that was made under section 35A or 35B during the suspension.

A revocation under this subsection takes effect at the end of the day before the individual ceases to take that reasonable action.

Ending of maximum interim period

the earlier determination (and any suspension of the earlier determination); and

any later determination that meets the following conditions:

the later determination was made during the suspension of the earlier determination;

the Secretary is satisfied that the care of the child that is actually taking place does not correspond with the individual’s percentage of care for the child determined under the later determination.

the determination relates to a claim for payment of family tax benefit for a past period; and

if section 35C applied in relation to the individual—the maximum interim period for the determination has ended.

if the change of care day for the individual occurs during an interim period for the determination—the day on which the interim period ends; or

otherwise—the day before the change of care day for the individual.

the Secretary is required by a provision of Subdivision D of this Division to determine an individual’s percentage of care for a child in relation to a claim for payment of family tax benefit; and

(b) the Child Support Registrar has determined the individual’s percentage of care for the child (the child support care determination) under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; and

the child support care determination has not ceased to apply or been revoked;

then:

the child support care determination has effect, for the purposes of this Act as it applies to such a claim, as if it were a determination of the individual’s percentage of care for the child that has been made by the Secretary under a corresponding provision of Subdivision D of this Division; and

the individual’s percentage of care for the child applies, for the purposes of this Act as it applies to such a claim, in the same way, and in the same circumstances, in which it would apply if it had been determined by the Secretary under such a provision; and

the child support care determination may cease to apply, or be revoked, under Subdivision D or E of this Division in the same way, and in the same circumstances, in which a determination made under Subdivision D of this Division may cease to apply, or be revoked.

(a) the Child Support Registrar considers an objection to a decision under Child Support (Registration and Collection) Act 1988; andPart VII of the

considering the objection involves (wholly or partly) a consideration of a determination that:

(i) was made under a provision of Subdivision B of Child Support (Assessment) Act 1989; orDivision 4 of Part 5 of the

has effect, under section 54K of that Act, as if it were a determination made under such a provision; and

the Child Support Registrar’s decision on the objection has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

(a) the ART has reviewed a decision on application referred to in Child Support (Registration and Collection) Act 1988; andsection 89 of the

the review involves (wholly or partly) a review of a determination that:

(i) was made under a provision of Subdivision B of Child Support (Assessment) Act 1989; orDivision 4 of Part 5 of the

has effect, under section 54K of that Act, as if it were a determination made under such a provision; and

the decision on review has the effect of varying or substituting the determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

the child is a stillborn child; and

had the child been born alive:

the child would have been an FTB child of the individual at birth; and

the individual, or the individual’s partner, would have been the primary carer of the child at birth; and

either:

the individual would have been eligible for family tax benefit in respect of the child, at any time within the period of 26 weeks starting on the day of the child’s delivery, assuming the child had not been a stillborn child; or

the individual would have been so eligible on the assumption described in subparagraph (i) except that the individual’s rate of family tax benefit, worked out under Division 1 of Part 4, is nil; and

the claim for payment of stillborn baby payment contains an estimate of the sum of:

the individual’s adjusted taxable income; and

if the individual is a member of a couple on the day the claim is made—the adjusted taxable income of the individual’s partner;

for the period of 6 months beginning on the day of the child’s delivery; and

that estimate is less than or equal to $60,000 and the Secretary considers that estimate to be reasonable.

either:

a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual or the individual’s partner; or

a determination under the Secretary is satisfied that the individual or the individual’s partner is eligible for family tax benefit under section 32 of this Act; andsection 18 of the Family Assistance Administration Act is in force in respect of the individual or the individual’s partner because

the individual’s or the individual’s partner’s rate of family tax benefit, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1 and disregarding section 58A and subclauses 38AA(3) and 38AF(3) of Schedule 1, consisted of or included a Part A rate greater than nil.

Estimate of adjusted taxable income

a reference in Schedule 3 to an income year is taken to be a reference to the 6-month period mentioned in that paragraph; and

disregard subclause 2(2) and clauses 3 and 3A of that Schedule.

Exception

the individual has at least one qualifying child; and

the individual:

is an Australian resident; or

is a special category visa holder residing in Australia; or

satisfies subsection (2); and

the individual is not an absent overseas recipient (see subsections (4) and (5)); and

the individual’s rate of single income family supplement, worked out under Division 4B of Part 4, is greater than nil.

When individual satisfies this subsection

(a) the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; and

either:

the individual is in Australia; or

the individual is temporarily absent from Australia for a period not exceeding 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

Qualifying child

the individual is an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

(i) the individual is receiving disability support pension under Social Security Act 1991 and the individual’s maximum basic rate is worked out under item 1 or 3 of Table B in point 1066A-B1 or item 1 or 3 of Table B in point 1066B-B1 of that Act;Part 2.3 of the

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

(i) the individual is receiving youth allowance and the individual’s maximum basic rate is worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of the Social Security Act 1991;

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

(i) the individual is receiving special benefit under Social Security Act 1991;Part 2.15 of the

if youth allowance were payable to the individual, the individual’s maximum basic rate would be worked out under item 1 or 2 of Table BA in point 1067G-B2 or item 1 of Table BC in point 1067G-B4 of that Act;

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

the individual, or someone on behalf of the individual, is receiving instalments under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance that is being paid at the standard (at home) rate;

the individual is a dependent student under the scheme and is aged 16 or more and under 21;

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Veterans’ Children Education Scheme;

the individual is aged 16 or more;

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)); or

the following apply:

the individual, or someone on behalf of the individual, is receiving education allowance under section 3.3 of the Military Rehabilitation and Compensation Act Education and Training Scheme;

the individual is aged 16 or more;

apart from subparagraph (i), the individual would be an FTB child of the adult (disregarding subsections 24(7) and (9)).

Absent overseas recipient

during that absence from Australia; and

after the end of the period of 6 weeks beginning on the first day of that absence.

an individual is eligible for single income family supplement while the individual is absent from Australia; and

the individual then becomes an absent overseas recipient because of the application of subsection (4) or a previous application of this subsection; and

the individual returns to Australia; and

the individual leaves Australia again less than 6 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).

2 individuals are members of the same couple; and

either or both of the individuals have a child from another relationship (whether before or after the 2 individuals became members of that couple).

(a) 2 individuals who are members of the same couple (person A and person B) would each be eligible for single income family supplement in respect of 2 or more qualifying children during a period but for subsection 57GA(1); and

at least one of the children is a child of a previous relationship of person A; and

at least one of the other children is:

a child of the relationship between person A and person B; or

a child of a previous relationship of person B;

the Secretary may:

determine that person A and person B are both eligible for single income family supplement for the children for the period; and

determine person A’s and person B’s percentage of the single income family supplement for the children.

(a) a qualifying 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) a qualifying child of an individual is an immediate child of the individual if:

the child is the natural child, adopted child or relationship child of the individual; or

the individual is legally responsible for the child.

(a) an individual is eligible for single income family supplement in respect of a period falling within the income year (the relevant income year) ending on the day before the commencement of this section or within a later income year (also the relevant income year); and

in order to become entitled to be paid single income family supplement in respect of that period, the individual is required to make a claim for payment of single income family supplement for a past period; and

the individual does not make the claim in accordance with section 65KD of the Family Assistance Administration Act;

then section 57G of this Act does not apply, and never again applies, to the individual from the start of the first income year after the relevant income year.

Subdivision B—Eligibility of individuals for single income family supplement where death occurs

an individual is eligible for single income family supplement (except under section 57GG) in respect of one qualifying child; and

that child dies.

Individual remains eligible for single income family supplement for 14 weeks after the death of the child

if the child had turned 16 when the child died—any day on which the Secretary is satisfied the child would not have been a senior secondary school child if the child had not died; or

if the child had not turned 16 when the child died—any day on which the child would have been aged 16, and on which the Secretary is satisfied the child would not have been a senior secondary school child, if the child had not died.

(a) an individual is eligible for an amount (the subject amount) of single income family supplement (except because of section 57GE or 57GF applying in relation to the death of a qualifying child); and

the individual dies; and

before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); and

another individual makes a claim under that Part for payment of single income family supplement because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and

the Secretary considers that the other individual ought to be eligible for that much of the subject amount;

the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount.

Eligibility because of the death of a qualifying child

an individual dies; and

either:

(i) before the individual’s death, the individual was eligible for an amount (the subject amount) of single income family supplement under section 57GE or 57GF in relation to the death of a qualifying child, and the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); or

the individual died at the same time as the qualifying child, and would have been so eligible for the subject amount if the individual had not died; and

another individual makes a claim under that Part for payment of single income family supplement because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and

the Secretary considers that the other individual ought to be eligible for that much of the subject amount;

the other individual is eligible for that much of the subject amount and no-one else is, or can become, eligible for or entitled to be paid any of the subject amount.

no family assistance is to be paid to the individual; and

the individual is not eligible for family assistance.

a benefit restriction notice given to the Minister in relation to an individual recommends that payments of family assistance of the individual be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act; and

apart from subsections (1) to (3), the individual would be eligible for the whole or a part of that family assistance;

then that whole or part may be paid to a payment nominee of the individual under that Part.

a benefit restriction notice is given to the Minister in relation to an individual; and

the individual is aged 19 or less on the day the notice is given;

then, for any day while the notice is or was in force, the individual cannot be an FTB child of another individual, cannot be a regular care child of another individual and cannot be a client of an approved care organisation.

Relationship with other provisions

(a) the individual is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Criminal Code); andDivision 395 of the

the individual has not been arrested under the warrant; and

a cancellation request for the individual has been made as mentioned in subsection (2).

Cancellation requests

by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

to any of the following:

the AFP Minister;

the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997;

the Department;

the Human Services Department.

Notice may recommend payments to payment nominee

the extent to which the individual is likely to be a threat or danger to the community while the individual is not arrested under the warrant;

the likely effect of the operation of section 57GI on the individual’s dependants, if the AFP Minister is aware of those dependants.

seek the advice of the Human Services Secretary in relation to paragraph (4)(b); and

inform the AFP Minister of that advice.

the Foreign Affairs Minister gives the ASIO Minister a notice under section 57GK in relation to the individual; or

(b) the individual’s visa is cancelled under Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); orsection 116 or 128 of the

(c) the individual’s visa is cancelled under Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; orsection 134B of the

(d) the individual’s visa is cancelled under Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).section 501 of the

the extent (if any) that any payments of family assistance of the individual are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the ASIO Minister is aware of that extent;

the likely effect of the operation of section 57GI on the individual’s dependants, if the ASIO Minister is aware of those dependants.

seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

inform the ASIO Minister of that advice.

the Secretary of the Department; and

the Human Services Secretary.

a determination in relation to an individual ceases to be in force because of subsection 57GI(2); and

the AFP Minister or ASIO Minister revokes the benefit restriction notice concerned;

the Secretary of the Department must cause reasonable steps to be taken to notify the individual of the revocation.

the organisation’s standard rate under subsection (2A); and

the organisation’s energy supplement under subsection (2B).

the approved care organisation was entitled to be paid family tax benefit in respect of 19 September 2016; and

the organisation ceases to be entitled to be paid family tax benefit in respect of a day on or after 20 September 2016;

then paragraph (2)(b) does not apply, and never again applies, to the organisation from:

if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or

if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.

Daily rate of family tax benefit

under Division 1A of Part 5 of Schedule 1 an amount of newborn supplement is added for a day in relation to both members of a couple and an FTB child of both members of the couple; and

in relation to that day, a determination under section 28 or 29 is in force in relation to both members of the couple and that child; and

that day is the first day on which an amount of newborn supplement is added in relation to that child;

then, despite subsection (1) of this section, each member of the couple is entitled to be paid, as an amount of family tax benefit in respect of that child, an amount equal to $500 multiplied by the percentage applicable under that determination for that member on that day.

Exceptions

the Secretary has determined the individual’s percentage of care for the child during a care period; and

that percentage is at least 35% and not more than 65%.

(a) an individual is an FTB child of an individual (person A); and

the FTB child is also an FTB child of one or more other individuals who are not person A’s partner; and

the FTB child is one of 3 or more FTB children who were born during the same multiple birth;

the Secretary may determine the manner in which multiple birth allowance under Division 2 of Part 5 of Schedule 1 is to be dealt with.

(a) becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; or

becomes the holder of a permanent visa, except:

(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(iia) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or

a visa of a kind determined in an instrument under subsection (2A) of this section; or

satisfies subsection 21(1B) of this Act (visa holders connected with the Pacific Australia Labour Mobility scheme).

an individual is subject to a newly arrived resident’s waiting period because of paragraph (2)(a) or (b); and

(b) the visa covered by paragraph (2)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act 1991; and

subsections (4) and (4A) do not apply;

the waiting period:

starts on the day on which the individual applied for that visa; and

ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

an individual is subject to a newly arrived resident’s waiting period because of paragraph (2)(a) or (b); and

(b) the individual has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act 1991;

the waiting period:

starts on the day on which the individual applied for the last of those visas; and

ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

an individual is subject to a newly arrived resident’s waiting period because of paragraph (2)(a) or (b); and

the individual has previously held one or more visas covered by paragraph 21(1B)(a) that are also of a kind determined under subsection (5B) of this section;

the waiting period:

starts on the day on which the individual became the holder of the first of those visas; and

ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

an individual is subject to a newly arrived resident’s waiting period because of paragraph (2)(a) or (b); and

subsections (3), (4) and (4A) do not apply to the individual;

the waiting period starts on the day on which the individual:

first entered Australia; or

becomes the holder of a permanent visa;

whichever occurs last, and ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

starts on the day on which the individual first became the holder of a visa covered by paragraph 21(1B)(a) that is also of a kind determined under subsection (5B) of this section; and

ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

the individual is receiving a social security pension or a social security benefit; or

(b) the individual is receiving farm household allowance under the Farm Household Support Act 2014; or

(c) parental leave pay under the Paid Parental Leave Act 2010 is payable to the individual.

(a) includes at least 10 consecutive week days which parental leave pay under the Paid Parental Leave Act 2010 is payable to the individual; and

starts and ends on the first and last of those consecutive days.

on the assessment day the individual is a refugee or a former refugee; or

the following apply:

the individual was a family member of another individual at the time the other individual became a refugee before the assessment day;

the individual is a family member of that other individual on the assessment day or, if that other individual has died, the individual was a family member of that other individual immediately before that other individual died; or

the individual is an Australian citizen on the assessment day; or

the individual is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

(a) family member has the meaning given by subsection 7(6D) of the Social Security Act 1991; and

(b) former refugee has the meaning given by subsection 7(1) of the Social Security Act 1991; and

(c) refugee has the meaning given by subsection 7(6B) of the Social Security Act 1991.

in the income year in which the child turned 4:

the individual was entitled to be paid family tax benefit in respect of the child; and

the individual, or the individual’s partner, was receiving a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment; and

before the day the child turned 5, the individual was sent a notice by the Secretary informing the individual of the following:

the requirement for the child to undertake a health check before the day the child turns 5, or before any later day determined by the Secretary under subsection (5);

the fact that the individual’s FTB child rate in relation to the child will be reduced if the child does not meet the requirement; and

the child was an FTB child of the individual on the day the child turned 5; and

none of the following applies:

the FTB child meets the health check requirement before the applicable day (see subsections (4) and (8));

the FTB child is in a class exempted from the health check requirement by a determination under paragraph (9)(b);

the FTB child is in a class that is taken to meet the health check requirement by a determination under paragraph (9)(c);

the Secretary is satisfied that special circumstances exist in relation to the individual or the individual’s partner (or both) that make it inappropriate for the individual, and the individual’s partner, to arrange for the FTB child to meet the health check requirement.

Meaning of FTB child rate reduction period

beginning on the applicable day (see subsection (4)); and

ending after the relevant number of days (see subsection (3));

(whether or not the individual continues to be entitled to be paid family tax benefit in respect of the child for the whole period).

Meaning of relevant number of days

the individual was entitled to be paid family tax benefit in respect of the child; and

the individual, or the individual’s partner, received a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment.

Meaning of applicable day

the day the child turns 5; or

the day after any later day determined by the Secretary under subsection (5).

Determining later days

an application for a later day may be made after the child turns 5, but must be made before the child turns 6; and

the Secretary must not determine a later day unless the Secretary is satisfied that there are special circumstances which prevented the individual, or the individual’s partner (or both), from arranging for the child to undertake the health check before the day the child turned 5; and

any later day determined by the Secretary must not be after the day the child turns 6.

Exemption on the grounds the health check requirement inappropriate

made before the child turns 5; and

must be made in the form and manner, contain any information, and be accompanied by any documents, required by the Secretary.

Health check requirement

specify requirements relating to the health of children for the purposes of subsection (8); or

determine that children included in a specified class are exempt from the health check requirement; or

determine that children included in a specified class are taken to meet the health check requirement.

the child is an FTB child of the individual or the individual’s partner; and

the child does not meet the immunisation requirements set out in section 6:

for a claim made under the Family Assistance Administration Act for payment of family tax benefit for a past period—on the day the claim is determined; or

for family tax benefit paid to the individual in instalments—before the end of the grace period (see subsection (4)).

Meaning of FTB child rate reduction period

beginning on the day specified as the date of the notice given in relation to the child under subsection (3); and

ending on the day the child meets the immunisation requirements;

(whether or not the individual continues to be entitled to be paid family tax benefit in respect of the child for the whole period).

Grace period

the fact that the child does not meet the immunisation requirements;

the requirement for the child to meet the immunisation requirements before the end of the grace period;

the fact that the individual’s FTB child rate in relation to the child will be reduced if the child does not meet the requirements before the end of that period.

begins on the day specified as the date of the notice given to the individual in relation to the child; and

ends 63 days after that day.

for the Secretary under subsection 61A(5); orsection 61A—before the child turns 5, or any later day determined by

for section 61B—during the grace period in subsection 61B(4); or

in any case—during the FTB child rate reduction period in relation to the child.

that the child who died did not die and is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period;

if on the request day the individual had any other children who were FTB children or regular care children—that each of those children is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period, other than an excluded day (see subsection (2)) in relation to the child;

if the lump sum period extends over 2 income years—that the individual’s adjusted taxable income for the lump sum period is the same as the individual’s adjusted taxable income for the first of those income years.

Step 2. If paragraph (b) of step 1 applies, work out the rate of family tax benefit for which the individual would be eligible under this Act (other than under section 31) for the lump sum period by applying the Rate Calculator in Schedule 1 on the following assumptions:

that each child mentioned in that paragraph is an FTB child, or a regular care child, (as the case requires) of the individual for each day in that period, other than an excluded day (see subsection (2)) in relation to the child;

if paragraph (c) of step 1 applies—the assumption in that paragraph.

Step 3. The single amount is:

the step 1 amount less the step 2 amount (if any); plus

the additional amount (if any) under subsection (4).

where the child had turned 16 when the child died—the Secretary is satisfied the child would not have been a senior secondary school child on that day if the child had not died; or

where the child had not turned 16 when the child died—the child would have been aged 16, and the Secretary is satisfied the child would not have been a senior secondary school child, on that day if the child had not died.

Other cases

by applying the method statement in subsection (1) of this section (disregarding paragraph (c) of step 1, and paragraph (b) of step 2, of the statement) as if a reference to the request day in that statement were a reference to the first day of the second of those income years (see subsection 32(2)); and

on the assumption that the individual’s adjusted taxable income for the period falling in the second of those income years is the same as the individual’s adjusted taxable income for the first of those income years.

Additional amount

the child who died was an FTB child; and

that child died before turning 1; and

an amount of newborn supplement, in relation to that child, worked out under paragraph 35B(1)(d) of Schedule 1 forms part of the individual’s Part A rate for one or more days;

then the additional amount under this subsection is worked out as follows:

Method statement

Step 1. In relation to the days that newborn supplement, in relation to that child, worked out under paragraph 35B(1)(d) of Schedule 1 forms part of the individual’s Part A rate, work out the total amount of that newborn supplement for those days.

Step 2. In relation to those days, work out what would have been the total amount of newborn supplement for that child for those days if that newborn supplement had been worked out under paragraph 35B(1)(a) of Schedule 1.

Step 3. The additional amount is the step 2 amount less the step 1 amount.

(a) the main income earner is:

if the individual is not a member of a couple—the individual; or

if the individual is a member of a couple—the member of the couple whose taxable income for the income year is the highest (or the individual if those taxable incomes are equal); and

(b) if the individual is a member of a couple—the low income earner is the member of the couple whose taxable income for the income year is the lowest (or the individual’s partner if those taxable incomes are equal).

Annual rate

$68,000 or less; or

$150,000 or more.

if the main income earner’s taxable income exceeds $80,000 and is less than or equal to $120,000—$300; or

if the main income earner’s taxable income exceeds $120,000—$300 less $0.01 for each dollar of the excess.

Step 6. If the individual is not a member of a couple—the individual’s annual rate of single income family supplement is the provisional component.

Step 7. If the individual is a member of a couple—the individual’s annual rate of single income family supplement is the provisional component less any reduction under step 8.

Step 8. If the low income earner’s taxable income for the income year (rounded down to the nearest dollar) exceeds $16,000, the provisional component is reduced (but not below nil) by $0.15 for each dollar of the excess.

Daily rate

the Commonwealth’s legislative powers under paragraphs 51(xxiiiA), (xxix) and (xxxix) of the Constitution; and

any implied legislative powers of the Commonwealth.

at the time the session of care is provided:

the child is an FTB child, or a regular care child, of the individual or the individual’s partner; and

the child is 13 or under and does not attend secondary school, or the requirements covered by subsection (2) are satisfied; and

the child meets the immunisation requirements in section 6; and

the individual, or the individual’s partner, meets the residency requirements in section 85BB; and

the individual, or the individual’s partner, has incurred a liability to pay for the session of care under a complying written arrangement; and

the session of care:

is provided in Australia; and

is not provided as part of the compulsory education program in the State or Territory where the care is provided; and

is not provided in circumstances prescribed by the Minister’s rules; and

Division 5 does not prevent the individual being eligible for CCS for the session of care; and

if the session of care is provided by an approved child care service of a kind prescribed by the Minister’s rules—the Secretary determines that the requirements prescribed by the Minister’s rules in relation to that kind of service are met.

the child is a member of a class prescribed by the Minister’s rules; and

the individual and the approved child care service satisfy any conditions prescribed by the Minister’s rules in relation to the child.

is an Australian resident; or

is a special category visa holder residing in Australia; or

satisfies subsection (2) or (3) of this section; or

is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study.

Visa holders who may qualify for special benefit

(a) is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; and

is either in Australia or temporarily absent from Australia for no more than 6 weeks on an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

Visa holders connected with the Pacific Australia Labour Mobility scheme

the individual or partner is the holder of:

(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa; or

a visa of a kind determined under subsection (4) of this section for the purposes of this subparagraph; and

(b) either:

the individual or partner is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; or

(ii) the visa is granted on the basis that the individual or partner is a member of the family unit (within the meaning of the Migration Act 1958) of such a participant; and

the individual or partner is in a class of persons determined under subsection (4).

kinds of visas for the purposes of subparagraph (3)(a)(ii) (subject to subsection (5)); and

classes of persons for the purposes of paragraph (3)(c).

the kind of visa has replaced or will replace:

the kind of visa mentioned in subparagraph (3)(a)(i); or

a kind of visa previously determined under paragraph (4)(a); and

the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

the individual is eligible for CCS for the session of care; and

either of the following is in effect in relation to the child for the week in which the session of care is provided:

a certificate given by the approved provider of the service under section 85CB;

a determination made by the Secretary under section 85CE; and

Division 5 does not prevent the individual being eligible for ACCS (child wellbeing) for the session of care.

Eligibility of approved provider

either of the following is in effect in relation to the child for the week in which the session of care is provided:

a certificate given by the provider under section 85CB;

a determination made by the Secretary under section 85CE; and

at the time the session of care is provided:

the provider is not able to identify an individual who is eligible for CCS for the session of care; or

the child is a member of a class prescribed by the Minister’s rules; and

at the time the session of care is provided:

the child is 13 or under and does not attend secondary school, or the requirements covered by subsection (3) are satisfied; and

the child meets the immunisation requirements in section 6; and

the session:

is provided in Australia; and

is not provided as part of the compulsory education program in the State or Territory where the care is provided; and

is not provided in circumstances prescribed by Minister’s rules made for the purposes of subparagraph 85BA(1)(c)(iii); and

Division 5 does not prevent the provider being eligible for ACCS (child wellbeing) for the session of care.

the child is a member of a class prescribed by the Minister’s rules; and

the approved child care service satisfies any conditions prescribed by the Minister’s rules in relation to the child.

Child at risk of serious abuse or neglect

be given in a form and manner approved by the Secretary; and

contain the information, and be accompanied by the documents, required by the Secretary; and

specify the day it takes effect (which must be the Monday of a week that includes an at risk day and cannot be more than 28 days before the certificate is given); and

specify the whole weeks for which it has effect (which must be weeks that include an at risk day); and

identify the service to which, and the child to whom, it relates; and

include any other matters prescribed by the Secretary’s rules.

a percentage of children for whom the service is providing care; and

the period for which the determination is to have effect.

a certificate given by an approved provider under section 85CB in relation to a child is in effect for a week; and

the provider considers that the child is not at any risk of serious abuse or neglect during the week; and

the time for varying, substituting or withdrawing the report under subsection 204B(6) (requirement to report about children for whom care is provided) of the Family Assistance Administration Act for the first week for which the certificate has effect has not expired;

the provider must, by written notice given to the Secretary, cancel the certificate.

(a) the provider cancels a certificate in relation to a child under this section (the original certificate); and

(b) the provider then gives a certificate under replacement certificate);section 85CB in relation to the child for one or more weeks for which the original certificate was specified to have effect (the

the replacement certificate may take effect more than 28 days before the replacement certificate is given but no earlier than the day the original certificate took effect.