Document ID: chunk:federal_register_of_legislation:C2024C00583:section:65:p1
Version: federal_register_of_legislation:C2024C00583
Segment Type: section
Provision Reference: s 65 (pt 1/2)
Character Range: 199690–202328

65  Calculation of single amount for death of FTB or regular care child

Instalment case
 (1) The single amount of family tax benefit an individual is eligible for under subsection 32(1) is worked out as follows:

      Method statement
           Step 1. Work out the rate of family tax benefit for which the individual would be eligible under this Act (other than under section 31) for the period (the lump sum period) beginning on the request day (see subsection 32(1)) and ending at the end of the section 31 accrual period (see subsection 32(1)) by applying the Rate Calculator in Schedule 1 on the following assumptions:

                (a) that the child who died did not die and is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period;
                (b) if on the request day the individual had any other children who were FTB children or regular care children—that each of those children is an FTB child, or a regular care child, (as the case requires) of the individual for each day in the lump sum period, other than an excluded day (see subsection (2)) in relation to the child;
                (c) if the lump sum period extends over 2 income years—that the individual's adjusted taxable income for the lump sum period is the same as the individual's adjusted taxable income for the first of those income years.

           Step 2. If paragraph (b) of step 1 applies, work out the rate of family tax benefit for which the individual would be eligible under this Act (other than under section 31) for the lump sum period by applying the Rate Calculator in Schedule 1 on the following assumptions:

                (a) that each child mentioned in that paragraph is an FTB child, or a regular care child, (as the case requires) of the individual for each day in that period, other than an excluded day (see subsection (2)) in relation to the child;
                (b) if paragraph (c) of step 1 applies—the assumption in that paragraph.

           Step 3. The single amount is:

                (a) the step 1 amount less the step 2 amount (if any); plus
                (b) the additional amount (if any) under subsection (4).
 (2) For the purposes of the method statement in subsection (1), a day in the lump sum period is an excluded day in relation to the child if:
 (a) where the child had turned 16 when the child died—the Secretary is satisfied the child would not have been a senior secondary school child on that day if the child had not died; or
 (b) where the child had not turned 16 when the child died—the child would have been aged 16, and