Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_31a
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 31A
Character Range: 136307–138868

31A  Variation of instalment entitlement determination to reflect revised adjusted taxable income estimates

 (1) If:
 (a) a determination is in force on a particular day under which a claimant is entitled to be paid family tax benefit by instalment; and
 (b) that determination includes a determination of the claimant's rate of family tax benefit worked out on the basis of an estimate of the claimant's adjusted taxable income in a particular income year; and
 (c) the claimant, at any time before or during that income year, provides the Secretary with a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 31(1B)(c) or (d) applies; and
 (d) the Secretary considers the revised estimate to be reasonable; and
 (e) if the claimant's rate of family tax benefit were calculated using the revised estimate—a new rate of family tax benefit would be required;
the Secretary must vary the determination so that the claimant's rate of family tax benefit is determined on the basis of that revised estimate.

 (2) A variation of a determination under subsection (1) has effect:
 (a) if it results in an increase in the claimant's rate of family tax benefit:
 (i) unless subparagraph (ii) applies—from the day on which the revised estimate was provided to the Secretary; or
 (ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)—from that first day; and
 (b) if it results in a decrease (including a decrease to nil) in the claimant's rate of family tax benefit:
 (i) unless subparagraph (ii) or (iii) applies—from the day on which the revised estimate was provided to the Secretary; or
 (ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i) and subparagraph (iii) does not apply—from that first day; or
 (iii) if the day after the end of the last instalment period before the variation takes place occurs after the days identified in subparagraphs (i) and (ii)—from the day first‑mentioned in this subparagraph.

 (3) If:
 (a) when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29 or 30; and
 (b) the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;
the variation under that section prevails over the variation under this section.