Reviews of percentages of care under child support law apply for family assistance purposes
35U Reviews of percentages of care under child support law apply for family assistance purposes
Subject to subsections (2) and (3), if:
the Child Support Registrar considers an objection to a decision under Part VII of the Child Support (Registration and Collection) Act 1988; and
considering the objection involves (wholly or partly) a consideration of a determination that:
was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or
has effect, under section 54K of that Act, as if it were a determination made under such a provision; and
the Child Support Registrar’s decision on the objection has the effect of varying the determination or substituting a new determination;
section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
Subject to subsection (3), if:
the SSAT reviews a decision under Part VIIA of the Child Support (Registration and Collection) Act 1988; and
reviewing the decision involves (wholly or partly) a review of a determination that:
was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or
has effect, under section 54K of that Act, as if it were a determination made under such a provision; and
the SSAT’s decision on the review has the effect of varying the determination or substituting a new determination;
section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
If:
the AAT reviews a decision under the AAT Act; and
reviewing the decision involves (wholly or partly) a review of a determination that:
was made under a provision of Subdivision B of Division 4 of Part 5 of the Child Support (Assessment) Act 1989; or
has effect, under section 54K of that Act, as if it were a determination made under such a provision; and
the AAT’s decision on the review has the effect of varying the determination or substituting a new determination;
section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.
19 Paragraph 59(1)(a)
Repeal the paragraph, substitute:
the Secretary has determined the individual’s percentage of care for the child during a care period; and
20 Subsection 59(1) (note)
Repeal the note, substitute:
Paragraph 27(2)(b) deals with the percentage of care in a blended family case.
21 Subsection 59(2) (table, heading to Column 1)
Omit “determined under subsection 22(6A)”, substitute “of care”.
A New Tax System (Family Assistance) (Administration) Act 1999
22 Subsection 3(1)
Insert:
care percentage decision means a decision to the extent that the decision involves (wholly or partly):
a determination of an individual’s percentage of care for a child that was made, under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act, in relation to a claim for payment of family tax benefit; or
a determination relating to an individual that has effect, under section 35T of that Act, as if it were a determination made under such a provision.
23 After subsection 105(4)
Insert:
If:
the review involves (wholly or partly) a review of an original decision that is a care percentage decision; and
a consideration of an objection to a decision carried out under Part VII of the Child Support (Registration and Collection) Act 1988 has involved (wholly or partly) the consideration of the determination to which the care percentage decision relates;
the Secretary must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.
24 Subsection 109A(1)
Repeal the subsection, substitute:
A person affected by a decision (the original decision):
that is not a care percentage decision; and
that, under section 108, must be reviewed under this section;
may apply to the Secretary for review of the original decision.
If an application is made under this section for review of a decision about a person’s entitlement to child care benefit, and a decision has also been made about the person’s entitlement to child care rebate, that decision about rebate may be automatically reviewed: see Division 5.
A person affected by a decision (the original decision):
that is a care percentage decision; and
that, under section 108, must be reviewed under this section;
may apply to the Secretary, or the Child Support Registrar, for review of the original decision.
25 Subsection 109A(2)
Omit “does so”, substitute “makes an application under subsection (1) or (1A)”.
26 After subsection 109A(2)
Insert:
If:
the review involves (wholly or partly) a review of an original decision that is a care percentage decision; and
a consideration of an objection to a decision carried out under Part VII of the Child Support (Registration and Collection) Act 1988 has involved (wholly or partly) the consideration of the determination to which the care percentage decision relates;
the Secretary must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.
27 Paragraph 109A(4)(a)
Omit “Secretary for review of a decision under subsection (1)”, substitute “Secretary or Child Support Registrar for review of a decision under subsection (1) or (1A)”.
28 Subsection 109A(4)
Omit “Secretary for review of the decision under subsection (1)”, substitute “Secretary or Child Support Registrar for review of the decision under that subsection”.
29 Subsections 109D(1), (2), (3) and (4)
Omit “subsection 109A(1)”, substitute “section 109A”.
30 Paragraph 109E(1)(a)
Omit “to the Secretary, under subsection 109A(1),”, substitute “under section 109A”.
31 Subsections 109E(2) and (3)
Omit “subsection 109A(1)”, substitute “section 109A”.
32 Paragraphs 109G(1)(c) and (2)(c)
Omit “to the Secretary”.
33 Paragraph 111(2)(d)
Omit “or 157 (Secretary requiring”, substitute “, 157 or 159A (Secretary requiring or requesting”.
34 Subsection 111(3) (definition of decision reviewer)
Omit “subsection 109A(1)”, substitute “section 109A”.
35 After subsection 113(1)
Insert:
If:
the review involves (wholly or partly) a review of a decision (the original decision) that is a care percentage decision; and
a review of a decision carried out under Part VIIA of the Child Support (Registration and Collection) Act 1988 has involved (wholly or partly) a review of the determination to which the care percentage decision relates;
the SSAT must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.
36 At the end of section 142
Add:
If:
the decision reviewed by the SSAT is a care percentage decision; and
a review of a decision carried out by the AAT under the Administrative Appeals Tribunal Act 1975 has involved (wholly or partly) a review of the determination to which the care percentage decision relates;
then, despite section 43 of that Act, the AAT must not vary the decision made by the SSAT, or set that decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.
37 At the end of Part 5
Add:
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