Document ID: chunk:federal_register_of_legislation:C2024C00583:section:24:p1
Version: federal_register_of_legislation:C2024C00583
Segment Type: section
Provision Reference: s 24 (pt 1/2)
Character Range: 89307–91912

24  Effect of certain absences of FTB child etc. from Australia

Absence from Australia of FTB or regular care child
 (1) If:
 (a) any of the following applies:
 (i) an FTB child leaves Australia;
 (ii) a child born outside Australia is an FTB child at birth;
 (iii) a regular care child leaves Australia;
 (iv) a child born outside Australia is a regular care child at birth; and
 (b) the child continues to be absent from Australia for more than 6 weeks;
during that absence from Australia, the child is neither an FTB child, nor a regular care child, at any time after the period of 6 weeks beginning on the first day of the child's absence from Australia.
 (3) If:
 (a) a child is neither an FTB child nor a regular care child because of the application of subsection (1) or a previous application of this subsection; and
 (b) the child comes to Australia; and
 (c) the child leaves Australia less than 6 weeks after coming to Australia;
the child is neither an FTB child nor a regular care child at any time during the absence from Australia referred to in paragraph (c).

Maximum period of eligibility for family tax benefit while individual overseas
 (4) If an individual leaves Australia, the maximum period for which the individual can be eligible for family tax benefit during that absence from Australia is the period of 6 weeks beginning on the first day of that absence.
 (6) If:
 (a) an individual is eligible for family tax benefit while the individual is absent from Australia; and
 (b) the individual then ceases to be eligible for family tax benefit because of the application of subsection (4) or a previous application of this subsection; and
 (c) the individual returns to Australia; and
 (d) the individual leaves Australia again less than 6 weeks after returning to Australia;
the individual is not eligible for family tax benefit at any time during the absence from Australia referred to in paragraph (d).

Extension of 6‑week period in certain circumstances
 (7) The Secretary may extend the 6‑week period (the initial period) referred to in subsection (1) or (4), to a period of no more than 3 years, if the Secretary is satisfied that the child mentioned in subsection (1), or the individual mentioned in subsection (4), (in each case, the person) is unable to return to Australia within the initial period because of any of the following events:
 (a) a serious accident involving the person or a family member of the person;
 (b) a serious illness of the person or a family member of the person;
 (c) the hospitalisation of the person or a family member of the person;
 (d) the