Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:5_20b:p1
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 5 cl 20B (pt 1/2)
Character Range: 363383–366016

20B  Working out amounts of child maintenance using notional assessments

 (1) If:
 (a) an individual receives child maintenance for an FTB child of the individual under a child support agreement or court order; and
 (b) there is, in relation to the agreement or order, a notional assessment of the annual rate of child support that would be payable to the individual for the child for a particular day in a child support period if that annual rate were payable under Part 5 of the Child Support (Assessment) Act 1989 instead of under the agreement or order;
then the amount of child maintenance that the individual is taken to have received in an income year under the agreement or order for the child for a period is worked out in accordance with this clause.

Note: The amount worked out in accordance with this clause is annualised under clause 20A.

Individual taken to have received notional assessed amount

 (2) For the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is, subject to this clause, the amount (the notional assessed amount) that the individual would have received if the individual had received the annual rate of child support for the child for the period that is included in the notional assessment.

Underpayments

 (3) If the amount received in an income year by the individual under the agreement or order for the child for the period is less than the amount that is payable to the individual under the agreement or order for the child for the period (such that a debt arises for the period under the agreement or order), then, for the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is the following amount (the notional amount paid):

Note: This subclause only applies in respect of enforceable maintenance liabilities (see subclause (7)).

Arrears

 (4) If the amount received in an income year by the individual under the agreement or order for the child for the period exceeds the amount that is payable to the individual under the agreement or order for the child for the period, then, for the purposes of this Act, the amount of child maintenance that the individual is taken to have received under the agreement or order for the child for the period is:

Note: This subclause only applies in respect of enforceable maintenance liabilities (see subclause (7)).

 (5) The notional arrears amount, in respect of a debt arising for a previous period under the agreement or order,