Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_28b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 28B
Character Range: 131381–133889

28B  Variation of instalment entitlement determination where claim made for another payment type

 (1) This section applies if:
 (a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment in respect of an individual; and
 (b) the individual is either:
 (i) an FTB child of the claimant; or
 (ii) an individual in respect of whom an approved care organisation is the claimant; and
 (c) the individual makes a claim for one of the following:
 (i) a social security pension;
 (ii) a social security benefit;
 (iii) payments under a program included in the programs known as Labour Market Programs;
 (iv) if the individual is aged 16 or more—payments under a prescribed educational scheme.

Consequence of section applying if the individual is the claimant's only FTB child or the claimant is an approved care organisation

 (2) If:
 (a) this section applies because the individual is an individual in respect of whom the claimant is an approved care organisation; or
 (b) this section applies because the individual is the only FTB child of the claimant;
the Secretary must vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day on which the determination was or will be in force, after the end of the last instalment period before the variation takes place or from a later day determined by the Secretary.

Consequence of section applying if the individual is not the claimant's only FTB child

 (3) If:
 (a) this section applies because the individual is the FTB child of the claimant; and
 (b) the individual is not the claimant's only FTB child;
the Secretary must vary the determination so that it has the effect that the daily rate of family tax benefit for which the claimant is entitled under the determination does not take into account the child who has made a claim for a payment listed in paragraph (1)(c). The determination takes effect from the day after the end of the claimant's last instalment period before the variation takes place or from a later day determined by the Secretary.

Consequence of later rejection etc. of individual's claim

 (4) If:
 (a) under subsection (2) or (3), the Secretary varies the determination; and
 (b) the individual's claim for the payment is rejected, withdrawn or taken not to have been made;
the Secretary must vary the determination to undo the effect mentioned in subsection (2) or (3), as the case may be.