Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_60b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 60B
Character Range: 253490–255695

60B  Variation where minimum taxable income % used under section 55, 55B or 55C as the taxable income % and claimant gives certain information so that CCB % is recalculated

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of the 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 % is calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % because a certain situation referred to in section 55, 55B or 55C arises; and
 (c) later, the claimant:
 (i) if the situation in subsection 55(2) arose—gives the Secretary an estimate of the amount needed to calculate the CCB %, which the Secretary considers reasonable; or
 (ii) if the situation in subparagraph 55B(c)(i) arose—gives the Secretary the information needed to work out the number of children the individual has in care of a particular kind; or
 (iii) if the situation in subparagraph 55B(c)(ii) arose—informs the Secretary that he or she wants the CCB % to be worked out under Schedule 2 to the Family Assistance Act, gives the Secretary the tax file number of each TFN determination person and an estimate of the amount needed to have the CCB % recalculated under that Act, which the Secretary considers reasonable; or
 (iv) if the situations in section 55C arose—gives the Secretary the tax file number of each TFN determination person;
the Secretary must vary the determination of CCB % with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act.

 (2) The variation takes effect from the Monday after the day the variation is made.

 (3) After the Secretary makes the variation under subsection (1), the amount of the claimant's entitlement determined under section 51B in respect of the income year:
 (a) in which the variation took effect; and
 (b) preceding the income year in which the variation took effect;
is calculated, or recalculated, as the case may be, using the CCB % worked out under Schedule 2 to the Family Assistance Act.