A New Tax System (Family Assistance) (Administration) Act 1999

Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 86, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. The heading formerly read:

PART 3 - PAYMENT OF FAMILY ASSISTANCE

Div 3 heading substituted by No 70 of 2013, s 3 and Sch 2A item 31, effective 1 March 2014. The heading formerly read:

Division 3 - Baby bonus

No 70 of 2013, s 3 and Sch 2A item 67 contains the following application and transitional provisions:

67 Application and transitional provisions - Parts 1 and 2  
(1)
Despite the amendments made by this Schedule, the Assistance Act and the Administration Act, as in force immediately before the commencement of this item, to the extent to which they relate to baby bonus, continue to apply on and after that commencement in relation to an individual if the following circumstances exist:

(a) for subsection 36(2) of the Assistance Act - the child was born before 1 March 2014;

(b) for subsection 36(3) of the Assistance Act - the child was born before 1 March 2014;

(c) for subsection 36(4) of the Assistance Act - the child was born as a stillborn child before 1 March 2014;

(d) for subsection 36(5) of the Assistance Act - the child was entrusted to care before 1 March 2014.

(2)
Subclause 35A(2) of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born on or after 1 March 2014.

(3)
Subclause 35A(5) of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born on or after 1 March 2014.

(4)
Subclause 35A(7) of Schedule 1 to the Assistance Act, as inserted by this Schedule, applies in relation to a child who is entrusted to care on or after 1 March 2014.

(5)
To avoid doubt, for the purposes of paragraph 35B(1)(a) of Schedule 1 to the Assistance Act, as inserted by this Schedule, in working out whether a child is the first child born alive to a woman, take into account children born alive to the woman before, on or after 1 March 2014.

(6)
To avoid doubt, for the purposes of paragraph 35B(1)(b) or (c) of Schedule 1 to the Assistance Act, as inserted by this Schedule, in working out whether a child is the first child entrusted to the care of an individual, or the partner of an individual, take into account children entrusted to the care of the individual, or the partner of the individual, before, on or after 1 March 2014.

(7)
Paragraph 36(1)(a) of the Assistance Act, as inserted by this Schedule, applies in relation to a child who is born as a stillborn child on or after 1 March 2014.

(8)
To avoid doubt, for the purposes of paragraph 66(1)(a) of the Assistance Act, as inserted by this Schedule, in working out whether a child is the first stillborn child of a woman, take into account children born as stillborn children of the woman before, on or after 1 March 2014.

(9)
Despite the amendments made by this Schedule, section 52-150 of the Income Tax Assessment Act 1997 (as in force immediately before the commencement of this item) continues to apply on and after that commencement in relation to payments of baby bonus made before, on or after that commencement.

(10)
Despite the amendments made by this Schedule:

(a) paragraph (e) of the definition of category I welfare payment in section 123TC of the Social Security (Administration) Act 1999 (as in force immediately before the commencement of this item); and

(b) paragraph (p) of the definition of category Q welfare payment in that section as so in force; and

(c) paragraph (c) of the definition of category S welfare payment in that section as so in force; and

(d) sections 123XJA and 123XJC of that Act as so in force;

continue to apply on and after that commencement in relation to payments of baby bonus made before, on or after that commencement.

(11)
Despite the amendments made by this Schedule, paragraph 31(2)(f) of the Paid Parental Leave Act 2010 (as in force immediately before the commencement of this item) continues to apply on and after that commencement in relation to working out eligibility for parental leave pay for a child before, on or after that commencement.

(12)
In this item:

Administration Act
means the A New Tax System (Family Assistance) (Administration) Act 1999 .

Assistance Act
means the A New Tax System (Family Assistance) Act 1999 .

No 59 of 2004, s 3 and Sch 2 item 25, contains the following saving provision:

25 Saving provision for maternity allowance claims etc.  
(1)
Despite the amendments of Division 3 of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 , that Division applies in relation to the following as if the amendments had not been made:

(a) claims for maternity allowance;

(b) determination of claims for maternity allowance;

(c) payments of maternity allowance.

(2)
It does not matter whether the claims were or are made before, on or after commencement.

S 39(2) amended by No 14 of 2014, s 3 and Sch 12 item 87, by substituting " subsections (3), (3A) and (4) " for " subsections (3) and (4) " , effective 1 March 2014.

S 39(3A) inserted by No 14 of 2014, s 3 and Sch 12 item 88, effective 1 March 2014.

S 39(4) amended by No 4 of 2023, s 3 and Sch 2 item 9, by substituting para (b), effective 26 March 2023. Para (b) formerly read:

(b) the claimant, or the claimant ' s partner, is given a notice under section 24 of that Act in relation to the claim for parental leave pay that states that:

(i) if the claim is a claim for parental leave pay in relation to the maximum PPL period for the child - parental leave pay is not payable and no determination of the kind mentioned in paragraph 13(4)(b), 14(4)(b), 14(7)(b), 15(2)(b), 15(6)(b) or 16(5)(b) of that Act has been made; or

(ii) if the claim is a claim for parental leave pay for a flexible PPL day for the child - parental leave pay is not payable and no determination of the kind mentioned in paragraph 17A(4)(b) or 17B(5)(b) of that Act has been made; and

S 39(4) amended by No 53 of 2020, s 3 and Sch 1 item 7, by substituting para (b), effective 1 July 2020. Para (b) formerly read:

(b) the Secretary notifies the claimant, or the claimant ' s partner, under section 24 of that Act that parental leave pay is not payable for the child; and

S 39 substituted by No 70 of 2013, s 3 and Sch 2A item 35, effective 1 March 2014. For application and transitional provisions, see note under Pt 3 Div 3 heading. S 39 formerly read:

SECTION 39 Restrictions on claiming  
" Normal circumstances " entitlement must not already have been determined, or be awaiting determination, on a previous claim

39(1)
A claim for payment of baby bonus in normal circumstances is not effective if the claimant has previously made such a claim based on the same circumstances (whether or not the claim has yet been determined).

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S 39(1) amended by No 49 of 2012, s 3 and Sch 1 item 24, by omitting " or maternity immunisation allowance " after " baby bonus " , effective 1 July 2012. For transitional and application provisions see note under s 107(3C) .

39(1A)
However, subsection (1) does not apply to a claim for payment of baby bonus in respect of a child if:

(a) section 36A of the Family Assistance Act applied in relation to an individual ' s eligibility for baby bonus in respect of the child, but ceased to apply because of subsection 36A(3) of that Act; and

(b) the claim is the individual ' s first claim for payment of baby bonus in respect of the child after that section so ceased to apply.

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S 39(1A) amended by No 53 of 2011, s 3 and Sch 5 items 26 and 27, by inserting " of the Family Assistance Act " after " section 36A " and " of that Act " after " subsection 36A(3) " in para (a), effective 1 July 2011.

S 39(1A) inserted by No 105 of 2010, s 3 and Sch 1 item 24, effective 1 October 2010. For transitional provisions, see note under s 3(1) , definition of " early claim day " .

" Normal circumstances " baby bonus claim must be made within limited period after birth etc of child

39(2)
Subject to subsections (3) and (3A), a claim for payment of baby bonus in normal circumstances is not effective unless it is made before the end of the period of 52 weeks beginning on:

(a) if the circumstances covered by the claim involve eligibility under any of subsections 36(2) to (4) of the Family Assistance Act - the day of the birth of the child mentioned in that subsection; or

(b) if the circumstances covered by the claim involve eligibility under subsection 36(5) of the Family Assistance Act - the day the child becomes entrusted to the care of the claimant.

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S 39(2) amended by No 70 of 2013, s 3 and Sch 3 item 40, by substituting " becomes entrusted " for " is entrusted " in para (b), applicable in relation to a child becoming entrusted to the care of a person before, on or after 28 June 2013. However, the amendment does not affect the rights or liabilities arising between parties to a proceeding heard and finally determined by a court before 28 June 2013, to the extent that those rights or liabilities arose from, or were affected by, a child being entrusted to the care of a person.

S 39(2) amended by No 70 of 2013, s 3 and Sch 1 items 4 to 6, by substituting " unless it is made before the end of the period of 52 weeks beginning on " for " if it is made later than 52 weeks after " , " the day of the birth " for " the birth " in para (a) and " the day " for " the time " in para (b), applicable in relation to claims for payment of baby bonus that are made on or after 28 June 2013.

S 39(2) amended by No 105 of 2010, s 3 and Sch 1 item 25, by substituting " subsections (3) and (3A) " for " subsection (3) " , effective 1 October 2010. For transitional provisions, see note under s 3(1) , definition of " early claim day " .

S 39(2) amended by No 63 of 2008, s 3 and Sch 2 item 43, by substituting para (b) for paras (b) and (c), applicable in relation to children who become entrusted to care (within the meaning of the A New Tax System (Family Assistance) Act 1999 , as amended by Part 2 of Schedule 3 to the Family Assistance and Other Legislation Amendment Act 2013 ) on or after 1 January 2009. Para (b) and (c) formerly read:

(b) if the circumstances covered by the claim involve eligibility under subsection 36(5) of the Family Assistance Act and the child mentioned in that subsection arrives in Australia from overseas as part of the process for the adoption of the child - the time the child arrives in Australia; or

(c) if the circumstances covered by the claim involve eligibility under subsection 36(5) of the Family Assistance Act and the child mentioned in that subsection does not arrive in Australia from overseas as part of the process for the adoption of the child - the time the child is entrusted to the care of the claimant.

S 39(2) amended by No 63 of 2008, s 3 and Sch 2 item 18, by substituting " 52 " for " 26 " , effective 1 January 2009.

S 39(2) amended by No 61 of 2005, s 3 and Sch 2 item 3, by substituting paras (b) and (c) for para (b), effective 1 July 2005. No 61 of 2005, s 3 and Sch 2 Part 2 contains the following application, transitional and other provisions:

Definition of commencement  
4
In this Part:

commencement
means the commencement of the amendments made by Part 1 of this Schedule.

Application of amendments made by Part 1  
5
The amendments made by Part 1 of this Schedule apply in relation to any child:

(a) who is, as part of the process for the adoption of the child by an individual, entrusted to the care of the individual on or after 1 July 2004; and

(b) in respect of whom maternity payment has not already been paid. 6 Transitional extension of claim deadline  
(1)
This item applies to a claim for payment of maternity payment in normal circumstances if:

(a) before commencement, a child is entrusted to the care of the claimant, as part of the process for the adoption of the child by the claimant; and

(b) if the child arrives in Australia from overseas as part of the process for the adoption - the child arrives in Australia before commencement.

(2)
Paragraphs 39(2)(b) and (c) of the A New Tax System (Family Assistance) (Administration) Act 1999 do not apply in relation to the claim.

(3)
The claim is not effective if made later than 26 weeks after commencement.

(4)
The reference in subsection 39(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 to the period of 26 weeks mentioned in subsection (2) is taken to be a reference to the period of 26 weeks mentioned in subitem (3).
7 No maternity payment if maternity allowance already paid in respect of child  
(1)
An individual is not eligible for maternity payment in respect of a child if:

(a) after this item commences, the child is entrusted to the individual ' s care, as part of the process for the adoption of the child by the individual; and

(b) maternity allowance has been paid to any person in respect of the child.

(2)
In this item:

maternity allowance
means maternity allowance under Division 2 of Part 3 of the A New Tax System (Family Assistance) Act 1999 , as in force before item 1 of Schedule 2 to the Family Assistance Legislation Amendment (More Help for Families - Increased Payments) Act 2004 commenced.

Para (b) formerly read:

(b) if the circumstances covered by the claim involve eligibility under subsection 36(5) of that Act - the time the child mentioned in that subsection is entrusted to the care of the claimant.

Extension of 52 week period in subsection (2)

39(3)
If the Secretary is satisfied that the claimant was unable to make a claim for payment of baby bonus in normal circumstances because of severe illness associated with the birth of the child concerned, the Secretary may extend the period of 52 weeks mentioned in subsection (2) to such longer period as the Secretary considers appropriate.

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S 39(3) amended by No 63 of 2008, s 3 and Sch 2 item 19, by substituting " 52 " for " 26 " , effective 1 January 2009.

39(3A)
If:

(a) the claimant, or the claimant ' s partner, made a claim in accordance with Part 2-4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for payment of baby bonus relates; and

(b) the Secretary notifies the claimant, or the claimant ' s partner, under section 24 of that Act that parental leave pay is not payable for the child; and

(c) the notice is given

(i) after the end of the period of 52 weeks mentioned in subsection (2) of this section; or

(ii) during the last 13 weeks of that period of 52 weeks;

subsection (2) of this section does not apply if the claim for payment of baby bonus is made within the period of 13 weeks after the day on which the notice is given.

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S 39(3A) inserted by No 105 of 2010, s 3 and Sch 1 item 26, effective 1 October 2010. For transitional provisions, see note under s 3(1) , definition of " early claim day " .

39(4)
(Repealed by No 49 of 2012)

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S 39(4) repealed by No 49 of 2012, s 3 and Sch 1 item 25, effective 1 July 2012. For transitional and application provisions see note under s 107(3C) .

S 39(4) formerly read:

" Normal circumstances " maternity immunisation allowance claim

39(4)
A claim for payment of maternity immunisation allowance in normal circumstances is not effective if it is made after the time specified in the following table:

Normal circumstances maternity immunisation allowance claim
Item	If the claim is based on eligibility for the allowance under:	the claim is not effective if it is made after:
1	Subsection 39(2) of the Family Assistance Act	2 years after the birth of the child
2	Subsection 39(2A) of the Family Assistance Act	5 years after the birth of the child
3	Subsection 39(3) of the Family Assistance Act	5 years after the delivery of the child
4	Subsection 39(4) of the Family Assistance Act	the later of: (a) 2 years after the death of the child; and (b) 5 years after the birth of the child
5	Subsection 39(5) of the Family Assistance Act	4 years after the birth of the child
6	Subsection 39(6) of the Family Assistance Act	(a) if subsection 39(7) of that Act applies - 2 years beginning on the day of the arrival mentioned in paragraph 39(6)(d) of that Act; or (b) if subsection 39(8) of that Act applies - 2 years after the death of the child
7	Subsection 39(9) of the Family Assistance Act	the later of: (a) 2 years after the death of the child; and (b) 5 years after the birth of the child

S 39(4) substituted by No 143 of 2008, s 3 and Sch 1 item 10, applicable in relation to claims for payment of maternity immunisation allowance made on or after 1 January 2009. S 39(4) formerly read:

" Normal circumstances " maternity immunisation allowance claim must be made within limited period after birth etc of child

39(4)
A claim for payment of maternity immunisation allowance in normal circumstances is not effective if it is made after:

(a) if the child mentioned in section 39 of the Family Assistance Act is not stillborn but dies before reaching the age of 2 years - the later of:

(i) 13 weeks after the death of the child; and

(ii) 2 years after the birth of the child; or

(b) in any other case - 2 years after the birth of the child.

" Bereavement " entitlement must not already have been determined, or be awaiting determination, on a previous claim

39(5)
A claim for payment of baby bonus because of the death of another individual is not effective if the claimant has previously made such a claim because of the death of that individual (whether or not the claim has yet been determined).

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S 39(5) amended by No 49 of 2012, s 3 and Sch 1 item 26, by omitting " or maternity immunisation allowance " after " baby bonus " , effective 1 July 2012. For transitional and application provisions see note under s 107(3C) .

S 39(5) amended by No 30 of 2003, s 3 and Sch 2 item 23, by substituting " individual " for " person " (wherever occurring), effective 15 April 2003.

S 39 amended by No 82 of 2007, s 3 and Sch 6 item 29, by substituting " baby bonus " for " maternity payment " (wherever occurring), applicable to claims for payment of baby bonus made on or after 1 July 2007. If:

(a) a claim for payment of maternity payment is made before 1 July 2007; and

(b) the Secretary has not determined the claim by that time;

the claim is taken to be a claim for payment of baby bonus.

S 39 amended by No 59 of 2004, s 3 and Sch 2 item 16, by substituting " maternity payment " for " maternity allowance " (wherever occurring), effective 1 July 2004. For saving provision, see note under Div 3 heading.