Document ID: chunk:federal_register_of_legislation:C2011A00053:clause:1_45
Version: federal_register_of_legislation:C2011A00053
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 12598–13398

45  Part A rate insufficient to cover reduction—discretion to create FTB advance debt
 (1) The Secretary may, instead of making a determination under subclause 43(2), step 3 of the method statement in subclause 44(2) or under subclause 44(5), determine that the amount of unrepaid family tax benefit advance is to be a debt.
Note: See subsection 71A(7) of the Family Assistance Administration Act.
 (2) However, the Secretary must not make a determination under subclause (1) unless the individual's Part A rate before reduction under clause 5 or 25A is less than the amount that would, under clause 26, be the FTB child rate for an FTB child who had not turned 18 if:
 (a) the individual's Part A rate were required to be worked out using Part 3 of this Schedule; and
 (b) clause 27 did not apply.