Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:5_22
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 5 cl 22
Character Range: 470658–472601

22  Saving provision—Part A rate of family tax benefit for families with children not subject to family allowance income test

(1) This item applies to an individual who, immediately before 1 July 2000:
 (a) was receiving family allowance under the Social Security Act 1991 in respect of a child; and
 (b) by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act—did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and
 (c) was also receiving either carer allowance or double orphan pension under that Act in respect of that child.

(2) If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:
 (a) unless paragraph (b) applies—the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or
 (b) if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act—the saved rate.

(3) If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.