Document ID: chunk:federal_register_of_legislation:F2017L01081:body:0:p8
Version: federal_register_of_legislation:F2017L01081
Segment Type: other
Provision Reference: 
Character Range: 16640–19216

a claim for payment of family tax benefit for a past period under paragraph 7(1)(b) of the Family Assistance Administration Act, and the past period falls within the last income year ending before the start of the safety‑net year; 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 last income year ending before the start of the safety‑net year; and
 (b) the family and the individual satisfy the conditions mentioned in subsection (2) for at least one day in the last income year ending before the start of the safety‑net year.
 (2) The conditions are:
 (a) another member of the family was a regular care child of the individual; and
 (b) the individual would have been 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) for the regular care child of 24%; and
 (b) references to FTB child in that Act, for working out the notional rate of family tax benefit for the individual, are taken to include references to the regular care child; and
 (c) the following provisions are disregarded for the individual, unless subsection (4) applies, or begins to apply, to the individual:
 (i) paragraph (ca) of step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act;
 (ii) paragraph (d) of step 1 of the method statement in clause 25 of Schedule 1 to the Family Assistance Act;
 (iii) subclause 38A(1) of Schedule 1 to the Family Assistance Act; and
 (d) if information about the amount of adjusted taxable income needed for working out the notional rate of family tax benefit for the individual is not available (for example, because the taxable income of the individual or another individual cannot be known until after the relevant income year) — subsection (6) applies to the individual; and
 (e)