Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_65b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 65B
Character Range: 282180–284422

65B  Variation of determination of CCB % to reflect revised adjusted taxable income estimates

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are made in respect of a claimant who is an individual and the effect of the former determination is that the individual is conditionally eligible for child care benefit by fee reduction; and
 (b) the CCB %:
 (i) is worked out on the basis of an estimate of the claimant's adjusted taxable income in a particular income year; or
 (ii) is varied under section 60E; and
 (c) the claimant, at any time before or during that income year, provides the Secretary with a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 65A(3)(a) or (b) applies; and
 (d) the Secretary considers the revised estimate to be reasonable; and
 (e) if the claimant's CCB % were calculated using the revised estimate—a new CCB % would be required;
the Secretary must vary the determination of CCB % so that it is determined on the basis of that revised estimate.

 (2) A variation of a determination under subsection (1) has effect:
 (a) if it results in an increase in the claimant's CCB %:
 (i) unless subparagraph (ii) applies—from the Monday after the day the variation is made; or
 (ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)—from that first day; and
 (b) if it results in a decrease in the claimant's CCB %:
 (i) unless subparagraph (ii) applies—from the Monday after the day the variation is made; or
 (ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)—from that first day.

Section 58, 59D, 60C, 60D, 60E and 62A variations prevail

 (3) If:
 (a) when a variation under this section takes place, a variation is in force under section 58, 59D, 60C, 60D, 60E or 62A; and
 (b) the variation under section 58, 59D, 60C, 60D, 60E or 62A has effect for any period when the variation under this section would have effect;
the variation under section 58, 59D, 60C, 60D, 60E or 62A prevails over the variation under this section.