Document ID: chunk:federal_register_of_legislation:F2017L01081:body:0:p6
Version: federal_register_of_legislation:F2017L01081
Segment Type: other
Provision Reference: 
Character Range: 11882–14450

direction given by the Secretary under paragraph 219TB(b) of that Act.
 (2) The time after which the registered family is an FTB(A) family is:
 (a) for a registered family to which subparagraph (1)(a)(i) applies — the first time in the safety‑net year when the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil, if the payment to the payment nominee on behalf of the member mentioned in subparagraph (1)(c)(i) had not been made; and
 (b) for a registered family to which subparagraph (1)(a)(ii) applies — the date when the member would have received the payment of family tax benefit under section 24 of the Family Assistance Administration Act that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety‑net year, if the payment to the payment nominee on behalf of the member mentioned in subparagraph (1)(c)(ii) had not been made.

11 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)