Document ID: chunk:federal_register_of_legislation:F2017L01081:body:0:p3
Version: federal_register_of_legislation:F2017L01081
Segment Type: other
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Character Range: 5023–7550

have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil.

7 Non-payment of family tax benefit payments due to  non‑lodgement of tax return
 (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:
 (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act; and
 (b) the Secretary determines, under section 16 of the Family Assistance Administration Act, that the member is entitled to be paid family tax benefit by instalment that has a Part A rate that is greater than nil; and
 (c) before the first time in the safety-net year that the member is to receive an instalment amount under section 23 of the Family Assistance Administration Act, the Secretary, under section 32AA or 32AD of the Family Assistance Administration Act, does not make a payment of family tax benefit to the member.
 (2) The time after which the registered family is an FTB(A) family is the first time in the safety‑net year when, but for the non-payment mentioned in paragraph (1)(c), the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil.

8 Single payment of family tax benefit following review
 (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:
 (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act in respect of the last income year (the last income year) ending before the start of the safety‑net year; and
 (b) the member does not receive, at any time in the year ending immediately before the start of the safety‑net year, a payment of family tax benefit by instalment that has a Part A rate that is greater than nil and that is in respect of the last income year; and
 (c) the Secretary:
 (i) makes a review decision under Part 5 of the Family Assistance Administration Act in relation to the member's entitlement to be paid family tax benefit that has a Part A rate that is greater than nil and that is in respect of the last income year; and
 (ii) decides that the member is entitled to be paid family tax benefit by a single payment that has a Part A rate that is greater than nil and that is in respect of the