Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_59d
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 59D
Character Range: 245837–247605

59D  Variation for failure to provide information in the data verification form relating to CCB %

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and
 (b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
 (c) the form is returned within the time specified in the request; and
 (d) any information requested in the form relevant to the CCB %:
 (i) is not provided; or
 (ii) if the information is provided, and it is an estimate of an amount needed by the Secretary to calculate the CCB %, the Secretary considers that the estimate is not reasonable;
the Secretary may vary the determination with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % from 1 July in the income year following the one in which the request was made.

Consequence of Secretary later becoming aware of the information

 (2) If:
 (a) under subsection (1), the Secretary varies the determination; and
 (b) before the end of the income year following the one in which the variation took effect:
 (i) if a situation referred to in subparagraph (1)(d)(i) applies—the claimant provides the information mentioned in that subparagraph; or
 (ii) if a situation referred to in subparagraph (1)(d)(ii) applies—the claimant provides a reasonable estimate of the amount mentioned in that subparagraph; or
 (iii) the Secretary finds out the actual amount needed to calculate the CCB % (whether from the claimant or someone else);
the Secretary must vary the determination to undo the effect mentioned in subsection (1).