Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_35a
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 35A
Character Range: 54495–56763

35A  Determination of percentage of care—child is not in the adult's care

Initial determination
 (1) If:
 (a) the Secretary is satisfied that an individual (the adult) has no care of a child but that:
 (i) the child is an FTB child of the adult under section 23; or
 (ii) the child would, under subsection 22(2), (3), (4) or (6), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and
 (b) the adult, or the partner of the adult, makes or has made a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in the care period; and
 (c) the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of the other individual or individuals; and
 (d) section 35C, 35D or 35G applies in relation to the adult;
the Secretary must determine the adult's percentage of care for the child during the care period in accordance with that section.

Determination after revocation
 (2)  If:
 (a) the Secretary revokes, under Subdivision E of this Division, a determination of an individual's (the adult) percentage of care for a child that was made under this section or section 35B; and
 (b) the Secretary is satisfied that the adult has no care of the child but that:
 (i) the child is an FTB child of the adult under section 23; or
 (ii) the child would, under subsection 22(2), (3), (4) or (6), be an FTB child of the adult if there had been, or were to be, a pattern of care for the child over a period (the care period) under a care arrangement relating to the child; and
 (c) the adult is not a partner of at least one other individual who has a pattern of care for the child such that the child was or will be, under subsection 22(2), (3), (4) or (6), an FTB child of the other individual or individuals; and
 (d) section 35C, 35D or 35G applies in relation to the adult;
the Secretary must determine the adult's percentage of care for the child during the care period in accordance with that section.