Document ID: chunk:federal_register_of_legislation:C2004C01135:clause:3_3:p3
Version: federal_register_of_legislation:C2004C01135
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 3/8)
Character Range: 170282–172920

subject to subpoint (3), that the appropriate tax year for the person in relation to the youth allowance payment period is the tax year immediately after the base tax year.

 (3) If the request is based on an estimate, the Secretary may make a determination only if he or she is satisfied that the estimate is current and reasonable.

Submodule 4—Actual means of person's family

How to work out the actual means of person's family

 1067G‑G7(1)  To work out the actual means of the family of a person (the claimant/recipient) for the appropriate tax year, first calculate, in accordance with this Submodule, the actual means of the claimant/recipient and the actual means of each family member of the claimant/recipient and then apply the formula in subpoint 1067G‑G13(1) using the results of those calculations.

 (2) A reference in any of the following provisions of this Submodule to a relevant person is a reference to the claimant/recipient or a family member of the claimant/recipient.

Meaning of actual means

 1067G‑G8(1)  Subject to point 1067G‑G9, the actual means of a relevant person for the appropriate tax year is an amount equal to the total spending and savings of the person in that tax year.

 (2) An amount of spending or savings is taken to have been spent or saved in the appropriate tax year if the Secretary considers that the amount should be so taken.

Amounts not included in actual means of a relevant person

 1067G‑G9(1)  This point applies in working out the actual means, for the appropriate tax year, of a relevant person.

 (2) The following amounts spent or saved in the appropriate tax year by the person are not included in the actual means of the person:
 (a) spending or savings from any income assistance received by the person in that tax year;
 (b) spending for the maintenance of:
 (i) a child of the person if the person does not have legal responsibility for the day‑to‑day care, welfare and development of the child; or
 (ii) a former partner of the person;
 (c) spending in boarding away from home a family member who qualified for the boarding allowance under the AIC scheme—to the extent of the lesser of:
 (i) the amount of the spending; and
 (ii) $5,274, less the amount of the boarding allowance;
 (d) spending in boarding away from home a family member who:
 (i) is a secondary student; and
 (ii) is not independent; and
 (iii) is required to live away from home;
  to the extent of the lesser of:
 (iv) the amount of the spending; and
 (v) $5,274, less the amount of the person's after‑tax income concession (if any) for the student under point 1067G‑G11;
 (e) if the person has a