Document ID: chunk:federal_register_of_legislation:C2015C00048:clause:2a_35a:p2
Version: federal_register_of_legislation:C2015C00048
Segment Type: clause
Provision Reference: sch 2A cl 35A (pt 2/3)
Character Range: 24818–27322

income year after the relevant income year.

Child entrusted to care of individual or individual's partner
 (5) This subclause applies for a day in relation to the individual and an FTB child of the individual if:
 (a) neither the individual, nor the individual's partner, is a parent of the child on that day; and
 (b) on or before that day, the child became entrusted to the care of the individual or the individual's partner; and
 (c) the child is aged less than one on that day; and
 (d) if this subclause were to apply for that day, the individual's Part A rate, disregarding reductions (if any) under clause 5 or 25A of this Schedule and disregarding section 58A and subclauses 38AA(3) and 38AF(3) of this Schedule, would be greater than nil on that day; and
 (e) that day occurs in the period of 13 weeks beginning on the first day that paragraphs (a) to (d) are satisfied.
 (6) However, subclause (5) does not apply, and is taken never to have applied, in relation to the individual and the FTB child of the individual if the child is not an FTB child of the individual for a continuous period of at least 13 weeks beginning on the first day that paragraphs (5)(a) to (d) are satisfied.

Adoption
 (7) This subclause applies for a day in relation to the individual and an FTB child of the individual if:
 (a) on or before that day, the child became entrusted to the care of the individual or the individual's partner; and
 (b) it is an authorised party that entrusts the child to the care of the individual or the individual's partner; and
 (c) the authorised party does so as part of the process for the adoption of the child by the individual or the individual's partner; and
 (d) if this subclause were to apply for that day, the individual's Part A rate, disregarding reductions (if any) under clause 5 or 25A of this Schedule and disregarding section 58A and subclauses 38AA(3) and 38AF(3) of this Schedule, would be greater than nil on that day; and
 (e) that day occurs in the period of 13 weeks beginning on the first day that paragraphs (a) to (d) are satisfied; and
 (f) that day occurs before the end of the period of 12 months beginning on the day the child became entrusted to the care of the individual or the individual's partner.

Exceptions
 (8) This clause does not apply, and is taken never to have applied, in relation to the individual and the FTB child of the individual if parental leave pay is payable to the individual for that child.
 (9) This clause does not apply, and