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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 119
Additional rules in the case of family allowance
- (1)
- If:
- (a)
- a determination of a person's rate of family allowance is made; and
- (b)
- in working out the rate of family allowance, regard is had to the person's
income for a tax year; and
- (c)
- the income to which regard is had includes an amount of taxable income
assessed by the Commissioner; and
- (d)
- the assessment is subsequently amended by:
- (i)
- the Commissioner of Taxation; or
- (ii)
- a tribunal; or
- (iii)
- a court; and
- (e)
- the income for that year (including the taxable income according to the
assessment as amended) is more than 110% of the amount of the income on which
the earlier determination was based; and
- (f)
- the Secretary makes a determination (the later determination ) varying the
person's rate of family allowance to give effect to the recalculation required
by section 884 of the 1991 Act;
the later determination takes effect on the day on which the earlier
determination took effect.
- (2)
- If:
- (a)
- the Secretary makes a determination (the earlier determination ) of a
person's rate of family allowance; and
- (b)
- in making the determination, the Secretary has regard to the person's
income for a tax year; and
- (c)
- the income to which regard is had includes an amount or amounts estimated
by the person; and
- (d)
- the person's income for the tax year is more than 110% of the amount of
the income on which the earlier determination was based; and
- (e)
- the Secretary makes a determination (the later determination ) varying the
person's rate of family allowance, or cancelling the person's family
allowance, to give effect to the recalculation required by section 885 of the
1991 Act;
the later determination takes effect on the day on which the earlier
determination took effect.
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