Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:5_15:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 5 cl 15 (pt 1/2)
Character Range: 458949–461468

15  Portability

(1) If:
 (a) immediately before 1 July 2000, an individual
 (i) is receiving family benefit in the nature of family allowance in respect of another individual; or
 (ii) is receiving family benefit in the nature of parenting payment because the individual has a PP child; and
 (b) the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:
 (i) having left Australia, the child has not returned before that date; or
 (ii) having been born outside Australia, the child has not subsequently come to Australia before that date;
the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.

(2) In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:
 (a) any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and
 (b) any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.

(3) If:
 (a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
 (b) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;
Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

(4) If:
 (a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
 (b) the child comes to Australia; and
 (c) the