A New Tax System (Family Assistance) Act 1999

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE (OTHER THAN CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY)  

Division 1 - Eligibility for family tax benefit  

Subdivision D - Determination of percentage of care  

SECTION 35F   Section 35C does not apply in certain circumstances  

35F(1)    
Section 35C does not apply in relation to an individual in relation to whom a determination is to be or has been made under section 35A or 35B if:


(a) 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


(b) 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; or


(c) the Secretary has revoked the determination under section 35P or 35Q .

35F(2)    
Section 35C also does not apply in relation to an individual in relation to whom a determination (a later determination ) has been made under section 35A or 35B if:


(a) 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


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


(c) the later determination relates to the same care arrangement as the earlier determination.




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