When a person satisfies the means test
24 When a person satisfies the means test
Basic rule
For the purposes of section 23, a person satisfies the means test at a particular time if, at that time:
the person is receiving a payment under the ABSTUDY scheme, or another person is receiving such a payment in respect of the person; or
the person is receiving youth allowance; or
the person is an FTB(A) person; or
the person is included in a class of persons specified in the Dental Benefits Rules as satisfying the means test for the purposes of this paragraph.
When a person is an FTB(A) person
A person is an FTB(A) person at a particular time if, at that time:
there is in force a section 16 determination that the person, or the person’s partner, is entitled to be paid family tax benefit at a Part A rate that is greater than nil; or
there is in force a section 16 determination that an FTB recipient in relation to the person is entitled to be paid family tax benefit in respect of the person at a Part A rate that is greater than nil; or
the person, or the person’s partner, has received an FTB lump sum payment in respect of the last income year ending before the start of the calendar year during which the time occurs; or
an FTB recipient in relation to the person has received an FTB lump sum payment that is:
in respect of the person; and
in respect of the last income year ending before the start of the calendar year during which the time occurs; or
the person is included in a class of person specified in the Dental Benefits Rules to be an FTB(A) person for the purposes of this paragraph.
Definitions
In this section:
approved care organisation has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
FTB child, in relation to family tax benefit, has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
FTB lump sum payment means a payment of family tax benefit under section 24 of the A New Tax System (Family Assistance) (Administration) Act 1999 that has a Part A rate that is greater than nil.
FTB recipient, in relation to a person (the child), means:
a person of whom the child is an FTB child in relation to family tax benefit; or
an approved care organisation of which the child is a client (within the meaning of the A New Tax System (Family Assistance) Act 1999).
income year has the same meaning as in subsection 3(1) of the A New Tax System (Family Assistance) Act 1999.
Part A rate means the Part A rate calculated under the A New Tax System (Family Assistance) Act 1999.
partner has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
receive:
in relation to a payment under the ABSTUDY scheme—has the meaning given by subsection (4); and
in relation to youth allowance—has the same meaning as in section 23 of the Social Security Act 1991.
section 16 determination means a determination under section 16 of the A New Tax System (Family Assistance) (Administration) Act 1999.
When a person is receiving ABSTUDY
For the purposes of this section, a person is taken to be receiving a payment under the ABSTUDY scheme:
from the earliest day on which the payment is payable to the person, even if an instalment of the payment, or the payment, it is not paid until a later day; and
until the latest day on which the payment is payable to the person, even if the last instalment of the payment, or the payment, is not paid until a later day.
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