Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p16
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 40569–43298

person's request

"(2) The Secretary may make deductions from the instalments of home child care allowance payable to a person if the person asks the Secretary:

  (a) to make the deductions; and

  (b) to pay the amounts to be deducted to the Commissioner of Taxation.

   Note: The Secretary must make deductions from a person's social security payment if requested by the Commissioner of Taxation (see section 1359).

"(3) The Secretary may make deductions from the instalments of home child care allowance payable to a person if the person consents under section 1234A to the Secretary making the deductions.

    Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

Effect of garnishee or attachment order

  "940.(1) If:

  (a) a person has an account with a financial institution; and

     (b) instalments of home child care allowance payable to the person (whether on the person's own behalf or not) are being paid to the credit of that account; and

     (c) a court order in the nature of a garnishee order comes into force in respect of the account;

the court order does not apply to the saved amount (if any) in the account.

  "(2) The saved amount is worked out as follows:

         Method statement
Step 1.  Work out the total amount of home child care allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
Step 2.  Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

"(3) This section applies to an account whether it is maintained by a person:

  (a) alone; or

  (b) jointly with another person; or

  (c) in common with another person.

"Division 8—Recipient obligations

Secretary may require recipient to give statement of recipient's tax file number

"941. The Secretary may require the recipient to give the Secretary a written statement of the recipient's tax file number.

    Note 1: For the consequences of a failure to comply with the requirement see section 913.

    Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the recipient about the recipient's tax file number and an authority by the recipient to the Commissioner of Taxation to give the Secretary certain information about the recipient's tax file number (see subsections 913(2) and (3)).

Secretary may require recipient to give statement of partner's tax file number

"942. If a partner of a recipient of home child care allowance is in Australia, the Secretary may require the recipient to give the