Commonwealth Numbered Acts Commonwealth Numbered ActsA New Tax System (Family Assistance) Act 1999
1Omit "not more than 26 weeks of age", substitute "aged under 2".
Insert:
(ba) if the child arrives in Australia from overseas as part of the process for the adoption of the child—the child is aged under 2 when the child arrives in Australia; and
A New Tax System (Family Assistance) (Administration) Act 1999
Repeal the paragraph, substitute:
(b) if the circumstances covered by the
claim involve eligibility under subsection 36(5) of the Family Assistance Act
and the child mentioned in that subsection arrives in Australia from overseas
as part of the process for the adoption of the child—the time the child
arrives in Australia; or
(c) if the circumstances covered by the claim involve eligibility under
subsection 36(5) of the Family Assistance Act and the child mentioned
in that subsection does not arrive in Australia from overseas as part
of the process for the adoption of the child—the time the child
is entrusted to the care of the claimant.
In this Part:
"commencement" means the commencement of the amendments made by
Part 1 of this Schedule.
The amendments made by Part 1 of this Schedule apply in relation to any child:
(a) who is, as part of the process for the adoption of the child by an
individual, entrusted to the care of the individual on or after 1 July
2004; and
(b) in respect of whom maternity payment has not already been paid.
(1) This item applies to a claim for payment of maternity payment in normal circumstances if:
(a) before commencement, a child is entrusted to the care
of the claimant, as part of the process for the adoption of the child by the
claimant; and
(b) if the child arrives in Australia from overseas as part of the process
for the adoption—the child arrives in Australia before
commencement.
(2) Paragraphs 39(2)(b) and (c) of the
A New Tax System (Family Assistance) (Administration) Act 1999 do not
apply in relation to the claim.
(3) The claim is not effective if
made later than 26 weeks after commencement.
(4) The reference in
subsection 39(3) of the A New Tax System (Family Assistance)
(Administration) Act 1999 to the period of 26 weeks mentioned in
subsection (2) is taken to be a reference to the period of 26
weeks mentioned in subitem (3).
(1) An individual is not eligible for maternity payment in respect of a child if:
(a) after this item commences, the child is entrusted to the individual's
care, as part of the process for the adoption of the child by the individual;
and
(b) maternity allowance has been paid to any person in respect of the
child.
(2) In this item:
maternity allowance means maternity allowance under Division 2 of Part 3 of the A New Tax System (Family Assistance) Act 1999 , as in force before item 1 of Schedule 2 to the Family Assistance Legislation Amendment (More Help for Families—Increased Payments) Act 2004 commenced.