A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 1 - Family Tax Benefit Rate Calculator  

Part 2 - Part A rate (Method 1)  

Division 5 - Maintenance income test  

Subdivision B - Maintenance income credit balances  

24D   Global maintenance entitlement of an eligible person  

(1)    
For the purposes of step 1 of the method statement in subclause 24C(1), the global maintenance entitlement of the eligible person under subclause 24B(2) for the day is the sum of:

(a) the annualised amounts worked out using the formula in subclause (2) for:

(i) each registered entitlement for the day, and any related private collection entitlement, of the eligible person; and

(ii) if the eligible person is a member of a couple on the day - each registered entitlement for the day, and any related private collection entitlement, of the eligible person ' s partner; and

(b) any amounts worked out under subclause (3); and

(c) the annualised amount of any capitalised maintenance income of the eligible person and, if the eligible person is a member of a couple on the day, of the eligible person ' s partner, for the day; and

(d) the annualised amount of any maintenance income of the eligible person and, if the eligible person is a member of a couple on the day, of the eligible person ' s partner, for the day:

(i) that is not from a registered entitlement; and

(ii) that is not capitalised maintenance income.

(2)    
For the purposes of paragraph (1)(a), the formula is:

Amount due in the income year from the registered entitlement, and any related private collection entitlement Number of days in the income year for which the eligible person (or partner) had the registered entitlement, and any related private collection entitlement

×

Number of days in the income year

(3)    
If:

(a) in respect of:

(i) a registered entitlement for the day, and any related private collection entitlement, of the eligible person; or

(ii) if the eligible person is a member of a couple on the day - a registered entitlement for the day, and any related private collection entitlement, of the eligible person ' s partner;

the maintenance income received by the eligible person or partner for the income year exceeds the amount due in the income year from the registered entitlement, and any related private collection entitlement; and

(b) that excess, or any part of it (the relevant excess ), is not disregarded for the purposes of paragraph (c) of step 1 of the method statement in clause 20; an amount for the purposes of paragraph (1)(b) is worked out by using this formula:

Amount of the relevant excess Number of days in the income year for which the eligible person (or partner) had the registered entitlement, and any related private collection entitlement

×

Number of days in the income year

(4)    
For the purposes of this clause, an individual ' s private collection entitlement is related to the individual ' s registered entitlement if the private collection entitlement and registered entitlement relate to the same registrable maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988 .

(5)    
In this clause:

private collection entitlement
, of an individual, means the individual ' s entitlement to receive maintenance income from a particular payer, if the payer ' s liability to pay that maintenance income is a registrable maintenance liability that is not an enforceable maintenance liability, within the meaning of the Child Support (Registration and Collection) Act 1988 .