Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:3_3a
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 3 cl 3A
Character Range: 500377–502400

3A  Working out adjusted taxable income in certain cases where individuals cease to be members of a couple
  If:
 (a) an individual is a member of a couple with another individual (partner A) for a period or periods during an income year but not at the end of the income year; and
 (b) for any period during the income year while the individual was a member of that couple, the Secretary had determined the individual's entitlement to family assistance by way of family tax benefit or child care subsidy on the basis that a particular amount was the individual's adjusted taxable income (the current ATI amount); and
 (c) that amount differs from the amount of the individual's adjusted taxable income as finally determined in respect of the income year by the Secretary (the final ATI amount); and
 (d) the individual's entitlement to family assistance of that kind, for the total period, or for the total of the periods, that the individual was a member of that couple, would be less if worked out using the final ATI amount than if worked out using the current ATI amount as determined from time to time; and
 (e) if the current ATI amount at any time was based on an estimate provided by the individual and is less than the final ATI amount:
 (i) at the time when the estimate was provided—the individual did not know, and had no reason to suspect, that the estimate was incorrect; and
 (ii) if, after the estimate was provided and before ceasing to be a member of the couple, the individual knew or had reason to suspect that the estimate was incorrect—the individual provided a revised estimate as soon as practicable after knowing or suspecting that the estimate was incorrect;
then, despite the final determination of that adjusted taxable income by the Secretary, the individual's adjusted taxable income during any period during the income year:
 (f) that the individual and partner A were a couple; and
 (g) that a particular current ATI amount applied;
is to be taken to be that particular current ATI amount.