A New Tax System (Family Assistance) Act 1999

PART 2 - INTERPRETATION  

Division 1 - Definitions  

SECTION 3AA   MEANING OF RECEIVING AFFECTED BY SUSPENSION OF CERTAIN SCHOOLING REQUIREMENT PAYMENTS   Scope

3AA(1)  


This section applies for the purposes of a reference in section 85CJ or 85CK of this Act, or clause 1 , 28B or 38L of Schedule 1 to this Act, to a person receiving payments ( affected schooling requirement payments ) covered by subsection (2).

3AA(2)  
The affected schooling requirement payments are the following:


(a) a social security pension;


(b) a social security benefit;


(c) a service pension;


(d) income support supplement;


(e) a veteran payment.

Note:

These payments are schooling requirement payments within the meaning of the Social Security (Administration) Act 1999 (see section 124D of that Act).

General rule - person taken to receive payment during suspension

3AA(3)  
In this Act, subject to subsections (4) and (5):

receiving
is taken to include a reference to a person being prevented from receiving an affected schooling requirement payment because the payment is suspended under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999 .

Note:

See also the definition of receiving in subsection 3(1) , and subsections 3(8) and (9) .

Exception - more than 13 weeks continuous suspension

3AA(4)  
Subsection (3) does not apply in relation to the suspension of an affected schooling requirement payment if the payment has been suspended for a continuous period of more than 13 weeks.

3AA(5)  
However, if the period of suspension referred to in subsection (4) started in the income year preceding the income year in which the 13 weeks referred to in that subsection elapsed, that subsection does not apply in relation to the suspension until the start of the later income year.




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