Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_37
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 37
Character Range: 133889–135742

37  Subsection 31(1)
Repeal the subsection, substitute:

 (1) If:
 (a) a determination is made under section 16 that a claimant is entitled to be paid family tax benefit by instalment; and
 (b) after the determination is made an event occurs; and
 (c) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination immediately after the occurrence, he or she would conclude:
 (i) that the claimant was no longer eligible for family tax benefit; or
 (ii) that the claimant was still so eligible but that the rate of family tax benefit should be a different rate to the rate previously determined;
the Secretary must, subject to subsection (2):
 (d) if subparagraph (c)(i) applies—vary the determination so that the claimant is not entitled to be paid family tax benefit with effect from the date of occurrence; and
 (e) if subparagraph (c)(ii) applies—vary the determination so as to establish the different rate with effect from the date of occurrence.

 (1A) For the purpose of subsection (1), the occurrence of an event includes the expiration of a period of time if the expiration of that period is relevant to the operation of this Act.

 (1B) The reference in subsection (1) to the occurrence does not include the occurrence of any event:
 (a) that causes the claimant to provide a revised estimate of the claimant's adjusted taxable income to the Secretary; or
 (b) that causes the Secretary to revise an estimate of the claimant's maintenance income;
unless:
 (c) the event also affects the claimant's eligibility for family tax benefit, or the rate of family tax benefit payable to the claimant, for a reason other than the amount of the claimant's adjusted taxable income or maintenance income; or
 (d) the event is the claimant's becoming, or ceasing to be, a member of a couple.