A New Tax System (Family Assistance) Act 1999

PART 8 - CLEAN ENERGY ADVANCES  

Division 3 - Top-up payments of clean energy advance  

SECTION 108   Top-up payments of clean energy advance  

General case

108(1)    
If:

(a) the Secretary pays a clean energy advance (the original payment ) to an individual in circumstances where the Secretary determined the individual is entitled to the advance under section 103 and where the amount of the advance is not worked out under subsection 105(6) ; and

(b) the decision day (see subsection 105(1) ) is before 1 July 2013; and

(c) on a day (the trigger day ) after the decision day and before 1 July 2013, the individual ' s circumstances change so that:

(i) if the individual has not previously become entitled to a payment under this section - the amount of the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day; or

(ii) if the individual has previously become entitled to one or more payments under this section - the sum of those payments and the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day; and

(d) subsection (1A) does not apply in relation to the individual;

then the individual is entitled to a further payment of clean energy advance equal to the amount of the shortfall.

Other cases

108(1A)    

If:

(a) the Secretary pays a clean energy advance to an individual in circumstances where the Secretary determined the individual is entitled to the advance under section 103 and where the amount of the advance is not worked out under subsection 105(6) ; and

(b) the decision day (see subsection 105(1) ) is before 1 July 2013; and

(c) (Repealed by No 154 of 2012)

(d) on a day (the trigger day ) after the decision day and before 1 July 2013, the individual ' s circumstances change; and

(e) the individual is entitled to a further payment of clean energy advance in accordance with an instrument made under subsection (1B);

then the amount of the individual ' s further clean energy advance is worked out in accordance with an instrument made under subsection (1B) (which may be nil).

108(1B)    

The Minister may, by legislative instrument:

(a) specify the circumstances in which individuals are entitled to further payments of clean energy advances for the purposes of subsection (1A); and

(b) specify a method for working out the amount of further clean energy advances for the purposes of subsection (1A).

108(2)    
If:

(a) the Secretary pays a clean energy advance to an individual in circumstances where the Secretary determined the individual is entitled to the advance under section 103 and where the amount of the advance is worked out under subsection 105(6) ; and

(b) the decision day (see subsection 105(1) ) is before 1 July 2013; and

(c) on a day (the trigger day ) after the decision day and before 1 July 2013, the individual ' s circumstances change; and

(d) the individual is entitled to a further payment of clean energy advance in accordance with an instrument made under subsection (3);

then the amount of the individual ' s further clean energy advance is worked out in accordance with an instrument made under subsection (3) (which may be nil).

108(3)    
The Minister may, by legislative instrument:

(a) specify the circumstances in which individuals are entitled to further payments of clean energy advances for the purposes of subsection (2); and

(b) specify a method for working out the amount of further clean energy advances for the purposes of subsection (2).

Interpretation

108(4)    
For the purposes of this section, there is taken not to be a change in the individual ' s circumstances merely because a determination under section 28 in relation to the individual is varied or ceases to be in force.