Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:2_103:p1
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 2 cl 103 (pt 1/2)
Character Range: 83178–85710

103  Entitlement in normal circumstances

Entitlement for days 14 May 2012 to 30 June 2012

 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that an individual is entitled to a clean energy advance if:
 (a) in relation to that day:
 (i) a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or
 (ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and
 (b) the individual is in Australia on that day; and
 (c) the individual's rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and
 (d) that rate was worked out taking into account at least one FTB child of the individual who is in Australia on that day; and
 (e) on that day, neither section 32AA nor 32AD of the Family Assistance Administration Act prevents the Secretary from making a payment of family tax benefit to the individual, or the individual's partner, worked out on the basis referred to in subsection 20(1), (2A) or (3) of that Act.

Note: The amount of the advance is worked out under sections 105 and 106.

Entitlement for days 1 July 2012 to 30 June 2013

 (2) The Secretary may determine that an individual is entitled to a clean energy advance if:
 (a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013:
 (i) a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or
 (ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and
 (b) the individual is not an absent overseas recipient on that day (disregarding section 63A); and
 (c) the individual's rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and
 (d) that rate was worked out taking into account at least one FTB child of the individual who is not an absent overseas FTB child on that day (disregarding section