Document ID: chunk:federal_register_of_legislation:C2004A05083:schedule:1:p9
Version: federal_register_of_legislation:C2004A05083
Segment Type: schedule
Provision Reference: sch 1 (pt 9/18)
Character Range: 21383–24073

reached the age of 16 years—the amount that would have been the person's taxable income of that period if that period had been a year of income exceeded the dependant (over 16) ceiling for that period.

      (5) A person is taken not to be a dependant of a taxpayer for the purposes of this Division during a period that is, or occurs during, the 1997-98 year of income or a later year of income if:

          (a) in respect of a person who, during the year of income concerned had not reached the age of 16 years and did not receive full-time education:

           (i) where the period is the year of income concerned—the person's taxable income of that year of income exceeded the dependant (under 16) ceiling for that year of income; or

             (ii) where the period occurs during the year of income concerned—the amount that would have been the person's taxable income of that period if that period had been a year of income exceeded the dependant (under 16) ceiling for that period; or

          (b) in respect of a person who, before or during the year of income concerned, reached the age of 16 years:

            (i) where the period is the year of income concerned—the person's taxable income of that year of income

      exceeded the dependant (over 16) ceiling for the year of income; or

             (ii) where the period occurs during the year of income concerned—the amount that would have been the person's taxable income of that period if that period had been a year of income exceeded the dependant (over 16) ceiling for that period.

      (6) In calculating a person's taxable income of a year of income for the purposes of this section, any amount of Commonwealth assistance included in the person's assessable income of that year of income is taken not to have been so included.

      (7) This section has effect subject to sections 20L, 20M, 20N and 20P.

      (8) In this section:

      annual young person ceiling means the amount applicable under paragraph 5(4)(b) of the Social Security Act 1991 (after indexation under that Act) on 2 January in the year of income.

      Commonwealth assistance means a payment by the Commonwealth of an allowance or reimbursement to, or to a person on behalf of, a student under a scheme of assistance to students, other than a payment:

          (a) by way of a scholarship or bursary; or

          (b) made on condition that the student, or the person receiving the payment on behalf of the student, will (if required) render services to the Commonwealth.

      dependant (over 16) ceiling, in relation to a period that is the relevant part of the 1996-97 year of income, means the amount worked out using