{"id":"F2014L00192","name":"Family Tax Benefit (Entitlement Exclusion – Newborn Upfront Payment and Newborn Supplement) Determination 2014 (No. 1)","slug":"family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128394,"registerId":"commonwealth-F2014L00192-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Tax Benefit (Entitlement Exclusion – Newborn Upfront Payment and Newborn Supplement) Determination 2014 (No. 1)","content":"![](image.001.png)\n\nFamily Tax Benefit (Entitlement Exclusion – Newborn Upfront Payment and Newborn Supplement) Determination 2014 (No. 1)\n\nA New Tax System (Family Assistance) Act 1999\n\nI, KEVIN ANDREWS, Minister for Social Services, make this Determination under subclause 35A(12) of Schedule 1 to the A New Tax System (Family Assistance) Act 1999.\n\nDated: 24 February 2014\n\nKEVIN ANDREWS\n\nMinister for Social Services\n\n1 Name of Determination\n\nThis Determination is the Family Tax Benefit (Entitlement Exclusion – Newborn Upfront Payment and Newborn Supplement) Determination 2014 (No. 1)\n\n2 Commencement\n\nThis Determination commences on 1 March 2014.\n\n  \n\n3 Definitions\n\nIn this Determination:\n\n> Act means the A New Tax System (Family Assistance) Act 1999.\n\n> NBS period, in relation to an individual and an FTB child of the individual, means the day or days in which subclause 35A(2), (5) or (7) of Schedule 1 to the Act applies.\n\n> NBUP, in relation to an individual and an FTB child of the individual, means an amount of family tax benefit under section 58AA of the Act.\n\n> parental leave pay has the same meaning as in the Paid Parental Leave Act 2010.\n\n> PPL period has the same meaning as in the Paid Parental Leave Act 2010.\n\n4 Entitlement exclusion rules – Newborn supplement\n\nThe circumstances prescribed for the purposes of subclause 35A(11) of Schedule 1 to the Act are those set out in column 2 in relation to the days specified in column 3 of the table in Schedule 1 to this Determination.\n\n5 Entitlement exclusion rules – Newborn upfront payment\n\nThe circumstances prescribed for the purposes of subsection 58AA(3) of the Act are those set out in column 2 of the table in Schedule 2 to this Determination.\n\n  \n\nSchedule 1 \\- Entitlement exclusion rules for newborn supplement table\n\n| Column 1 | Column 2                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       | Column 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| -------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Item     | Circumstance in relation to an individual and an FTB child of the individual                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   | An amount of newborn supplement is not to be added for the following days in relation to an individual and an FTB child of the individual                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |\n| 1        | (a) Parental leave pay is payable to a person (the second person) other than the individual for the same FTB child; and(b) the individual and the second person are members of the same couple for:(i) if the second person’s PPL period is 13 weeks or more—less than 13 weeks of the second person’s PPL period; or(ii) if the second person’s PPL period is less than 13 weeks—part of the second person’s PPL period; and(c) the individual and the second person are members of the same couple on each day in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                               | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 2        | (a) Parental leave pay is payable to a person (the second person) other than the individual for the same FTB child; and(b) the individual and the second person are members of the same couple for:(i) if the second person’s PPL period is 13 weeks or more—less than 13 weeks of the second person’s PPL period; or(ii) if the second person’s PPL period is less than 13 weeks—part of the second person’s PPL period; and(c) the individual and the second person are members of the same couple for part of the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                  | (a) The days in the individual’s NBS period on which the individual and the second person are members of the same couple; and(b) the days (if any) in the individual’s NBS period on which the individual and the second person are not members of the same couple and occur after the end of the period that:(i) starts on the first day in the individual’s NBS period; and(ii) has the number of days equal to the difference between:(A) 91; and(B) the number of days on which the individual and the second person are members of the same couple during the second person’s PPL period.                                                                                                                                                                                                                                                    |\n| 3        | (a) Parental leave pay is payable to a person (the second person) other than the individual for the same FTB child; and(b) the individual and the second person are members of the same couple for:(i) if the second person’s PPL period is 13 weeks or more—less than 13 weeks of the second person’s PPL period; or(ii) if the second person’s PPL period is less than 13 weeks—part of the second person’s PPL period; and(c) the individual and the second person are not members of the same couple on any day in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                            | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the individual and the second person are members of the same couple during the second person’s PPL period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |\n| 4        | (a) Parental leave pay is payable to a person (the second person) other than the individual for the same FTB child; and(b) the individual and the second person are not members of the same couple on any day in the second person’s PPL period; and(c) the individual and the second person are members of the same couple on each day in the individual’s NBS period; and(d) the second person’s PPL period ends before the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                         | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 5        | (a) Parental leave pay is payable to a person (the second person) other than the individual for the same FTB child; and(b) the individual and the second person are not members of the same couple on any day in the second person’s PPL period; and(c) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(d) the second person’s PPL period ends:(i) if the individual and the second person are members of the same couple on the first day of the individual’s NBS period—before the individual’s NBS period; or(ii) if the individual and the second person are not members of the same couple on the first day of the individual’s NBS period—before the day that the individual and the second person become members of the same couple.                                                                   | The days in the individual’s NBS period on which the individual and the second person are members of the same couple.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| 6        | (a) Parental leave pay is payable to a person (the third person) other than the individual for the same FTB child; and(b) the individual and the third person are not members of the same couple on any day in the third person’s PPL period; and(c) the third person and another person (the second person) are members of the same couple for:(i) if the third person’s PPL period is 13 weeks or more—at least 13 weeks of the third person’s PPL period; or(ii) if the third person’s PPL period is less than 13 weeks—the whole of the third person’s PPL period; and(d) the individual and the second person are members of the same couple on each day of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s PPL period that the third person and the second person are members of the same couple. | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 7        | (a) Parental leave pay is payable to a person (the third person) other than the individual for the same FTB child; and(b) the individual and the third person are not members of the same couple on any day in the third person’s PPL period; and(c) the third person and another person (the second person) are members of the same couple for:(i) if the third person’s PPL period is 13 weeks or more—at least 13 weeks of the third person’s PPL period; or(ii) if the third person’s PPL period is less than 13 weeks—the whole of the third person’s PPL period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s PPL period that the third person and the second person are members of the same couple.    | The days in the individual’s NBS period on which the individual and the second person are members of the same couple.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| 8        | (a) Parental leave pay is payable to a person (the third person) other than the individual for the same FTB child; and(b) the individual and the third person are not members of the same couple on any day in the third person’s PPL period; and(c) the third person and another person (the second person) are members of the same couple for:(i) if the third person’s PPL period is 13 weeks or more—less than 13 weeks of the third person’s PPL period; or(ii) if the third person’s PPL period is less than 13 weeks—part of the third person’s PPL period; and(d) the individual and the second person are members of the same couple on each day of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s PPL period that the third person and the second person are members of the same couple.     | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and the third person are members of the same couple during the third person’s PPL period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |\n| 9        | (a) Parental leave pay is payable to a person (the third person) other than the individual for the same FTB child; and(b) the individual and the third person are not members of the same couple on any day in the third person’s PPL period; and(c) the third person and another person (the second person) are members of the same couple for:(i) if the third person’s PPL period is 13 weeks or more—less than 13 weeks of the third person’s PPL period; or(ii) if the third person’s PPL period is less than 13 weeks—part of the third person’s PPL period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s PPL period that the third person and the second person are members of the same couple.        | The days (if any) in the individual’s NBS period on which the individual and the second person are members of the same couple and occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and the third person are members of the same couple during the third person’s PPL period.                                                                                                                                                                                                                                                                                                                                                                                        |\n| 10       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for 13 weeks; and(b) the individual and the second person are members of the same couple for part of the second person’s NBS period; and(c) sections 28 and 29 of the Act do not apply during the second person’s NBS period; and(d) the individual and the second person are members of the same couple on each day of the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                        | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 11       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for 13 weeks; and(b) the individual and the second person are members of the same couple for part of the second person’s NBS period; and(c) sections 28 and 29 do not apply during the second person’s NBS period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                                      | (a) The days in the individual’s NBS period on which the individual and the second person are members of the same couple; and(b) the days (if any) in the individual’s NBS period on which the individual and the second person are not members of the same couple and occur after the end of the period that :(i) starts on the first day in the individual’s NBS period; and(ii) has the number of days equal to the difference between:(A) 91; and(B) the number of days on which the individual and the second person are members of the same couple during the second person’s NBS period.                                                                                                                                                                                                                                                   |\n| 12       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for 13 weeks; and(b) the individual and the second person are members of the same couple for part of the second person’s NBS period; and(c) sections 28 and 29 do not apply during the second person’s NBS period; and(d) the individual and the second person are not members of the same couple on any day in the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                                | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the individual and the second person are members of the same couple during the second person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |\n| 13       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for less than 13 weeks; and(b) the individual and the second person are members of the same couple for all or part of the second person’s NBS period; and(c) sections 28 and 29 do not apply during the second person’s NBS period; and(d) the individual and the second person are members of the same couple on each day in the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                  | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days in the second person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |\n| 14       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for less than 13 weeks; and(b) the individual and the second person are members of the same couple for all or part of the second person’s NBS period; and(c) sections 28 and 29 do not apply during the second person’s NBS period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                     | (a) The days (if any) in the individual’s NBS period on which the individual and the second person are members of the same couple and occur after the end of the period that:(i) starts on the first day in the individual’s NBS period; and(ii) has the number of days equal to the difference between:(A) 91; and(B) the number of days in the second person’s NBS period; and(b) the days (if any) in the individual’s NBS period on which the individual and the second person are not members of the same couple and occur after the end of the period that:(i) starts on the first day in the individual’s NBS period; and(ii) has the number of days equal to the difference between:(A) 91; and(B) the number of days on which the individual and the second person are members of the same couple during the second person’s NBS period. |\n| 15       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for less than 13 weeks; and(b) the individual and the second person are members of the same couple for all or part of the second person’s NBS period; and(c) sections 28 and 29 do not apply during the second person’s NBS period; and(d) the individual and the second person are not members of the same couple on any day in the individual’s NBS period; and(e) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                               | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the individual and the second person are members of the same couple during the second person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |\n| 16       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for 13 weeks; and(b) the individual and the second person are not members of the same couple on any day of the second person’s NBS period; and(c) the individual and the second person are members of the same couple for each day in the individual’s NBS period; and(d) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                                                                                                          | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 17       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for 13 weeks; and(b) the individual and the second person are not members of the same couple on any day of the second person’s NBS period; and(c) the individual and the second person are members of the same couple for a part of the individual’s NBS period; and(d) the second person’s NBS period ends:(i) if the individual and the second person are members of the same couple on the first day of the individual’s NBS period—before the individual’s NBS period;(ii) if the individual and the second person are not members of the same couple on the first day of the individual’s NBS period—before the day that the second person and the individual become members of the same couple.             | The days in the individual’s NBS period on which the individual and the second person are members of the same couple.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| 18       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for less than 13 weeks; and(b) the individual and the second person are not members of the same couple on any day of the second person’s NBS period; and;(c) the individual and the second person are members of the same couple for each day in the individual’s NBS period; and(d) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                                                                                                                               | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days in the second person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |\n| 19       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the second person) other than the individual for less than 13 weeks; and(b) the individual and the second person are not members of the same couple on any day of the second person’s NBS period; and(c) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(d) the second person’s NBS period ends:(i) if the individual and the second person are members of the same couple on the first day of the individual’s NBS period—before the individual’s NBS period; or(ii) if the individual and the second person are not members of the same couple on the first day of the individual’s NBS period—before the day that the individual and the second person become members of the same couple.  | The days (if any) in the individual’s NBS period on which the individual and the second person are members of the same couple and occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days in the second person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 20       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for each day in the third person’s NBS period; and(d) the individual and the second person are members of the same couple on each day in the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                                      | The days in the individual’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 21       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for each day in the third person’s NBS period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                                         | The days in the individual’s NBS period on which the individual and the second person are members of the same couple.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |\n| 22       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for part of the third person’s NBS period; and(d) the individual and the second person are members of the same couple for each day of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                                         | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and the third person are members of the same couple during the third person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |\n| 23       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for part of the third person’s NBS period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                                             | The days (if any) in the individual’s NBS period on which the individual and the second person are members of the same couple and occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and the third person are members of the same couple during the third person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                        |\n| 24       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for less than 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for all or part of the third person’s NBS period; and(d) the individual and the second person are members of the same couple on each day of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                         | The days (if any) in the individual’s NBS period which occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and the third person are members of the same couple during the third person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |\n| 25       | (a) An amount of newborn supplement for the same FTB child is added in working out the Part A rate of a person (the third person) other than the individual for less than 13 weeks; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple for all or part of the third person’s NBS period; and(d) the individual and the second person are members of the same couple for part of the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple.                                                                                                            | The days (if any) in the individual’s NBS period on which the individual and the second person are members of the same couple and occur after the end of the period that:(a) starts on the first day in the individual’s NBS period; and(b) has the number of days equal to the difference between:(i) 91; and(ii) the number of days on which the second person and third person are members of the same couple during the third person’s NBS period.                                                                                                                                                                                                                                                                                                                                                                                            |\n\n  \n\nSchedule 2 \\- Entitlement exclusion rules for NBUP table\n\n| Column 1 | Column 2                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |\n| -------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Item     | Circumstance in relation to an individual and an FTB child of the individual                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |\n| 1        | (a) A person (the second person) other than the individual has received NBUP in relation to the same FTB child; and(b) the individual and the second person are members of the same couple for at least one day of the second person’s NBS period; and(c) if the individual and the second person are members of the same couple on the first day of the second person’s NBS period—sections 28 and 29 do not apply on the first day of the second person’s NBS period; and(d) the first day of the second person’s NBS period occurs before the first day of the individual’s NBS period.                                                                                                            |\n| 2        | (a) A person (the second person) other than the individual has received NBUP in relation to the same FTB child; and(b) the individual and the second person are not members of the same couple on any day in the second person’s NBS period; and(c) the individual and the second person are members of the same couple for each day of the individual’s NBS period; and(d) the second person’s NBS period ends before the individual’s NBS period starts.                                                                                                                                                                                                                                            |\n| 3        | (a) A person (the third person) other than the individual has received NBUP in relation to the same FTB child; and(b) the individual and the third person are not members of the same couple on any day in the third person’s NBS period; and(c) the third person and another person (the second person) are members of the same couple on at least one day in the third person’s NBS period; and(d) the individual and the second person are members of the same couple on each day in the individual’s NBS period; and(e) the individual’s NBS period starts later than the latest day in the third person’s NBS period that the third person and the second person are members of the same couple. |","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1922},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The determination remains tightly focused on its stated purpose of setting entitlement exclusion rules for newborn payments. While it covers numerous edge cases (separations, repartnering, overlapping claims), these are necessary implementations of the core anti-double-dipping policy rather than scope expansion."},"complexity_factors":["25 distinct exclusion scenarios in Schedule 1 with nested conditional logic","Multi-party relationship tracking (individual, second person, third person)","Mathematical calculations for exclusion periods (91-day offsets minus days as a couple)","Cross-references to two other Acts (Family Assistance Act 1999 and Paid Parental Leave Act 2010)","Temporal complexity requiring tracking of overlapping NBS periods, PPL periods, and relationship dates","8 defined terms importing concepts from primary legislation"],"plain_english_summary":"This law stops \"double‑dipping\" on newborn payments by preventing more than one person from receiving the Newborn Supplement or Newborn Upfront Payment for the same baby. It affects families getting Family Tax Benefit—especially separated/shared‑care parents, new partners, and people receiving Paid Parental Leave.\n\nIt sets rules to refuse a payment when another person has already claimed for that child and coordinates with Paid Parental Leave so both benefits can't be paid for the same period."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Determination implements the prescribing power in subclause 35A(12) and subsection 58AA(3) by setting specific circumstances for entitlement exclusion. The instrument, on its face, prescribes particulars for applying existing statutory exclusions rather than altering or expanding the statutory scheme itself."},"complexity_factors":["High number of conditional permutations across Schedule 1 (25 items) and Schedule 2 (3 items) creating many case distinctions.","Multiple actors and relationship roles: individual, second person, third person, and 'another person', with couple‑status tests in different periods.","Cross‑references to the Act: subclause 35A(11) and (12) and section 58AA(3), requiring alignment with statutory definitions and thresholds.","Day‑counting and sequencing rules, including 91‑day difference calculations and ‘starts later than’/‘ends before’ temporal tests.","Interplay between Paid Parental Leave (PPL) periods, NBS (newborn supplement) periods and NBUP (newborn upfront payment) periods — overlapping and non‑overlapping scenarios matter.","Administrative verification burden for agencies and claimants to prove exact dates of PPL/NBS/NBUP and couple status for each day.","Precision required for borderline cases (single‑day differences change entitlement), increasing dispute and compliance risk.","Limited textual discretion: instrument prescribes granular circumstances rather than high‑level principles, so small factual differences change outcomes."],"plain_english_summary":"This Determination prescribes when days must be excluded from a parent's newborn supplement or newborn upfront payment because another person receives parental leave pay or NBUP for the same child. It applies to Family Tax Benefit claimants: the department will reduce or withhold parts of newborn payments according to detailed timing, couple‑status and overlap rules (Schedules 1–2; subclause 35A(11–12); s58AA(3)). Applying it requires accurate records of PPL/NBS/NBUP dates and couple status, creating verification and timing obligations for claimants."}},"importantCases":[],"_links":{"self":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio","history":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio/history","analysis":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio/analysis","conflicts":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio/conflicts","importantCases":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio/important-cases","documents":"/api/acts/family-tax-benefit-entitlement-exclusion-newborn-upfront-payment-and-newborn-supplement-determinatio/documents"}}