FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (FURTHER ELECTION COMMITMENTS AND OTHER MEASURES) BILL 2011

2010-2011

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Families, Housing, Community Services

and Indigenous Affairs and Other

Legislation Amendment (Further

Election Commitments and Other

Measures) Bill 2011

No. , 2011

(Families, Housing, Community Services and Indigenous Affairs)

A Bill for an Act to amend the law relating to

family assistance, child support and social security,

and for related purposes

i Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Family tax benefit advance

Part 1--Amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Part 2--Application and transitional

Part 3--Transitional advance payment

Schedule 2--Health checks for young FTB children

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Schedule 3--Determinations of adjusted taxable income

Child Support (Assessment) Act 1989

Schedule 4--Notice of payments of recompense for personal

injuries

Social Security Act 1991

Schedule 5--Other amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Child Support (Assessment) Act 1989

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

A Bill for an Act to amend the law relating to

family assistance, child support and social security,

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Families, Housing, Community

Services and Indigenous Affairs and Other Legislation Amendment

(Further Election Commitments and Other Measures) Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1 to

1 July 2011.

1 July 2011

3. Schedule 4

The day this Act receives the Royal Assent.

4. Schedule 5

1 July 2011.

1 July 2011

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Schedule 1--Family tax benefit advance

Part 1--Amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1) (definition of FTB advance rate)

Repeal the definition.

2 Subsection 3(1)

Insert:

repayment period, in relation to a family tax benefit advance that is

paid to an individual, has the meaning given by subclause 40(3) of

Schedule 1.

3 Subsection 3(1) (definition of standard advance period)

Repeal the definition.

4 Subsection 3(1)

Insert:

standard reduction, in relation to a family tax benefit advance, has

the meaning given by clause 41 of Schedule 1.

5 Paragraph 21(1)(c)

After "Part 4", insert "but disregarding reductions (if any) under

clause 5 or 25A of Schedule 1".

6 Clause 5 of Schedule 1

Repeal the clause, substitute:

5 Family tax benefit advance to individual

(1)

If:

(a) an individual is entitled to be paid family tax benefit by

instalment; and

(b) the individual is paid a family tax benefit advance; and

Schedule 1 Family tax benefit advance

Part 1 Amendments

4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(d) the amount of unrepaid family tax benefit advance is not an

FTB advance debt;

then, subject to clauses 44 and 49, the individual's Part A rate (as

reduced (if at all) under clauses 38J and 38K) is to be reduced in

accordance with Division 4 of Part 5 (clauses 40 to 51).

(2) If an individual satisfies paragraphs (1)(a) to (d) for more than one

family tax benefit advance, the individual's Part A rate is to be

reduced under subclause (1) for each of those advances.

7 Clause 25A of Schedule 1

Repeal the clause, substitute:

25A Family tax benefit advance to individual

(1)

If:

(a) an individual is entitled to be paid family tax benefit by

instalment; and

(b) the individual is paid a family tax benefit advance; and

(d) the amount of unrepaid family tax benefit advance is not an

FTB advance debt;

then, subject to clauses 44 and 49, the individual's Part A rate is to

be reduced in accordance with Division 4 of Part 5 (clauses 40 to

51).

(2) If an individual satisfies paragraphs (1)(a) to (d) for more than one

family tax benefit advance, the individual's Part A rate is to be

reduced under subclause (1) for each of those advances.

8 At the end of Part 5 of Schedule 1

Add:

Division 4--Reduction for family tax benefit advance

40 Reduction for family tax benefit advance

(1) Subject to subclause (2) and clauses 43 and 44, the amount by

which an individual's Part A rate is to be reduced under clause 5 or

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

25A to repay a family tax benefit advance is worked out using the

following formula:

Amount of unrepaid family tax benefit advance

365

Remaining days in the repayment period

�

Member of a couple in a blended family

(2) If a determination under section 28 that an individual is eligible for

a percentage (the section 28 percentage) of the family tax benefit

for FTB children of the individual is in force, the amount by which

the individual's Part A rate is to be reduced under clause 5 or 25A

to repay the family tax benefit advance is worked out using the

following formula:

Amount worked out under subclause (1)

Section 28 percentage

Meaning of repayment period

(3)

The

repayment period in relation to a family tax benefit advance

that is paid to an individual:

(a)

begins

on:

(i) the first day of the instalment period after the individual

is paid the family tax benefit advance; or

(ii) if it is not practicable for the reduction to start on the

day referred to in subparagraph (i)--the first day on

which it is practicable to reduce the individual's Part A

rate; or

(iii) if the determination of the individual's entitlement to

the family tax benefit advance is a determination

referred to in subsection 35B(3) of the Family

Assistance Administration Act (regular family tax

benefit advances)--the day the determination is made;

(iv) such other day determined by the Secretary under this

Division; and

(b) is a period of 182 days or such other period determined by

the Secretary under this Division.

Schedule 1 Family tax benefit advance

Part 1 Amendments

6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

41 Standard reduction

(1) Subject to subclause (2), the standard reduction for a family tax

benefit advance is the amount worked out using the following

formula:

Original amount of the family tax benefit advance

365

Original repayment period

�

Member of a couple in a blended family

(2) If a determination under section 28 that an individual is eligible for

a percentage (the section 28 percentage) of the family tax benefit

for FTB children of the individual is in force, the standard

reduction for a family tax benefit advance paid to the individual is

the amount worked out using the following formula:

Amount worked out under subclause (1)

Section 28 percentage

Meaning of original repayment period

(3)

The

original repayment period for a family tax benefit advance is

a period of 182 days, unless the Secretary has determined a

different period for the advance under clause 42 or 51.

42 Secretary determines shorter repayment period

When determining an individual's entitlement to a family tax

benefit advance under section 35A of the Family Assistance

Administration Act, the Secretary may determine that the

repayment period for the family tax benefit advance is a period of

less than 182 days, if the Secretary is satisfied that it is appropriate

to determine the shorter repayment period having regard to:

(a) circumstances affecting the individual's eligibility for family

tax benefit; and

(b) circumstances affecting the rate of family tax benefit that the

individual is entitled to be paid.

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

43 Part A rate insufficient to cover reduction--single family tax

benefit advance

(1) This clause applies if:

(a) under clause 5 or 25A, the individual's Part A rate is to be

reduced to repay a family tax benefit advance (the unrepaid

advance); and

(b) the individual's Part A rate is not to be reduced under

clause 5 or 25A to repay any other family tax benefit

advance; and

reduced under clause 5 or 25A to repay the unrepaid advance

would exceed the amount of the individual's Part A rate

before reduction (the unreduced Part A rate), if the amount

were worked out under clause 40.

(2) Subject to clause 45, the Secretary must determine that the number

of days in the repayment period for the unrepaid advance is to be

increased so that the individual's Part A rate is reduced under

clause 5 or 25A by an amount that is no more than the individual's

unreduced Part A rate.

(3) If the individual's unreduced Part A rate later exceeds the amount

by which the individual's Part A rate would be reduced under

clause 40, the Secretary may determine that the number of days in

the repayment period for the unrepaid advance is to be decreased.

(4) However, the amount by which the individual's Part A rate is to be

reduced as a result of a determination under subclause (3) must be

no more than the standard reduction.

Note:

The individual may also request that the Secretary determine a shorter

or longer repayment period under clause 46 or 47.

44 Part A rate insufficient to cover reduction--multiple family tax

benefit advances

(1) This clause applies if:

(a) under clause 5 or 25A, the individual's Part A rate is to be

reduced to repay more than one family tax benefit advance

(the unrepaid advances); and

Schedule 1 Family tax benefit advance

Part 1 Amendments

8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(b) the sum of the amounts by which the individual's Part A rate

would be reduced under clause 5 or 25A to repay the

unrepaid advances would exceed the amount of the

individual's Part A rate before reduction (the unreduced Part

A rate), if the amounts were worked out under clause 40.

(2) Subject to clause 45, the amount by which the individual's Part A

rate is to be reduced under clause 5 or 25A to repay the unrepaid

advances is worked out using the following method statement:

Method statement

Step 1. Take each advance, in the order in which the advances

were paid.

Step 2. If the unreduced Part A rate, less any amounts by which

the individual's Part A rate has been reduced under a

previous application of this step, equals or exceeds the

standard reduction for the advance, the individual's Part

A rate is to be reduced by an amount equal to the

standard reduction.

Step 3. If the unreduced Part A rate, less any amounts by which

the individual's Part A rate has been reduced under a

previous application of step 2, does not equal or exceed

the standard reduction for the advance (but is greater than

nil), the Secretary must determine that the number of

days in the repayment period for the advance is to be

increased so that the individual's Part A rate is reduced

by an amount that is no more than the remainder.

Step 4. If the unreduced Part A rate, less any amounts by which

the individual's Part A rate has been reduced under a

previous application of step 2 or step 3, is nil, the

Secretary must determine that the repayment period for

the advance is to be suspended while the determination is

in force.

(3) The Secretary may vary a determination made under step 3 of the

method statement in subclause (2).

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(4) The Secretary may revoke a determination made under step 4 of

the method statement in subclause (2).

(5) Subject to clause 45, if the Secretary revokes a determination made

under step 4 of the method statement in subclause (2) in relation to

a family tax benefit advance, the Secretary must determine the

number of days remaining in the repayment period for the advance.

(6) The Secretary must not vary a determination under subclause (3),

or make a determination under subclause (5), in relation to a family

tax benefit advance so that the amount by which the individual's

Part A rate is to be reduced under clause 5 or 25A to repay the

advance is more than the standard reduction.

45 Part A rate insufficient to cover reduction--discretion to create

FTB advance debt

(1) The Secretary may, instead of making a determination under

subclause 43(2), step 3 of the method statement in subclause 44(2)

or under subclause 44(5), determine that the amount of unrepaid

family tax benefit advance is to be a debt.

Note:

See subsection 71A(7) of the Family Assistance Administration Act.

(2) However, the Secretary must not make a determination under

subclause (1) unless the individual's Part A rate before reduction

under clause 5 or 25A is less than the amount that would, under

clause 26, be the FTB child rate for an FTB child who had not

turned 18 if:

(a) the individual's Part A rate were required to be worked out

using Part 3 of this Schedule; and

(b) clause 27 did not apply.

46 Changing the repayment period--individual requests shorter

period

Request for shorter repayment period

(1) The Secretary may determine that the number of days in a

repayment period for a family tax benefit advance paid to an

individual is to be decreased if:

Schedule 1 Family tax benefit advance

Part 1 Amendments

10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(a) the individual has made a request in accordance with

subclause (2) for a shorter repayment period; and

(b) the Secretary is satisfied that the individual would not suffer

severe financial hardship if the number of days in the

repayment period were decreased as determined.

(2) The request must be made in a form and manner, contain any

information, and be accompanied by any documents, required by

the Secretary.

Request for variation of the determination

(3) On the request of the individual, the Secretary may, in writing,

vary the determination so as to increase the number of days in the

repayment period.

(4) However, the Secretary must not vary the determination under

subclause (3) if, as a result of the variation, the amount by which

the individual's Part A rate is to be reduced under clause 5 or 25A

would be less than the standard reduction.

Note:

If, after a variation under subclause (3), the reduction in the

individual's Part A rate under clause 5 or 25A would cause the

individual to suffer severe financial hardship, the individual may

request a longer repayment period under clause 47.

47 Changing the repayment period--individual requests longer

period

Request for longer repayment period

(1) The Secretary may determine that the number of days in a

repayment period for a family tax benefit advance paid to an

individual is to be increased if:

(a) the individual has made a request in accordance with

subclause (2) for a longer repayment period; and

(b) the Secretary is satisfied that:

(i) special circumstances relevant to the repayment of the

advance exist in relation to the individual that could not

reasonably have been foreseen at the time of the

individual's request for a family tax benefit advance;

and

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(ii) the individual would suffer severe financial hardship if

the number of days in the repayment period were not

increased as determined.

(2) The request must be made in a form and manner, contain any

information, and be accompanied by any documents, required by

the Secretary.

Secretary may vary the determination

(3) The Secretary may, in writing, vary the determination so as to

reduce the number of days in the repayment period but only if:

(a) the Secretary is satisfied that the individual would not suffer

severe financial hardship because of the variation; and

(b) the amount by which the individual's Part A rate is to be

reduced under clause 5 or 25A, as a result of the variation, is

not greater than the standard reduction.

48 Changing the repayment period--recalculation of amount of

unrepaid family tax benefit advance

(1) This clause applies if, during the repayment period for a family tax

benefit advance, the amount of the family tax benefit advance that

is unrepaid is increased, due to a variation in a determination, or a

variation or substitution of a decision on review (other than a

variation under subsection 28(2) or (6) of the Family Assistance

Administration Act), so that the amount by which the individual's

Part A rate is to be reduced under clause 5 or 25A is an amount

that is more than the standard reduction.

(2) The Secretary must determine that the number of days in a

repayment period is to be increased so that the amount by which

the individual's Part A rate is to be reduced under clause 5 or 25A

is an amount that is no more than the standard reduction.

Note:

The individual may also request that the Secretary determine a shorter

or longer repayment period under clause 46 or 47.

Schedule 1 Family tax benefit advance

Part 1 Amendments

12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

49 Suspension of repayment period

Request for suspension of repayment period

(1) The Secretary may determine that the repayment period for a

family tax benefit advance paid to an individual is to be suspended

while the determination is in force.

(2) However, the Secretary may only make a determination under

subclause (1) if:

(a) the individual has made a request in accordance with

subclause (3) for the repayment period to be suspended; and

(b) the Secretary is satisfied that:

(i) special circumstances relevant to the repayment of the

advance exist in relation to the individual that could not

reasonably have been foreseen at the time of the

individual's request for a family tax benefit advance;

and

(ii) the individual would suffer severe financial hardship if

the individual's Part A rate were to be reduced for that

period.

(3) The request must be made in a form and manner, contain any

information, and be accompanied by any documents, required by

the Secretary.

Secretary may revoke the suspension

(4) The Secretary may in writing, at any time, revoke the

determination, but only if the Secretary is satisfied that the

individual would not suffer severe financial hardship from the

individual's Part A rate being reduced under clause 5 or 25A as a

result of the revocation.

Determination of repayment period on revocation of suspension

(5) If the Secretary revokes the determination, the Secretary must

determine the number of days remaining in the repayment period

so that the amount by which the individual's Part A rate is to be

reduced under clause 5 or 25A is an amount that is no more than

the standard reduction.

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Note:

The individual may also request that the Secretary determine a shorter

or longer repayment period under clause 46 or 47.

50 Repayment of family tax benefit advance by another method

(1) The Secretary may determine that an individual may repay all or

part of an amount of unrepaid family tax benefit advance by a

method other than by reduction under clause 5 or 25A if:

(a) the individual has made a request in accordance with

subclause (2); and

(b) the method is acceptable to both the individual and the

Secretary.

(2) The request must be made in a form and manner, contain any

information, and be accompanied by any documents, required by

the Secretary.

51 Recalculation of amount of unrepaid family tax benefit advance

(1) This clause applies if:

(a) an individual is paid a family tax benefit advance (the old

advance); and

(b) the individual's Part A rate has been reduced under clause 5

or 25A to repay the old advance; and

(d) due to a variation in a determination, or a variation or

substitution of a decision on review (other than a variation

under subsection 28(2) or (6) of the Family Assistance

Administration Act), the reduction in the individual's Part A

rate under clause 5 or 25A has not been sufficient to repay

the old advance; and

(e) at the time of the variation of the determination, or the

variation or substitution of the decision on review:

(i) the individual is entitled to be paid family tax benefit by

instalment; and

(ii) the individual's Part A rate is greater than nil (before

reduction under clause 5 or 25A).

Note:

If a variation or review occurs during the repayment period for a

family tax benefit advance, the Secretary may be required to make a

determination under clause 48.

Schedule 1 Family tax benefit advance

Part 1 Amendments

14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(2) The Secretary must determine that the individual is to be taken to

have been paid a family tax benefit advance (the new advance)

equal to the amount of the old advance left unrepaid on the day on

which the Part A rate is recalculated.

(3) If an individual is taken to have been paid a new advance under

subclause (2), the individual is taken to have repaid the old

advance.

(4) The Secretary must determine the repayment period for the new

advance and the day on which the repayment period is to begin.

(5) The Secretary must not make a determination under subclause (4)

that would cause the individual to suffer severe financial hardship.

(6) The Secretary may vary or revoke a determination made under

subclause (2) or (4), if a subsequent variation in the determination,

or a variation or substitution of the decision on review, occurs.

A New Tax System (Family Assistance) (Administration) Act

1999

9 Subsection 3(1)

Insert:

advance assessment day, in relation to a family tax benefit

advance, has the meaning given by subsection 35A(3) and

paragraph 35B(3)(b).

10 Subsection 3(1)

Insert:

FTB advance debt has the meaning given by section 71A.

11 Subsection 3(1)

Insert:

maximum amount, in relation to a family tax benefit advance, has

the meaning given by section 35D.

12 Subsection 3(1)

Insert:

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

minimum amount, in relation to a family tax benefit advance that

is paid to an individual, means:

(a) 3.75% of the FTB child rate for one FTB child who is under

13 years of age worked out under clause 7 of Schedule 1 to

the Family Assistance Act (disregarding clauses 8 to 11 of

that Schedule); or

(b) if a determination under section 28 of that Act that the

individual is eligible for a percentage (the section 28

percentage) of the family tax benefit for FTB children of the

individual is in force--the section 28 percentage of the

paragraph (a) amount; or

paragraph (a) or (b) is not a number of whole cents--the

amount rounded down to the nearest cent.

13 Division 2 of Part 3

Repeal the Division, substitute:

Division 2--Payment of family tax benefit advances

Subdivision A--Request for family tax benefit advance

33 Request

(1) An individual may request a family tax benefit advance.

(2) If an individual makes a request for a family tax benefit advance

(the first advance) accompanied by a request under section 35B

(regular family tax benefit advances), the individual may also

request that entitlement to the first advance be determined on a

specified future day.

34 Form of request

(1) To be effective a request:

(a) must be made in a form and manner, contain any

information, and be accompanied by any documents required

by the Secretary; and

(b) must specify the amount of family tax benefit advance

sought; and

Schedule 1 Family tax benefit advance

Part 1 Amendments

16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

least the minimum amount.

(2) If an effective request is made, the Secretary must determine the

request in accordance with this Division. If a request is not

effective, it is taken never to have been made.

35 Request may be withdrawn or varied

(1) An individual may withdraw or vary a request before the request is

determined.

(2) The individual may only do so in a manner determined by the

Secretary.

(3) If a request is withdrawn, it is taken never to have been made.

Subdivision B--Entitlement to family tax benefit advance

35A Entitlement to family tax benefit advance

(1) The Secretary must determine that an individual is entitled to be

paid a family tax benefit advance if:

(a) on the advance assessment day, the individual is entitled to

be paid family tax benefit by instalment; and

(b) the individual has made an effective request under section 34

for a family tax benefit advance; and

(disregarding clauses 5 and 25A of Schedule 1 to the Family

Assistance Act) is equal to or exceeds the amount that would,

under clause 26 of that Schedule, be the FTB child rate for an

FTB child who had not turned 18 if:

(i) the individual's Part A rate were required to be worked

out using Part 3 of that Schedule; and

(ii) clause 27 of that Schedule did not apply; and

(d) on the advance assessment day, the individual has at least one

FTB child; and

(e) on the advance assessment day, the amount of advance that

the individual would be entitled to is at least the minimum

amount; and

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(f) the Secretary considers, on the basis of information available

to the Secretary on the advance assessment day, that the

individual will not suffer financial hardship from the

individual's Part A rate being reduced as a result of being

paid the advance; and

(g) on the advance assessment day, the individual is not excluded

from being paid a family tax benefit advance under

subsection (2).

(2) An individual is excluded from being paid a family tax benefit

advance if:

(a) an amount of family tax benefit advance paid to the

individual more than 12 months before the advance

assessment day has not been fully repaid; or

(b) an amount of family tax benefit advance paid to the

individual more than 12 months before the advance

assessment day is being repaid as a new advance due to a

determination under clause 51 of Schedule 1 to the Family

Assistance Act; or

arising under this Act or not) that is:

(i) recoverable under Part 4 by means of deductions from

the individual's instalments of family tax benefit under

section 84 (unless that debt has been written off because

of subsection 95(4A) or (4B)); or

(ii) being recovered by deductions from the individual's

instalments of family tax benefit under section 227; or

(d) on the advance assessment day, the Secretary is prohibited

from making a payment of family tax benefit to the

individual under section 32AA or 32AD (non-payment for

non-lodgment of tax returns).

(3)

individual's

advance assessment day is the day the Secretary

determines the individual's entitlement to be paid a family tax

benefit advance.

(4) If the individual is not entitled to be paid a family tax benefit

advance under subsection (1), the Secretary must determine that

the individual is not entitled to the family tax benefit advance.

Schedule 1 Family tax benefit advance

Part 1 Amendments

18 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Subdivision C--Regular family tax benefit advances

35B Regular family tax benefit advances

(1) An individual who makes a request in accordance with section 34

for a family tax benefit advance of the minimum amount (the first

advance) may, when making the request, also request that a family

tax benefit advance of the minimum amount be paid to the

individual at regular intervals of 182 days.

(2) For the request for payment of a family tax benefit advance at

regular intervals to be effective, the request must be made in a

form and manner, contain any information, and be accompanied by

any documents, required by the Secretary.

(3) If an individual makes an effective request under this section:

(a) the Secretary must make a determination under section 35A,

in relation to the individual's eligibility for a family tax

benefit advance of the minimum amount, at intervals that

would best facilitate payment in accordance with the request;

and

(b)

the

advance assessment day for a determination referred to in

paragraph (a) is:

(i) if the individual has not previously been paid a family

tax benefit advance requested under this section--the

day that falls immediately after the end of an interval of

182 days that began on the day the first advance was

paid; or

(ii) if the individual has previously been paid a family tax

benefit advance requested under this section--the day

that falls immediately after the end of the last of the

intervals of 182 days, the first of which began on the

day the first advance was paid.

(4) The Secretary must, in making a determination referred to in

subsection (3), treat paragraph 35A(1)(b) (requirement to make an

effective request) as having been satisfied if:

(a) the individual has made an effective request under this

section; and

(b) the request has not been withdrawn under subsection (6)

before the determination is made; and

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

benefit advance paid in response to the request under

section 34 mentioned in subsection (1), or the request under

this section, within 182 days.

(5) A request under subsection (1) ceases to be effective if:

(a) the Secretary, in making a determination referred to in

subsection (3), determines that the individual is not entitled

to a family tax benefit advance; or

(b) the individual withdraws the request under subsection (6).

(6) An individual may, in a manner determined by the Secretary,

withdraw the request at any time.

Subdivision D--Amount of family tax benefit advance

35C Amount of family tax benefit advance

(1) The amount of the family tax benefit advance is the smaller of the

following amounts:

(a) the amount of advance sought;

(b) the maximum amount of advance payable to the individual

on the advance assessment day worked out under section 35D

less the original amount of each family tax benefit advance

paid to the individual that is unrepaid on that day.

(2) When working out the original amount of each family tax benefit

advance paid to the individual that is unrepaid for the purposes of

paragraph (1)(b), disregard clause 51 of Schedule 1 to the Family

Assistance Act.

(3) The Secretary may determine that the amount of the family tax

benefit advance is a lower amount than the amount that applies

under subsection (1) if the Secretary is satisfied that the individual

would suffer financial hardship if the individual's Part A rate were

reduced as a result of being paid that amount.

Schedule 1 Family tax benefit advance

Part 1 Amendments

20 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

35D Maximum amount of family tax benefit advance payable

(1) Subject to subsection (2), the maximum amount of family tax

benefit advance payable to the individual is set out in the following

table:

Maximum amount of family tax benefit advance

Item If 7.5% of the individual's adjusted

Part A rate is:

The individual's maximum

amount of family tax benefit

advance is:

greater than or equal to 23.3% of the

standard rate for a child under 13

23.3% of the standard rate for a

child under 13

less than 23.3% and greater than 7.5%

of the standard rate for a child under 13

7.5% of the individual's adjusted

Part A rate

less than or equal to 7.5% of the

standard rate for a child under 13

7.5% of the standard rate for a child

under 13

Member of a couple in a blended family

(2) If a determination under section 28 of the Family Assistance Act

that the individual is eligible for a percentage (the section 28

percentage) of the family tax benefit for FTB children of the

individual is in force, the maximum amount of family tax benefit

advance payable to the individual is the section 28 percentage of

the amount worked out for the individual under subsection (1).

Rounding

(3) Amounts worked out under this section must be rounded to the

nearest cent (rounding 0.5 cents upwards).

Definitions

(4) In this section:

adjusted Part A rate, in relation to an individual, means the

individual's Part A rate disregarding:

(a) clause 38A of Schedule 1 to the Family Assistance Act; and

(b) any reduction under clause 5 or 25A of that Schedule.

standard rate for a child under 13 means the FTB child rate for

one FTB child who is under 13 years of age worked out under

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

clause 7 of Schedule 1 to the Family Assistance Act (disregarding

clauses 8 to 11 of that Schedule).

Subdivision E--Payment of family tax benefit advance

35E Payment of advance

(1) If an individual is entitled to be paid a family tax benefit advance,

the Secretary must, at such time and in such manner as the

Secretary considers appropriate, pay the individual the advance.

(2) This section is subject to Part 4, Division 3 of Part 8B and

sections 225 and 226.

14 Section 71A

Repeal the section, substitute:

71A Debts arising in respect of family tax benefit advances

No entitlement to advance

(1)

If:

(a) a family tax benefit advance has been paid to an individual;

and

(b) the individual was not entitled to the advance;

the amount so paid is a debt due to the Commonwealth by the

individual.

Overpayment

(2)

If:

(a) an amount (the received amount) of family tax benefit

advance has been paid to an individual; and

(b) the received amount is greater than the amount (the correct

amount) of family tax benefit advance that should have been

paid to the individual under the family assistance law;

the difference between the received amount and the correct amount

is a debt due to the Commonwealth by the individual.

Schedule 1 Family tax benefit advance

Part 1 Amendments

22 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Debt arising during the repayment period for a family tax benefit

advance

(3)

If:

(a) an individual is paid a family tax benefit advance; and

(b) the repayment period for the advance has not expired; and

(i) the individual ceases to be entitled to be paid family tax

benefit by instalment;

(ii) the individual's Part A rate becomes nil (before

reduction under clause 5 or 25A of Schedule 1 to the

Family Assistance Act);

the amount of unrepaid family tax benefit advance becomes a debt

due to the Commonwealth by the individual.

Debt arising due to variation or review after the repayment period

for a family tax benefit advance has expired

(4) If:

(a) an individual is paid a family tax benefit advance; and

(b) the individual's Part A rate has been reduced under clause 5

or 25A of Schedule 1 to the Family Assistance Act to repay

the advance; and

(d) due to a variation in a determination, or a variation or

substitution of a decision on review (other than a variation

under subsection 28(2) or (6)), the reduction in the

individual's Part A rate under clause 5 or 25A of Schedule 1

to the Family Assistance Act has not been sufficient to repay

the advance; and

(e) at the time of the variation of the determination, or the

variation or substitution of the decision on review:

(i) the individual is not entitled to be paid family tax

benefit by instalment; or

(ii) the individual's Part A rate is nil (before reduction

under clause 5 or 25A of Schedule 1 to the Family

Assistance Act);

the amount of the family tax benefit advance left unrepaid as a

result of the variation of the determination, or the variation or

Family tax benefit advance Schedule 1

Amendments Part 1

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

substitution of the decision on review, becomes a debt due to the

Commonwealth by the individual.

Note:

If the individual is entitled to be paid family tax benefit by instalment

and has a Part A rate greater than nil, the unrepaid amount of the

advance is to be repaid by reductions in the individual's Part A rate

(see clause 51 of Schedule 1 to the Family Assistance Act).

Debt arising due to variation under subsection 28(2) or (6)

(5)

If:

(a) an individual is paid a family tax benefit advance; and

(b) the individual's Part A rate has been reduced under clause 5

or 25A of Schedule 1 to the Family Assistance Act to repay

the advance; and

entitlement to family tax benefit made under subsection 28(2)

or (6), the reduction in the individual's Part A rate under

clause 5 or 25A of Schedule 1 to the Family Assistance Act

has not been sufficient to repay the advance;

the amount of the family tax benefit advance left unrepaid as a

result of the variation of the determination becomes a debt due to

the Commonwealth by the individual.

(6) If a debt is created under subsection (5) and the Secretary varies

the determination of the individual's entitlement to family tax

benefit under subsection 28(3) or (4), the debt is taken never to

have been created.

Note:

If, after the variation, the individual's Part A rate was not sufficient to

repay the advance, the unrepaid amount of the advance is to be repaid

either by reductions in the individual's Part A rate (see clauses 48 and

51 of Schedule 1 to the Family Assistance Act) or as a debt under

subsection (3) or (4).

Debt arising due to determination under clause 45 of Schedule 1 to

the Family Assistance Act

(7)

If:

(a) an individual is paid a family tax benefit advance; and

(b) the Secretary determines under clause 45 of Schedule 1 to the

Family Assistance Act that the amount of the advance that is

unrepaid is to be a debt;

Schedule 1 Family tax benefit advance

Part 1 Amendments

24 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

the amount of the family tax benefit advance becomes a debt due to

the Commonwealth by the individual.

Meaning of FTB advance debt

(8) The debt due to the Commonwealth under subsection (1), (2), (3),

(4), (5) or (7) is an FTB advance debt.

15 After subparagraph 111(2)(a)(i)

Insert:

(ia)

subsection

34(1);

(ib)

subsection

35B(2);

16 At the end of paragraph 111(2)(a)

Add:

(xviii) subclause 46(2), 47(2), 49(3) or 50(2) of Schedule 1 to

the Family Assistance Act;

Family tax benefit advance Schedule 1

Application and transitional Part 2

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Part 2--Application and transitional

17 Application

The amendments made by Part 1 of this Schedule apply to family tax

benefit advances requested on or after the commencement of Part 1.

18 Transitional--percentage of standard rate for a child

under 13 for 2011-12

For the purpose of subsection 35D(1) of the Family Assistance

Administration Act as inserted by this Schedule, 23.3% of the standard

rate for a child under 13 is taken to be $1000 for the 2011-12 financial

year.

19 Transitional--request for determination on a future day

A request under subsection 33(2) of the Family Assistance

Administration Act (as inserted by this Schedule) for a family tax

benefit advance to be determined on a specified future day may only be

made on or after 1 January 2012.

Schedule 1 Family tax benefit advance

Part 3 Transitional advance payment

26 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Part 3--Transitional advance payment

20 Transitional advance payment

(1)

This item applies if:

(a) an individual was paid a family tax benefit advance for the

individual's family tax benefit advance period that ended on

30 June 2011; and

(b) under paragraph 33(3)(b) of the Family Assistance

Administration Act as in effect immediately before the

commencement of this Schedule, the request for the advance

operated for a particular standard advance period and all

subsequent standard advance periods; and

2011; and

(d) under clause 5 or 25A of Schedule 1 to the Family Assistance

Act as in effect immediately before the commencement of

this Schedule, the individual's Part A rate was reduced for

the period by the FTB advance rate.

(2)

On 1 July 2011, the individual is taken to have made an effective

request for a single family tax benefit advance under section 34 of the

Family Assistance Administration Act as inserted by this Schedule.

(3)

The individual's advance assessment day is taken to be 1 July 2011.

(4)

The amount of the family tax benefit advance is the smallest of the

following amounts:

(a)

$333.06;

(b) the maximum amount of advance payable to the individual

on the advance assessment day worked out under section 35D

of the Family Assistance Administration Act as inserted by

this Schedule;

35C(3) of the Family Assistance Administration Act as

inserted by this Schedule.

(5)

Clauses 47 and 49 of Schedule 1 to the Family Assistance Act as

inserted by this Schedule do not apply to the advance.

Health checks for young FTB children Schedule 2

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Schedule 2--Health checks for young FTB

children

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1) (paragraph (b) of the definition of

receiving)

After "50T of the Family Assistance Administration Act", insert ",

section 61A of this Act".

2 Subsection 3(1) (subparagraph (b)(i) of the definition of

receiving)

After "those", insert "sections and".

3 After section 61

Insert:

61A FTB Part A supplement to be disregarded unless health check

requirement satisfied

Parents of FTB children

(1)

If:

(a) an individual has an FTB child who turned 4 in an income

year; and

(b) the following apply in relation to one or more days (each of

which is an applicable day) in that income year:

(i) the child is an FTB child of the individual;

(ii) the individual, or the individual's partner, is a parent of

the child;

(iii) the individual, or the individual's partner, is receiving a

social security pension, a social security benefit, a

service pension or income support supplement;

then the Secretary must disregard clause 38A of Schedule 1 in

relation to the individual, the FTB child and each applicable day

unless:

Schedule 2 Health checks for young FTB children

28 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

income year in which the FTB child turned 4, the Secretary

becomes aware of information suggesting that one of the

following subparagraphs applies:

(i) the FTB child meets the health check requirement (see

subsection (4));

(ii) the FTB child is in a class exempted from the health

check requirement by a determination under

subsection (6);

(iii) the FTB child is in a class that is taken to meet the

health check requirement by a determination under

subsection (7);

(iv) special circumstances exist in relation to the individual

or the individual's partner (or both) that make it

inappropriate for the individual, and the individual's

partner, to arrange for the FTB child to meet the health

check requirement; and

(d) at any time, the Secretary is satisfied that one of those

subparagraphs applied before the end of that second income

year.

Other FTB recipients

(2)

If:

(a) an individual has an FTB child who turned 4 in an income

year; and

(b) the following apply in relation to one or more days (each of

which is an applicable day) in that income year:

(i) the child is an FTB child of the individual;

(ii) neither the individual, nor the individual's partner, is a

parent of the child;

(iii) the individual, or the individual's partner, is receiving a

social security pension, a social security benefit, a

service pension or income support supplement; and

least 182 days; and

(d) one of the applicable days is the last day of that income year;

then the Secretary must disregard clause 38A of Schedule 1 in

relation to the individual, the FTB child and each applicable day

unless:

Health checks for young FTB children Schedule 2

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(e) at any time before the end of the second income year after the

income year in which the FTB child turned 4, the Secretary

becomes aware of information suggesting that one of the

following subparagraphs applies:

(i) the FTB child meets the health check requirement (see

subsection (4));

(ii) the FTB child is in a class exempted from the health

check requirement by a determination under

subsection (6);

(iii) the FTB child is in a class that is taken to meet the

health check requirement by a determination under

subsection (7);

(iv) special circumstances exist in relation to the individual

or the individual's partner (or both) that make it

inappropriate for the individual, and the individual's

partner, to arrange for the FTB child to meet the health

check requirement; and

(f) at any time, the Secretary is satisfied that one of those

subparagraphs applied before the end of that second income

year.

Exception

(3) However, subsection (1) or (2) does not apply if the FTB child dies

before the end of the second income year after the income year in

which the child turned 4.

Health check requirement

(4) For the purposes of this section, the health check requirement for

a child is that the child must meet the requirements specified in an

instrument under subsection (5).

(5) The Minister may, by legislative instrument, specify requirements

relating to the health of children for the purposes of subsection (4).

Exempt class of children

(6) The Minister may, by legislative instrument, determine that

children included in a specified class are exempt from the health

check requirement.

Schedule 2 Health checks for young FTB children

30 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Children taken to meet health check requirement

(7) The Minister may, by legislative instrument, determine that

children included in a specified class are taken to meet the health

check requirement.

Relationship with section 32A of the Family Assistance

Administration Act

(8) This section does not limit section 32A of the Family Assistance

Administration Act (about disregarding the FTB Part A supplement

until the reconciliation conditions are satisfied).

Definition of parent

(9) In this section:

parent includes an adoptive parent and a relationship parent.

4 Application

The amendment made by item 3 applies in relation to the 2011-12

income year and later income years.

A New Tax System (Family Assistance) (Administration) Act

1999

5 Subsection 107(1)

Omit "subsection (3)", substitute "subsections (3), (3A) and (3B)".

6 After subsection 107(3)

Insert:

(3A) Subsection (1) does not limit the date of effect of a review

decision, in respect of an original decision that relates to the

payment to a person of family tax benefit by instalment, if the

following apply:

(a) under section 61A of the Family Assistance Act, the

Secretary disregarded clause 38A of Schedule 1 to that Act in

relation to the person, an FTB child of the person and a day;

(b) the review is undertaken because:

Health checks for young FTB children Schedule 2

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(i) before the end of the second income year after the

income year in which the FTB child turned 4, the

Secretary becomes aware of information suggesting that

section 61A of that Act does not prevent that clause

being taken into account in relation to that person, that

FTB child and that day; and

(ii) at any time, the Secretary is satisfied that section 61A of

that Act does not prevent that clause being taken into

account in relation to that person, that FTB child and

that day.

(3B) Subsection (1) does not limit the date of effect of a review

decision, in respect of an original decision that relates to the

payment to a person of family tax benefit by instalment, if the

review is undertaken because of subsection 61A(1) or (2) of the

Family Assistance Act not applying in relation to the person

because of the operation of subsection 61A(3) of that Act.

7 At the end of subsection 109D(4)

Add:

; or (d) the family assistance is family tax benefit and the following

apply:

(i) under section 61A of the Family Assistance Act, the

Secretary disregarded clause 38A of Schedule 1 to that

Act in relation to the person, an FTB child of the person

and a day;

(ii) the Secretary is satisfied the application for review is

made because the person considers that section 61A of

that Act does not prevent that clause being taken into

account in relation to that person, that FTB child and

that day;

(iii) the application for review is made before the end of the

second income year after the income year in which that

FTB child turned 4; or

(e) the family assistance is family tax benefit and the application

for review is made because of subsection 61A(1) or (2) of the

Family Assistance Act not applying in relation to the person

because of the operation of subsection 61A(3) of that Act.

8 At the end of subsection 109E(3)

Schedule 2 Health checks for young FTB children

32 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Add:

; or (d) the following apply:

(i) under section 61A of the Family Assistance Act, the

Secretary disregarded clause 38A of Schedule 1 to that

Act in relation to the person mentioned in

paragraph (1)(a) of this section, an FTB child of the

person and a day;

(ii) the Secretary is satisfied the application for review is

made because the person considers that section 61A of

that Act does not prevent that clause being taken into

account in relation to that person, that FTB child and

that day;

(iii) the application for review is made before the end of the

second income year after the income year in which that

FTB child turned 4; or

(e) the application for review is made because of subsection

61A(1) or (2) of the Family Assistance Act not applying in

relation to the person mentioned in paragraph (1)(a) of this

section because of the operation of subsection 61A(3) of that

Act.

Determinations of adjusted taxable income Schedule 3

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Schedule 3--Determinations of adjusted

taxable income

Child Support (Assessment) Act 1989

1 Subsection 5(1)

Insert:

ATI indexation factor has the meaning given by subsection

58AA(1).

2 At the end of section 5A

Add:

(5)

If:

(a) the Australian Statistician publishes the amount (the later

amount) referred to in subsection (1) for a relevant

September quarter; and

(b) the later amount is published in substitution for such an

amount for that quarter that was previously published by the

Australian Statistician;

the publication of the later amount is to be disregarded for the

purposes of this Act.

3 Section 55J

Omit:

�

The Registrar might make a determination of a parent's

adjusted taxable income if the parent has not lodged a tax

return.

substitute:

�

The Registrar may determine a parent's adjusted taxable

income in certain circumstances.

4 Subdivision B of Division 7 of Part 5 (heading)

Schedule 3 Determinations of adjusted taxable income

34 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Repeal the heading, substitute:

Subdivision B--Adjusted taxable income determined by

reference to taxable income etc.

5 Section 58

Repeal the section, substitute:

58 Determination by the Registrar of a parent's adjusted taxable

income

(1) This section applies if a parent is to be assessed in respect of the

costs of a child in relation to a child support period and either of

the following apply:

(a) the parent's taxable income for the last relevant year of

income in relation to the period has not been assessed under

an Income Tax Assessment Act;

(b) the Registrar is unable to ascertain whether or not the

parent's taxable income for that year has been so assessed.

Information or document in the possession of the Registrar etc.

(2)

If:

(a) the Registrar or the Commissioner of Taxation has

information (whether oral or written) or a document in his or

her possession; and

(b)

either:

(i) an amount is specified in that information or document

as the parent's adjusted taxable income for the last

relevant year of income; or

(ii) that information or document allows the amount of the

parent's adjusted taxable income for the last relevant

year of income to be worked out; and

amount so worked out, is a reasonable approximation of the

parent's adjusted taxable income for that year;

the Registrar may determine that the specified amount, or the

amount so worked out, is the parent's adjusted taxable income for

that year.

Determinations of adjusted taxable income Schedule 3

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Parent's taxable income assessed for the previous year of income

(3)

If:

(a) the parent's taxable income for a year of income has been

assessed under an Income Tax Assessment Act; and

(b) that year (the previous year) is the year of income before the

last relevant year of income;

the Registrar may determine that the parent's adjusted taxable

income for the last relevant year of income is the amount worked

out by multiplying the parent's adjusted taxable income for the

previous year by the ATI indexation factor.

Parent's taxable income assessed for an earlier year of income

(4)

If:

(a) the parent's taxable income for the previous year has not

been assessed under an Income Tax Assessment Act; but

(b) the parent's taxable income for an earlier year of income has

been so assessed;

the Registrar may determine that the parent's adjusted taxable

income for the last relevant year of income is the greater of the

following amounts:

taxable income for the earlier year of income (or, if the

parent's taxable income has been so assessed for more than

one earlier year of income, the most recent of those years) by

the ATI indexation factor;

(d) the amount that is equal to two-thirds of the annualised

MTAWE figure for the relevant September quarter in relation

to the child support period.

Other circumstances

(5)

If:

(a) subsections (2), (3) and (4) do not apply in relation to the

parent; or

(b) the Registrar decides not to make a determination in relation

to the parent under one of those subsections;

the Registrar may determine that the parent's adjusted taxable

income for the last relevant year of income is an amount that is at

Schedule 3 Determinations of adjusted taxable income

36 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

least two-thirds of the annualised MTAWE figure for the relevant

September quarter in relation to the child support period.

58AA ATI indexation factor for determinations under section 58

(1)

The

ATI indexation factor is:

AWE amount for the September quarter of

the last relevant year of income

AWE amount for the September quarter of the tax return year

where:

AWE amount for a September quarter of a year of income means

the amount published for the reference period in the quarter by the

Australian Statistician in a document titled "Average Weekly

Earnings, Australia" (or, if that title changes, in a replacement

document) under the headings "Average Weekly Earnings--

Trend--Persons--All employees total earnings" (or, if any of

those headings change, under any replacement headings).

reference period in a September quarter of a year of income means

the period described by the Australian Statistician as the last pay

period ending on or before the third Friday of the middle month of

the quarter.

September quarter of a year of income means the quarter ending

on 30 September of that year.

tax return year means:

(a) if subsection 58(3) applies--the year of income before the

last relevant year of income in relation to a child support

period; or

(b) if subsection 58(4) applies--the earlier year of income that

applies under paragraph 58(4)(c).

(2) The ATI indexation factor is to be calculated to 3 decimal places

(rounding up if the fourth decimal place is 5 or more).

(3)

If:

(a) the Australian Statistician publishes an AWE amount (the

later amount) for a September quarter of a year of income;

and

Determinations of adjusted taxable income Schedule 3

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(b) the later amount is published in substitution for an AWE

amount for that quarter that was previously published by the

Australian Statistician;

the publication of the later amount is to be disregarded for the

purposes of this section.

6 Section 150C

Repeal the section.

7 After subsection 155(2)

Insert:

(2A) Before the end of each calendar year, the Secretary must publish in

the Gazette the AWE amount (within the meaning of subsection

58AA(1)) for the quarter ending on 30 September of that year.

8 Subsection 155(3)

Omit "and (2)", substitute ", (2) and (2A)".

9 Application--subsection 5A(5) of the Child Support

(Assessment) Act 1989

Subsection 5A(5) of the Child Support (Assessment) Act 1989, as

inserted by this Schedule, applies in relation to the amount referred to in

subsection 5A(1) of that Act that is published before or after the

commencement of this item.

10 Application--subsection 58AA(3) of the Child Support

(Assessment) Act 1989

Subsection 58AA(3) of the Child Support (Assessment) Act 1989, as

inserted by this Schedule, applies in relation to an AWE amount (within

the meaning of subsection 58AA(1) of that Act, as inserted by this

Schedule) that is published before or after the commencement of this

item.

11 Saving provision

If:

(a) a determination was made under section 58 of the Child

Support (Assessment) Act 1989 before the commencement of

this item; and

Notice of payments of recompense for personal injuries Schedule 4

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Schedule 4--Notice of payments of

recompense for personal injuries

Social Security Act 1991

1 Subsection 17(1)

Insert:

recompense for a personal injury has the meaning given by

subsection (7).

2 Subsection 17(6)

After "reference in", insert "Division 4 of".

3 After subsection 17(6)

Insert:

Recompense

(7)

Recompense for a personal injury means any of the following

payments made in respect of the injury:

(a) a payment of damages;

(b) a payment under a scheme of insurance or compensation

under a Commonwealth, State or Territory law, including a

payment under a contract entered into under such a scheme;

settlement of a claim for damages or a claim under such an

insurance scheme;

(d) any other compensation or damages payment.

It does not matter whether the payment is in a lump sum or a series

of periodic payments and whether it is made within or outside

Australia.

(7A) Paragraph (7)(d) does not apply to a compensation payment if the

recipient contributed towards the payment (through insurance

premiums, for example) and either:

(a) the agreement the contributions were made under does not

provide for amounts otherwise payable under the agreement

Schedule 4 Notice of payments of recompense for personal injuries

40 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

to be reduced or not payable because the recipient is eligible

for or receives compensation affected payments; or

(b) the agreement does so provide but the compensation payment

has been calculated without reference to the provision.

(7B) Despite subsections (1) and (7), a payment under a

Commonwealth, State or Territory law that provides for the

payment of compensation for a personal injury suffered as a result

of the commission of an offence is not recompense for the

purposes of this Act.

(7C) To avoid doubt, the definition of compensation in this section does

not apply to subsection (7), (7A) or (7B).

Income cut-out amount

Note:

The heading to section 17 is altered by inserting "notification and" after

"Compensation".

4 Part 3.14 (heading)

Repeal the heading, substitute:

Part 3.14--Compensation notification and recovery

5 Before subsection 1160(1)

Insert:

(1A) This Part requires notice to be given to the Secretary before certain

payments of recompense for personal injury are made, changed or

stopped.

6 After Division 2 of Part 3.14

Insert:

Notice of payments of recompense for personal injuries Schedule 4

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Division 2A--Notice of payment of recompense for

personal injury

1167A Notice by payer

Notice of one-off payment or initial periodic payment

(1) At least 14 days before a person makes any of the following

payments, the person must give the Secretary notice, in a form

approved by the Secretary, of the proposed payment:

(a) a payment of a lump sum of recompense for a personal

injury;

(b) the first payment of a number of periodic payments of

recompense for a personal injury;

injury.

Note:

Failure to give notice as required by this subsection may result in the

person incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Notice of change of periodic payments

(2) At least 14 days before a person makes a periodic payment of

recompense for a personal injury, the person must give the

Secretary notice, in a form approved by the Secretary, of the

proposed payment if:

(a) it is of an amount different from the amount of the most

recent periodic payment of recompense for that injury that

has been the subject of notice under this Division; or

(b) it is for a period longer or shorter than the period for which

the most recent periodic payment of recompense for that

injury that has been the subject of notice under this Division

was made.

Note:

Failure to give notice as required by this subsection may result in the

person incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Schedule 4 Notice of payments of recompense for personal injuries

42 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Notice of final periodic payment

(3) At least 14 days before a person makes a periodic payment of

recompense for a personal injury, the person must give the

Secretary notice, in a form approved by the Secretary, of the

proposed payment if it is reasonable to expect that it will be the last

periodic payment by the person of recompense for the injury.

Note:

Failure to give notice as required by this subsection may result in the

person incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Alternative operations of subsections (1), (2) and (3)

(4) Subsections (1), (2) and (3) also have the effect they would have if

each reference in those subsections to payment were limited to

payment:

(a) by a person (the payer) in Australia who is described in

column 1 of any of the items of the table; and

(b) to, at the request or direction of or on behalf of a person (the

payee) in or out of Australia who is described in column 2 of

that item; and

Payment covered by alternative operation of subsections (1), (2) and (3)

Column

Payer

Column 2

Payee

Column 3

Circumstances

1 A corporation to which

section 51(xx) of the

Constitution applies

Anyone Any

circumstances

2 An insurer

Anyone

Payment is under a

contract of insurance

3 Anyone

Person who claims or

receives a compensation

affected payment at any

time between:

(a) the injury first

becoming apparent or,

if it was caused by an

accident, the accident

occurring; and

(b) the payment being

Any circumstances

Notice of payments of recompense for personal injuries Schedule 4

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Payment covered by alternative operation of subsections (1), (2) and (3)

Column

Payer

Column 2

Payee

Column 3

Circumstances

made

4 Anyone Anyone

Payment

affects:

(a) the payability of a

compensation

affected payment to

the payee or someone

else; or

(b) the amount of

compensation

affected payment

payable to the payee

or someone else

5 Anyone

Anyone

The payer or the payee is

in a Territory or the

payment is of

recompense for personal

injury suffered in a

Territory

(5) Subsection (4) does not limit the effect of subsections (1), (2) and

(3).

(6) This section does not apply to the extent that it is a law with

respect to State insurance other than State insurance extending

beyond the limits of the State concerned.

(7) In this section:

State insurance has the same meaning as in paragraph 51(xiv) of

the Constitution.

1167B Notice by insurer liable to indemnify payer

Notice of one-off payment or initial periodic payment

(1) At least 14 days before a person makes any of the following

payments, an insurer liable under a contract of insurance to

indemnify the person for the payment must give the Secretary

Schedule 4 Notice of payments of recompense for personal injuries

44 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

notice, in a form approved by the Secretary, of the proposed

payment:

(a) a payment of a lump sum of recompense for a personal

injury;

(b) the first payment of a number of periodic payments of

recompense for a personal injury;

injury.

Note:

Failure to give notice as required by this subsection may result in the

insurer incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Notice of change of periodic payments

(2) At least 14 days before a person makes a periodic payment of

recompense for a personal injury, an insurer liable under a contract

of insurance to indemnify the person for the payment must give the

Secretary notice, in a form approved by the Secretary, of the

proposed payment if:

(a) it is of an amount different from the amount of the most

recent periodic payment of recompense for that injury that

has been the subject of notice under this Division; or

(b) it is for a period longer or shorter than the period for which

the most recent periodic payment of recompense for that

injury that has been the subject of notice under this Division

was made.

Note:

Failure to give notice as required by this subsection may result in the

insurer incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Notice of final periodic payment

(3) At least 14 days before a person makes a periodic payment of

recompense for a personal injury that it is reasonable to expect will

be the last periodic payment by the person of recompense for the

injury, an insurer liable under a contract of insurance to indemnify

the person for the payment must give the Secretary notice, in a

form approved by the Secretary, of the proposed payment.

Note:

Failure to give notice as required by this subsection may result in the

insurer incurring a debt due to the Commonwealth if an overpayment

of a compensation affected payment is made: see section 1184EA.

Notice of payments of recompense for personal injuries Schedule 4

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Limit on scope of this section

(4) This section does not apply to the extent that it is a law with

respect to State insurance other than State insurance extending

beyond the limits of the State concerned.

Note:

This section does not require an insurer liable under a contract of

insurance to indemnify a person for a payment to give notice of the

payment if the person has given notice of the payment: see

section 1167D.

(5) In this section:

State insurance has the same meaning as in paragraph 51(xiv) of

the Constitution.

1167C Content of notices

(1) For the purposes of this Division, the Secretary may approve forms

of notice of proposed payment of recompense for a personal injury

that require the provision of personal information about either or

both of the following:

(a) the person who suffered the injury;

(b) any person to whom, at whose request or on whose behalf the

payment is proposed to be made.

(2) The Secretary may approve different forms of notice for different

kinds of proposed payments of recompense for personal injuries.

(3) The Secretary may approve a form of notice of a proposed periodic

payment of recompense for a personal injury that requires the

provision of information about other periodic payments, or

proposed periodic payments, of recompense for the injury.

1167D Duplicate notice of payment not required

Payer need not notify if indemnifying insurer has

(1) Section 1167A does not require a person to give notice of a

proposed payment if an insurer liable under a contract of insurance

to indemnify the person for the payment has given notice under

section 1167B of the proposed payment.

Schedule 4 Notice of payments of recompense for personal injuries

46 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Indemnifying insurer need not notify if payer has

(2) Section 1167B does not require an insurer liable under a contract

of insurance to indemnify a person for a payment to give notice of

the proposed payment if the person has given notice under

section 1167A of the proposed payment.

7 Before section 1184F

Insert:

1184EA Liability for overpayment of compensation affected

payment attributable to failure to notify

(1) This section applies if:

(a) a person fails to give notice as required by section 1167A or

1167B; and

(b) one or more payments of one or more compensation affected

payments are made (before, on or after the failure to give

notice); and

a nil amount) of those compensation affected payments that it

is reasonable to suppose would have been payable if the

person had given notice as required.

(2) The excess is a debt due by the person to the Commonwealth.

Note:

Section 1229 requires the Secretary to give the person notice of the

debt and explains when the debt is due and payable. Sections 1229A,

1229AA, 1229AB, 1229B and 1229C deal with interest and

administrative charge on the debt if it is not paid. Section 1230C and

Part 5.3 provide for recovery of the debt.

1184EB Payment of debt created by section 1184EA

Effect of payment of debt created by section 1184EA

(1) A payment of an amount of a debt due by a person (the

section 1184EA debtor) under section 1184EA relating to one or

more payments of compensation affected payments also discharges

that amount of:

(a) a debt due by another person under that section in relation to

the same payments of compensation affected payments; and

Notice of payments of recompense for personal injuries Schedule 4

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

(b) a debt due by the section 1184EA debtor or another person

under this Division (except section 1184EA) or Part 5.2 in

relation to the same payments of compensation affected

payments.

Other payment discharges debt created by section 1184EA

(2) The recovery of the full amount of a debt under this Division,

except section 1184EA, relating to one or more payments of

compensation affected payments discharges a debt under that

section relating to the same payments of compensation affected

payments.

8 Application of Division 2A of Part 3.14, and

sections 1184EA and 1184EB, of the Social Security Act

1991

(1)

Division 2A of Part 3.14, and sections 1184EA and 1184EB, of the

Social Security Act 1991 apply in relation to payments of recompense

on or after the commencing day, whether the liability or decision to

make the payments was incurred or made before, on or after that day.

(2)

Subitems (3) and (4) apply if one or more periodic payments of

recompense for a personal injury were made before the commencing

day and one or more periodic payments of recompense for that injury

are to be made on or after the commencing day.

(3)

Paragraphs 1167A(1)(b) and 1167B(1)(b) of the Social Security Act

1991 apply to the first of those payments to be made on or after the

commencing day as if it were the first payment of a number of periodic

payments of recompense for the injury.

(4)

If the first of the periodic payments of recompense for that injury to be

made on or after the commencing day:

(a) is of an amount different from the amount of the last periodic

payment of recompense for that injury made before the

commencing day; or

(b) is for a period longer or shorter than the period for which the

last periodic payment of recompense for that injury made

before the commencing day was made;

Schedule 4 Notice of payments of recompense for personal injuries

48 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

subsections 1167A(2) and 1167B(2) of the Social Security Act 1991

apply to the first of those payments to be made on or after the

commencing day as if the last periodic payment of recompense for that

injury made before the commencing day had been the subject of notice

under Division 2A of Part 3.14 of that Act.

(5)

In this item, commencing day means the later of:

(a) the day on which this Schedule commences; and

(b) 1 October 2011.

9 Subsection 1184K(1)

After "compensation", insert "or recompense".

10 After paragraph 1222(1)(b)

Insert:

(baa) debts owed to the Commonwealth under section 1184EA;

and

11 Subsection 1222(2) (after table item 1)

Insert:

1A 1184EA

(debt for failure to give

notice of recompense

payment)

legal proceedings

garnishee notice

1232

1233

12 Section 1230B

After "Sections", insert "1184EA,".

13 After subsection 1230C(3)

Insert:

(3A) A debt due to the Commonwealth under section 1184EA is

recoverable by the Commonwealth by either or both of the

following means:

(a)

legal

proceedings;

(b)

garnishee

notice.

Other amendments Schedule 5

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Schedule 5--Other amendments

A New Tax System (Family Assistance) Act 1999

1 Paragraph 36(2)(ab)

Repeal the paragraph, substitute:

(ab)

either:

(i) the individual is the primary carer of the child at any

time within the period of 26 weeks starting on the day

of the child's birth; or

(ii) the individual is a member of a couple at any time

within the period of 26 weeks starting on the day of the

child's birth and the individual's partner is the primary

carer of the child at that time; and

2 Paragraph 36(2)(d)

Omit "day of the child's birth", substitute "first day on which

paragraph (ab) applies".

3 Paragraphs 36(3)(b) and (c)

Repeal the paragraphs, substitute:

(b)

either:

(i) the child is entrusted to the care of the individual at any

time within the period of 26 weeks starting on the day

of the child's birth; or

(ii) the individual is a member of a couple at any time

within the period of 26 weeks starting on the day of the

child's birth and the child is entrusted to the care of the

individual's partner at that time; and

(c)

either:

(i) the individual is the primary carer of the child at any

time within the period of 26 weeks starting on the day

of the child's birth; or

(ii) the individual is a member of a couple at any time

within the period of 26 weeks starting on the day of the

child's birth and the individual's partner is the primary

carer of the child at that time; and

Schedule 5 Other amendments

50 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

Note:

The heading to subsection 36(3) is altered by adding at the end "or individual's

partner".

4 Paragraph 36(3)(e)

Omit "day the child is entrusted to care as mentioned in paragraph (b)",

substitute "first day on which paragraph (c) applies".

5 Paragraph 36(5)(bc)

Repeal the paragraph, substitute:

(bc)

either:

(i) the individual is the primary carer of the child at any

time within the period of 26 weeks starting on the day

the child is entrusted to the care of the individual; or

(ii) the individual is a member of a couple at any time

within the period of 26 weeks starting on the day the

child is entrusted to the care of the individual and the

individual's partner is the primary carer of the child at

that time; and

6 Paragraph 36(5)(d)

Omit "day the child is entrusted to the care of the individual", substitute

"first day on which paragraph (bc) applies".

7 Application--baby bonus

The amendments made by items 1 to 6 apply in relation to claims for

payment of baby bonus that are made on or after the commencement of

those items.

8 Clause 4 of Schedule 1

Omit "maximum rate", substitute "Method 2 base rate".

9 Clause 24N of Schedule 1

Omit "step 3", substitute "step 4".

10 Clause 25 of Schedule 1 (method statement, step 1)

Omit "maximum rate", substitute "Method 2 base rate".

11 Clause 25 of Schedule 1 (method statement, step 2)

Omit "maximum rate", substitute "Method 2 base rate".

Other amendments Schedule 5

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

12 Clause 25 of Schedule 1 (method statement, step 3)

Repeal the step, substitute:

Step 3. Work out the rate that would be the individual's income

and maintenance tested rate under step 3 of the method

statement in clause 3 if the individual's Part A rate were

to be calculated using Part 2 (but disregarding

clause 24G): the result is the individual's Method 2

income and maintenance tested rate.

Step 4. The individual's Part A rate is:

(a)

the individual's provisional Part A rate if it is equal

to or greater than the individual's Method 2

income and maintenance tested rate; or

(b)

the individual's Method 2 income and maintenance

tested rate if it is greater than the individual's

provisional Part A rate.

13 Clause 34 of Schedule 1

Omit "or 25", substitute ", or an individual's Method 2 base rate under

clause 25,".

14 Subclause 36(1) of Schedule 1

Omit "or 25", substitute ", or an individual's Method 2 base rate under

clause 25,".

15 Subclauses 38A(1) and (4) of Schedule 1

Omit "or 25", substitute ", or an individual's Method 2 base rate under

clause 25,".

16 At the end of clause 38C of Schedule 1

Add:

(3) Paragraph (2)(c) does not apply if, at the time the claim for

payment of family tax benefit for a past period is made, subsection

32AE(2) of the Family Assistance Administration Act applies in

Schedule 5 Other amendments

52 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

respect of the individual or subsection 32AE(5) of that Act applies

in respect of the individual's partner.

17 Application--rent assistance

The amendment made by item 16 applies in relation to claims for

payment of family tax benefit for a past period that are made on or after

the commencement of that item.

18 At the end of clause 7 of Schedule 3

Add:

; and (k) if the payment is a payment under the Social Security Act

1991--does not include tax-exempt pension supplement

(within the meaning of subsection 20A(6) of that Act); and

(l) if the payment is a payment under the Veterans' Entitlements

Act 1986--does not include tax-exempt pension supplement

(within the meaning of subsection 5GA(5) of that Act).

A New Tax System (Family Assistance) (Administration) Act

1999

19 Subsection 10(5)

Omit "subsection 32AE(2) or (3) applies in respect of the claimant or

the claimant's partner", substitute "subsection 32AE(2) applies in

respect of the claimant or subsection 32AE(5) applies in respect of the

claimant's partner".

20 At the end of paragraph 31E(1)(b)

Add:

; (vii) the determination ceases to be in force in the income

year and another determination comes into force in that

income year under which the claimant is entitled to be

paid family tax benefit by instalment or family tax

benefit for a past period that falls wholly within that

income year.

Note:

The heading to section 31E is altered by omitting "payable by instalment".

21 Subsection 31E(2) (method statement, at the end of step

Add:

Other amendments Schedule 5

Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

; or (g)

if subparagraph (1)(b)(vii) applies--the estimate of

the claimant's adjusted taxable income for the

income year, and the estimate of the claimant's

maintenance income in that income year, that were

used in determining the claimant's rate of family

tax benefit under the other determination referred

to in that subparagraph.

22 Subsection 31E(2) (method statement, at the end of step

Add ", and rounding the result of the division to the nearest cent

(rounding 0.5 cents upwards)".

23 Subsection 31E(3)

After "vary the", insert "applicable".

24 After subsection 31E(3)

Insert:

(3A) For the purposes of subsection (3), the applicable determination is:

(a) if subparagraph (1)(b)(i), (ii), (iii), (iv), (v) or (vi) applies--

the determination referred to in paragraph (1)(a); or

(b) if subparagraph (1)(b)(vii) applies--the other determination

referred to in that subparagraph.

25 Subsection 31E(5) (at the end of the definition of

applicable day)

Add:

; and (c) if subparagraph (1)(b)(vii) applies--the first day in the

income year for which the claimant's entitlement to be paid

family tax benefit arose under the other determination

referred to in that subparagraph.

26 Paragraph 39(1A)(a)

After "section 36A", insert "of the Family Assistance Act".

27 Paragraph 39(1A)(a)

After "subsection 36A(3)", insert "of that Act".

Schedule 5 Other amendments

54 Families, Housing, Community Services and Indigenous Affairs and Other Legislation

Amendment (Further Election Commitments and Other Measures) Bill 2011 No. , 2011

28 Paragraph 66(2)(a)

Omit "23(4),".

29 Paragraph 66(2)(a)

Omit "a person's family assistance to someone else on behalf of the

person", substitute "child care benefit in a different way".

30 After paragraph 66(2)(cc)

Insert:

(cd) Division 3 of Part 8B (about payments to payment nominee);

and

31 Section 103

Repeal the section.

Child Support (Assessment) Act 1989

32 Subsection 5(1) (at the end of the definition of tax free

pension or benefit)

Add:

; and (j) if the payment is a payment under the Social Security Act

1991--does not include tax-exempt pension supplement

(within the meaning of subsection 20A(6) of that Act); and

(k) if the payment is a payment under the Veterans' Entitlements

Act 1986--does not include tax-exempt pension supplement

(within the meaning of subsection 5GA(5) of that Act).

Commonwealth of Australia Bills

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (FURTHER ELECTION COMMITMENTS AND OTHER MEASURES) BILL 2011