Document ID: chunk:federal_register_of_legislation:C2004A00664:clause:1_1010
Version: federal_register_of_legislation:C2004A00664
Segment Type: clause
Provision Reference: sch 1 cl 1010
Character Range: 5360–7139

1010  Rate of double orphan pension

 (1) Subject to subsections (2) and (3), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14.

 (2) If, in the case of a child who became a double orphan before 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family allowance rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family tax benefit rate.

 (3) If, in the case of a child who becomes a double orphan on or after 1 July 2000, the current family tax benefit rate in respect of the child is less than the prior family tax benefit rate in respect of the child, the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family tax benefit rate and the current family tax benefit rate.

 (4) Subsections (2) and (3) do not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation.

 (5) In this section:

current family tax benefit rate, in relation to a child, means the rate represented by so much of an individual's Part A rate of family tax benefit as relates to the child.

prior family allowance rate, in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan.

prior family tax benefit rate, in relation to a child, means the rate represented by so much of an individual's Part A rate of family tax benefit as related to the child immediately before the child became a double orphan.