Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_58:p2
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 58 (pt 2/2)
Character Range: 238383–240079

the situation in subparagraph (1)(a)(i) applies, the Secretary may vary the determination of CCB % applicable to the claimant with the effect that the CCB % is to be recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %. The variation takes effect from the Monday after the day the variation is made.

Variation of determination of entitlement in respect of past period claim by individual

 (6) For the purposes of subsection (1), (3) or (4), if the situation in subparagraph (1)(a)(ii) applies, the Secretary may vary the determination of entitlement in respect of the past period to which the claim relates.

 (7) The variation referred to in subsection (6) has the effect that:
 (a) the rate used to calculate the amount of child care benefit that the claimant is entitled to be paid under a determination of entitlement is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and
 (b) the claimant is entitled to be paid that amount.
The claimant is only entitled to be paid the amount as recalculated for that period.

Consequence of Secretary later becoming aware of tax file number

 (8) If:
 (a) under subsection (5) or (6), the Secretary varies the determination; and
 (b) the Secretary finds out the tax file number of the TFN determination person concerned:
 (i) if subsection (5) applies—before the end of the income year following the one in which the variation took effect; or
 (ii) if subsection (6) applies—at any time after the variation took place;
the Secretary must vary the determination to undo the effect mentioned in subsection (5) or (6).