Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_43
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 448315–449827

43  Part A rate insufficient to cover reduction—single family tax benefit advance
 (1) This clause applies if:
 (a) under clause 5 or 25A, the individual's Part A rate is to be reduced to repay a family tax benefit advance (the unrepaid advance); and
 (b) the individual's Part A rate is not to be reduced under clause 5 or 25A to repay any other family tax benefit advance; and
 (c) the amount by which the individual's Part A rate would be reduced under clause 5 or 25A to repay the unrepaid advance would exceed the amount of the individual's Part A rate before reduction (the unreduced Part A rate), if the amount were worked out under clause 40.
 (2) Subject to clause 45, the Secretary must determine that the number of days in the repayment period for the unrepaid advance is to be increased so that the individual's Part A rate is reduced under clause 5 or 25A by an amount that is no more than the individual's unreduced Part A rate.
 (3) If the individual's unreduced Part A rate later exceeds the amount by which the individual's Part A rate would be reduced under clause 40, the Secretary may determine that the number of days in the repayment period for the unrepaid advance is to be decreased.
 (4) However, the amount by which the individual's Part A rate is to be reduced as a result of a determination under subclause (3) must be no more than the standard reduction.
Note: The individual may also request that the Secretary determine a shorter or longer repayment period under clause 46 or 47.