Commonwealth Numbered Regulations

1995 No. 382 INCOME TAX REGULATIONS (AMENDMENT) - REG 4

4.1 After subregulation 152 (3), insert:

"(3A) Despite subregulations (2) and (3), if a taxpayer's assessable income
for the 1994-95 income year includes an amount paid as a YTA rebatable
benefit, then, in calculating, for the purposes of this regulation:

   (a)  the taxpayer's rebate threshold for that year of income, under
        subregulation (2); and

   (b)  the taxpayer's rebate amount for that year of income, under
        subregulation (3); the tax-free threshold is to be taken as one half
        of the amount that it would have been but for this subregulation.".

4.2 Paragraph 152 (4) (a): Omit the paragraph, substitute:

"(a) if paragraph (5) (n) applies to the taxpayer-the amount specified in
subsection 159J (2) of the Act in respect of a person included in class 1;
or".

4.3 Paragraph 152 (4) (ab): Omit the paragraph, substitute:

"(ab) if both subsection 159K (2) of the Act and paragraph (5) (k) apply to
the taxpayer-the amount (if any) to which the taxpayer is entitled because of
the operation of subsection 159K (2);".

4.4 After paragraph 152 (4) (ab), insert:

"(ac) if paragraph (5) (u) applies to the taxpayer-the amount specified in
subsection 159J (2) of the Act in respect of a person included in class 1; or

   (ad) if:

        (i)    paragraph (5) (v) applies to the taxpayer; and

        (ii)   the relevant year of income is the 1994-95 year of income:
the amount of $298; or".

4.5 Paragraph 152 (5) (j): Omit "over-21", substitute "21 and over".

4.6 Subregulation 152 (5): Add at the end:

"; (m) in the case of a taxpayer whose assessable income in the 1994-95 year
of income includes an amount paid as an ABSTUDY independent-rate
benefit-$9,266, being the amount that would have been included in the
taxpayer's assessable income of that year of income if the taxpayer had
received the benefit throughout that year;

   (n)  in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as an ABSTUDY dependent partner-rate
        benefit-$15,846, being the amount that would have been included in the
        taxpayer's assessable income of that year of income if the taxpayer
        had received the benefit throughout that year;

   (o)  in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as an adult ABSTUDY partnered
        half-rate benefit-$9,266, being the amount that would have been
        included in the taxpayer's assessable income of that year of income if
        the taxpayer had received the benefit throughout that year;

   (p)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as an adult ABSTUDY partnered parent
        half-rate benefit-the amount that would have been included in the
        taxpayer's assessable income of the year of income if the taxpayer had
        received that benefit at the rate specified in item 4A of column 3A of
        Table B at point 1068-B1 of SSA91 throughout that year;

   (q)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as an 18-20 DRP at-home-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit at the rate specified in item 1 of column 3B of Table B
        at point 1068-B1 of SSA91 throughout that year;

   (r)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as an 18-20 DRP independent-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit at the rate specified in item 2 of column 3B of Table B
        at point 1068-B1 of SSA91 throughout that year;

   (s)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as an 18-20 DRP partnered-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit at the rate specified in item 6 or 8 of column 3B of
        Table B at point 1068-B1 of SSA91 throughout that year;

   (t)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as a 21 and over DRP single-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit at the rate specified in item 4 of column 3B of Table B
        at point 1068-B1 of SSA91 throughout that year;

   (u)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as a DRP partnered-rate benefit-the
        amount that would have been included in the taxpayer's assessable
        income of the year of income if the taxpayer had received that benefit
        at double the rate specified in item 7 of column 3B of Table B at
        point 1068-B1 of SSA91 throughout that year;

   (v)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as a DRP dependent partner-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit at double the rate specified in item 6 or 7 of column 3A
        of Table B at point 1068-B1 of SSA91 throughout that year;

   (w)  in the case of a taxpayer whose assessable income in the year of
        income includes an amount paid as a DRP illness-separated-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of the year of income if the taxpayer had received
        that benefit throughout that year at double the rate specified in:

        (i)    item 8 of column 3A of Table B at point 1068-B1 of SSA91; or

        (ii)   item 9 of column 3A of that Table; or

        (iii)  item 9 of column 3B of that Table;

   (x)  in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as an illness-separated partner-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of that year of income if the taxpayer had received
        that benefit, throughout the period from 20 September 1994 to 30 June
        1995 (inclusive), at the rate specified in:

        (i)    item 4 of column 3A of Table B at point 1067-B1 of SSA91; or

        (ii)   item 8 or 9 of column 3A of Table B at point 1068-B1 of SSA91;
               or

        (iii)  item 9 of column 3B of Table B at point 1068-B1 of SSA91;

   (y)  in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a partner allowance-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of that year of income if the taxpayer had received
        that benefit, throughout the period from 20 September 1994 to 30 June
        1995 (inclusive), at the rate specified in:

        (i)    item 3 of column 3A of Table B at point 1067-B1 of SSA91; or

        (ii)   item 6 or 7 of column 3A of Table B at point 1068-B1 of SSA91;
               or

        (iii)  item 7 of column 3B of Table B at point 1068-B1 of SSA91;

   (z)  in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a YTA at-home-rate benefit-the
        amount that would have been included in the taxpayer's assessable
        income of that year of income if the taxpayer had received that
        benefit, throughout the period from 1 January 1995 to 30 June 1995
        (inclusive), at the rate specified in item 1 of column 3B of Table B
        at point 1067-B1 of SSA91;

   (za) in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a YTA independent-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of that year of income if the taxpayer had received
        that benefit, throughout the period from 1 January 1995 to 30 June
        1995 (inclusive), at the rate specified in item 2 of column 3B of
        Table B at point 1067-B1 of SSA91;

   (zb) in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a YTA sole-parent-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of that year of income if the taxpayer had received
        that benefit, throughout the period from 1 January 1995 to 30 June
        1995 (inclusive), at the rate specified in item 1 or 2 of column 3A of
        Table B at point 1067-B1 of SSA91;

   (zc) in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a YTA partnered-rate benefit-the
        amount that would have been included in the taxpayer's assessable
        income of that year of income if the taxpayer had received that
        benefit, throughout the period from 1 January 1995 to 30 June 1995
        (inclusive), at the rate specified in item 3 or 4 of column 3B of
        Table B at point 1067-B1 of SSA91;

   (zd) in the case of a taxpayer whose assessable income in the 1994-95 year
        of income includes an amount paid as a YTA partnered-parent-rate
        benefit-the amount that would have been included in the taxpayer's
        assessable income of that year of income if the taxpayer had received
        that benefit, throughout the period from 1 January 1995 to 30 June
        1995 (inclusive), at the rate specified in item 3 of column 3A of
        Table B at point 1067-B1 of SSA91.".