S 32K repealed by No 14 of 2014, s 3 and Sch 3 item 33, applicable on and after that commencement in relation to a same-rate benefit period to the extent that it occurs before 1 May 2014. S 32K formerly read:
SECTION 32K Relevant reconciliation time
-
child aged 5 or more and less than 16
32K(1)
This section applies to the first individual for a same-rate benefit period if the following conditions are satisfied in relation to another individual:
(a)
the other individual is aged 5 or more and less than 16;
(b)
none of the following subparagraphs applies:
(i)
the other individual is undertaking full-time study;
(ii)
the other individual is studying overseas full-time;
(iii)
the other individual is undertaking primary education;
(c)
before the end of the relevant income year, the first individual gives the Secretary an estimate of the other individual's adjusted taxable income for the relevant income year;
(d)
assuming that the other individual had adjusted taxable income for the relevant income year that is less than the cut-out amount (as defined by subsection
22A(2)
of the Family Assistance Act), the other individual would be an FTB child, or a regular care child who is also a rent assistance child, of the first individual.
History
S 32K(1) amended by No 34 of 2011, s 3 and Sch 5 item 16, by substituting para (b), applicable in relation to working out an individual
'
s or approved care organisation
'
s entitlement (if any) to family tax benefit in respect of days occurring on or after 26 May 2011. Para (b) formerly read:
(b)
the other individual is not undertaking full-time study or primary education;
S 32K(1) amended by No 146 of 2006, s 3 and Sch 8 item 102, by inserting
"
, or a regular care child who is also a rent assistance child,
"
after
"
FTB child
"
in para (d), effective 1 July 2008.
32K(2)
The relevant reconciliation time is whichever is the earlier of the following times:
(a)
the time after the end of the relevant income year when the first individual notifies the Secretary of the amount of the other individual's adjusted taxable income for the relevant income year;
(b)
the time after the end of the relevant income year when the Secretary becomes satisfied that the amount of the other individual's adjusted taxable income for the relevant income year can be worked out without receiving a notification from the first individual.
32K(3)
For the purposes of this section, the question whether the other individual is undertaking primary education is to be determined in the same way as that question is determined under section
22A
of the Family Assistance Act.
S 32K inserted by No 59 of 2004, s 3 and Sch 1 item 9, applicable in relation to family tax benefit for the 2003-2004 income year or a later income year.
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