Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_35e
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 35E
Character Range: 62611–63754

35E  Application of sections 35C and 35D in relation to claims for family tax benefit for a past period

Initial determination
 (1) If:
 (a) the Secretary is required by section 35A or 35B to determine an individual's percentage of care for a child; and
 (b) subsection 35A(1) or 35B(1) applies; and
 (c) the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit for a past period;
sections 35C and 35D apply in relation to the individual as if the determination were being made on the first relevant day of the past period.

Determination after revocation
 (2) If:
 (a) the Secretary is required by section 35A or 35B to determine (the new determination) an individual's percentage of care for a child; and
 (b) subsection 35A(2) or 35B(2) applies; and
 (c) the determination (the earlier determination) referred to in paragraph 35A(2)(a) or 35B(2)(a) relates to a claim for payment of family tax benefit for a past period;
sections 35C and 35D apply in relation to the individual as if the new determination were being made on the relevant day after the revocation of the earlier determination.