Federal Register of Legislation - Australian Government

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Determinations/Health as made
This Determination amends the Health Insurance (FTB(A) Family) Determination 2004 to allow a new group of registered families to be considered an "FTB(A) family".
Administered by: Health
Registered 22 Oct 2008
Tabling HistoryDate
Tabled HR10-Nov-2008
Tabled Senate10-Nov-2008
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Health Insurance (FTB(A) Family) Amendment Determination 2008 (No. 1)1

Health Insurance Act 1973

I, NICOLA ROXON, Minister for Health and Ageing, make this Determination under subsection 8A (1) of the Health Insurance Act 1973.

Dated 30 September 2008

NICOLA ROXON


 

 

1              Name of Determination

                This Determination is the Health Insurance (FTB(A) Family) Amendment Determination 2008 (No. 1).

2              Commencement

                This Determination is taken to have commenced on 1 July 2008.

3              Amendment of Health Insurance (FTB(A) Family) Determination 2004

                Schedule 1 amends the Health Insurance (FTB(A) Family) Determination 2004.


Schedule 1        Amendments

(section 3)

  

[1]           Section 3, after definition of Act

insert

adjusted taxable income has the meaning given by subsection 3 (1) of the Family Assistance Act.

[2]           Section 3, after definition of instalment amount

insert

maintenance income has the meaning given by subsection 3 (1) of the Family Assistance Act.

[3]           Section 3, after definition of registered family

insert

regular care child has the meaning given by subsection 3 (1) of the Family Assistance Act.

[4]           After section 8

insert

9              Regular care children

         (1)   A registered family is an FTB(A) family for a year (the safety‑net year) if:

                (a)    a member of the family (the individual):

                          (i)    makes a claim for payment of family tax benefit by instalment under paragraph 7 (1) (a) of the Family Assistance Administration Act; or

                         (ii)    requests that the individual’s notional rate of family tax benefit (within the meaning of paragraph (2) (c)) be worked out for a day in the safety‑net year; and

               (b)    the family and the individual satisfy the conditions mentioned in subsection (2) on the day the claim or request is made.

         (2)   The conditions are:

                (a)    another member of the family is a regular care child of the individual; and

               (b)    the individual would be eligible for family tax benefit for the child under the Family Assistance Act but for the operation of section 25 of that Act (the child is in the care of the individual for less than 35% of a period as determined by the Secretary under subsection 22 (6A) of the Family Assistance Act); and

                (c)    the family tax benefit for which the individual would have been eligible if section 25 of the Family Assistance Act had not applied to the individual (the notional rate of family tax benefit), worked out under Division 1 of Part 4 of the Family Assistance Act and subsection (3), has a Part A rate that is greater than nil.

         (3)   For working out the notional rate of family tax benefit:

                (a)    the individual is taken to have a shared care percentage (within the meaning of section 59 of the Family Assistance Act) for the regular care child of 24%; and

               (b)    references to FTB child in that Act, for working out the notional rate of family tax benefit for the individual, are taken to include references to the regular care child; and

                (c)    the following provisions are disregarded for the individual:

                          (i)    paragraph (ca) of step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act;

                         (ii)    paragraph (d) of step 1 of the method statement in clause 25 of Schedule 1 to the Family Assistance Act;

                         (iii)    subclause 38A (1) of Schedule 1 to the Family Assistance Act; and

               (d)    if information about the amount of adjusted taxable income needed for working out the notional rate of family tax benefit for the individual is not available (for example, because the taxable income of the individual or another individual cannot be known until after the relevant income year) — subsection (4) applies to the individual; and

                (e)    if information about the amount of maintenance income needed for working out the notional rate of family tax benefit for the individual is not available — the Centrelink CEO may estimate the amount needed.

Note   The provisions mentioned in subparagraphs (c) (i), (ii) and (iii) relate to the FTB Part A supplement.

         (4)   For paragraph (3) (d):

                (a)    the individual may give an estimate of adjusted taxable income needed for working out the individual’s notional rate of family tax benefit; and

               (b)    the estimate may be used to work out the notional rate of family tax benefit if the Centrelink CEO considers the estimate to be reasonable.

         (5)   Subsection (6) applies if the notional rate of family tax benefit for the individual has a Part A rate that is greater than nil on the day a claim or request mentioned in paragraph (1) (a) is made.

         (6)   The registered family is an FTB(A) family from the time, in the safety‑net year, the Centrelink CEO notifies the Medicare Australia CEO, in writing, of the results of the individual’s assessment.

10            Regular care children — past periods

         (1)   A registered family is an FTB(A) family for a year (the safety‑net year) if:

                (a)    a member of the family (the individual):

                          (i)    makes a claim for payment of family tax benefit for a past period under paragraph 7 (1) (b) of the Family Assistance Administration Act, and the past period falls within the last income year ending before the start of the safety‑net year; or

                         (ii)    requests that the individual’s notional rate of family tax benefit (within the meaning of paragraph (2) (c)) be worked out for a day in the last income year ending before the start of the safety‑net year; and

               (b)    the family and the individual satisfy the conditions mentioned in subsection (2) for at least one day in the last income year ending before the start of the safety‑net year.

         (2)   The conditions are:

                (a)    another member of the family was a regular care child of the individual; and

               (b)    the individual would have been eligible for family tax benefit for the child under the Family Assistance Act but for the operation of section 25 of that Act (the child is in the care of the individual for less than 35% of a period as determined by the Secretary under subsection 22 (6A) of the Family Assistance Act); and

                (c)    the family tax benefit for which the individual would have been eligible if section 25 of the Family Assistance Act had not applied to the individual (the notional rate of family tax benefit), worked out under Division 1 of Part 4 of the Family Assistance Act and subsection (3), has a Part A rate that is greater than nil.

         (3)   For working out the notional rate of family tax benefit:

                (a)    the individual is taken to have a shared care percentage (within the meaning of section 59 of the Family Assistance Act) for the regular care child of 24%; and

               (b)    references to FTB child in that Act, for working out the notional rate of family tax benefit for the individual, are taken to include references to the regular care child; and

                (c)    the following provisions are disregarded for the individual, unless subsection (4) applies, or begins to apply, to the individual:

                          (i)    paragraph (ca) of step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act;

                         (ii)    paragraph (d) of step 1 of the method statement in clause 25 of Schedule 1 to the Family Assistance Act;

                         (iii)    subclause 38A (1) of Schedule 1 to the Family Assistance Act; and

               (d)    if information about the amount of adjusted taxable income needed for working out the notional rate of family tax benefit for the individual is not available (for example, because the taxable income of the individual or another individual cannot be known until after the relevant income year) — subsection (6) applies to the individual; and

                (e)    if information about the amount of maintenance income needed for working out the notional rate of family tax benefit for the individual is not available — the Centrelink CEO may estimate the amount needed.

Note   The provisions mentioned in subparagraphs (c) (i), (ii) and (iii) relate to the FTB Part A supplement.

         (4)   The provisions mentioned in subparagraphs (3) (c) (i), (ii) and (iii) cease to be disregarded:

                (a)    if the individual satisfies the FTB reconciliation conditions (within the meaning of section 32A of the Family Assistance Administration Act); and

               (b)    at the relevant reconciliation time (within the meaning of section 32B of that Act).

         (5)   Subdivision D of Division 1 of Part 3 of the Family Assistance Administration Act has effect, for working out the notional rate of family tax benefit for an individual affected by paragraph (3) (c) and subsection (4), as if the individual had been the subject of a section 17 determination mentioned in subsection 32A (1) of that Act.

         (6)   For paragraph (3) (d):

                (a)    the individual may give an estimate of adjusted taxable income needed for working out the individual’s notional rate of family tax benefit; and

               (b)    the estimate may be used to work out the notional rate of family tax benefit if the Centrelink CEO considers the estimate to be reasonable.

         (7)   Subsection (8) applies if:

                (a)    an individual’s notional rate of family tax benefit for a day in the last income year ending before the start of the safety‑net year has a Part A rate that is greater than nil; and

               (b)    the Centrelink CEO notifies the Medicare Australia CEO, in writing, of the results of the individual’s assessment before the end of the safety‑net year.

         (8)   The time after which the registered family is an FTB(A) family is the later of the following times:

                (a)    the start of the safety‑net year;

               (b)    when the Medicare Australia CEO is notified of the individual’s assessment under paragraph (7) (b).


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.