Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 (82 of 2007)

Schedule 5   Maintenance income test

Part 1   Notional assessments

A New Tax System (Family Assistance) Act 1999

1   After subclause 20B(3) of Schedule 1

Insert:

Underpayments - non-periodic payments and lump sum payments

(3A) For the purposes of the formula in subclause (3), the amount received by the individual under the agreement or order, for the child for the period, is taken to include:

(a) if the agreement or order is a non-periodic payments agreement or order - the amount by which the annual rate of child support payable for the child is reduced for the period under the agreement or order; and

(b) if the agreement or order is a lump sum payments agreement or order - the total amount of the lump sum payment that is credited for each day in the period under section 69A of the Child Support (Registration and Collection) Act 1988 against the amount payable under the liability under the agreement or order.

(3B) If the agreement or order is a non-periodic payments agreement or order, for the purposes of the formula in subclause (3), the amount payable to the individual under the agreement or order for the child for the period is taken to include the amount by which the annual rate of child support payable for the child is reduced for the period under the agreement or order.