Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_65a
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 65A
Character Range: 279613–282180

65A  Variation of determination of CCB % to reflect changes in CCB %

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are made in respect of a claimant who is an individual; and
 (b) after the determinations are made, an event occurs; and
 (c) the determination of conditional eligibility has, at some time after the occurrence, the effect that the claimant is conditionally eligible; and
 (d) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination of CCB % immediately after the occurrence, the CCB % would be different to the CCB % previously determined;
the Secretary must, subject to subsection (4), vary the determination of CCB % with effect from the date of the occurrence.

 (2) For the purpose of subsection (1), the occurrence of an event includes the expiration of a period of time if the expiration is relevant to the operation of this Act.

 (3) The reference in subsection (1) to the occurrence does not include the occurrence of any event that causes the claimant to provide a revised estimate of the claimant's adjusted taxable income to the Secretary unless:
 (a) the event also affects the claimant's CCB % for a reason other than the amount of the claimant's adjusted taxable income; or
 (b) the event is the claimant's becoming, or ceasing to be, a member of a couple.

Beneficial variations only to have limited effect

 (4) If:
 (a) the Secretary does not become aware of the occurrence until after the end of the income year (the second income year) following the one in which the event occurred; and
 (b) the claimant did not notify the Secretary of the event before the end of the second income year; and
 (c) apart from this subsection, the Secretary would be required by subsection (1) to vary the determination so as to increase the claimant's CCB % under the determination;
the Secretary must vary the determination so that it has that effect only from the beginning of the income year that precedes the one in which the Secretary becomes aware of the event.

Section 58, 59D, 60C, 60D, 60E and 62A variations prevail

 (5) If:
 (a) when a variation under this section takes place, a variation is in force under section 58, 59D, 60C, 60D, 60E or 62A; and
 (b) the variation under section 58, 59D, 60C, 60D, 60E or 62A has effect for any period when the variation under this section would have effect;
the variation under section 58, 59D, 60C, 60D, 60E or 62A prevails over the variation under this section.