Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:4_9
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 4 cl 9
Character Range: 428659–429630

9  Subsections 151A(2), (3) and (4)
Repeal the subsections, substitute:

 (2) The Secretary must, by applying clause 10 of Schedule 1 to the Family Assistance Act, decide whether the carer has taken reasonable action to obtain maintenance for the child if it were assumed that:
 (a) the election were to take effect; and
 (b) if the carer is a claimant for family tax benefit for the child—the carer were entitled to be paid the benefit.

 (3) The Secretary is taken to approve the election if the Secretary decides that the carer has taken reasonable action to obtain maintenance for the child.

 (4) The Secretary is taken not to approve the election if the Secretary decides that the carer has not taken reasonable action to obtain maintenance for the child.

Note: The heading to section 151A is altered by omitting "more than the minimum rate of family allowance" and substituting "more than the base rate of family tax benefit Part A".

Health Insurance Act 1973