Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_20a:p2
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 20A (pt 2/3)
Character Range: 335566–338144

received under a maintenance liability in an income year, ends either when the maintenance liability ceases (if it ceases before the end of the income year) or on 30 June of the income year.
 (7) If:
 (a) a payee receives maintenance income (other than CMI) in an income year; and
 (b) the maintenance income is not received under a maintenance liability;
the relevant period ends in respect of the payee either:
 (c) unless subclause (8) applies—when the payee ceases to receive the maintenance income (if the payee ceases to receive the income before the end of the income year); or
 (d) on 30 June of the income year.
 (8) If:
 (a) a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and
 (b) the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and
 (c) in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b):
 (i) the payee and the payer were not members of the same couple; and
 (ii) the payee was entitled to claim, or apply for, maintenance from the payer;
the relevant period ends either when the maintenance liability ceases (if it ceases before the end of the income year) or on 30 June of the income year.

Relevant period where payee elects to end an assessment
 (9) If:
 (a) a payee receives maintenance income (other than CMI) in an income year from a payer under a maintenance liability which is an assessment under Part 5 of the Child Support (Assessment) Act 1989; and
 (b) the payee and payer become members of the same couple; and
 (c) the payee elects under the Child Support (Assessment) Act 1989 to end the assessment from a specified day before the day the payee and payer became members of the same couple;
for the purpose of determining the commencement or end of the relevant period, the assessment is taken to end from the day the payee and the payer became a member of the same couple or from such earlier day as the Secretary determines (not being a day earlier than the specified day).

Meaning of maintenance liability
 (10) In this clause, maintenance liability means a liability to provide:
 (a) child support; or
 (b) maintenance (other than child support) that arises as a result of:
 (i) the order of a court; or
 (ii) a maintenance agreement (within the meaning of the Family Law Act 1975) that has been registered in, or approved by, a court in Australia or an external Territory; or
 (iii)