{"id":"F2017L01081","name":"Health Insurance (FTB(A) Family Determination 2017","slug":"health-insurance-ftb-a-family-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439309,"registerId":"F2017L01081-fast-fetch-1775955383325","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Insurance (FTB(A) Family Determination 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nHealth Insurance (FTB(A) Family) Determination 2017\n\nHealth Insurance Act 1973\n\n \n\nI, GREG HUNT, Minister for Health, make this Determination under subsection 8A(1) of the Health Insurance Act 1973.\n\n \n\nDated 15 August 2017\n\n \n\nGreg Hunt\n\n \n\nMinister for Health\n\n \n\nContents\n\n1 Name of Determination\n\n2 Commencement\n\n3 Definitions\n\n4 Purpose\n\n5 Instalments of family tax benefit deferred\n\n6 Notional overpayment due to revised income  estimate\n\n7 Non-payment of family tax benefit payments due to  non‑lodgement of tax return\n\n8 Single payment of family tax benefit following review\n\n9 Family tax benefit not payable because of debt or  liability\n\n10 Family tax benefit paid to payment nominee\n\n11 Regular care children\n\n12 Regular care children — past periods\n\n13 Repeal\n\n \n\n \n\n \n\n# 1 Name of Determination\n\n \n\nThis Determination is the Health Insurance (FTB(A) Family Determination 2017.\n\n# 2 Commencement\n\n  This Determination commences on the date after it is registered on the Federal Register of Legislation.\n\n# 3 Definitions\n\n  In this Determination:\n\nAct means the Health Insurance Act 1973.\n\nadjusted taxable income has the meaning given by subsection 3(1) of the Family Assistance Act.\n\nentitled to be paid family tax benefit by instalment has the meaning given by subsection 3 (1) of the Family Assistance Administration Act.\n\nFamily Assistance Act means the A New Tax System (Family Assistance) Act 1999.\n\nFamily Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\nfamily tax benefit has the meaning given by subsection 3(1) of the Family Assistance Act.\n\nFTB(A) family means an FTB(A) family for the purposes of paragraph (c) of the definition of FTB(A) family in subsection 8(1A) of the Act.\n\nincome year has the meaning given by subsection 3(1) of the Family Assistance Act.\n\ninstalment amount has the meaning given by subsection 3(1) of the Family Assistance Administration Act.\n\nmaintenance income has the meaning given by subsection 3(1) of the Family Assistance Act.\n\nregistered family has the meaning given by subsection 8(1A) of the Act.\n\nregular care child has the meaning given by subsection 3(1) of the Family Assistance Act.\n\nSecretary has the meaning given by subsection 3(1) of the Family Assistance Administration Act.\n\nyear means a calendar year.\n\n# 4 Purpose\n\n  This Determination sets out the conditions that must be satisfied for a registered family to be an FTB(A) family for the purposes of paragraph (c) of the definition of FTB(A) family in subsection 8(1A) of the Act.\n\n# 5 Instalments of family tax benefit deferred\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act; and\n\n (b) the Secretary determines, under section 16 of the Family Assistance Administration Act, that the member is entitled to be paid family tax benefit by instalment that has a Part A rate that is greater than nil; and\n\n (c) before the first time in the safety‑net year that the member is to receive an instalment amount under section 23 of the Family Assistance Administration Act, the member notifies the Secretary that the member wishes to defer receiving all instalments, or the Part A rate of each instalment, of family tax benefit until after the end of the income year ending after the whole, or the Part A rate, of the first instalment amount would otherwise have been paid.\n\n (2) The time after which the registered family is an FTB(A) family is the first time in the safety‑net year when, but for the deferral mentioned in paragraph (1)(c), the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil.\n\n# 6 Notional overpayment due to revised income  estimate\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act; and\n\n (b) the Secretary determines, under section 16 of the Family Assistance Administration Act, that the member is entitled to be paid family tax benefit by instalment that has a Part A rate that is greater than nil; and\n\n (c) before the first time in the safety-net year that the member is to receive an instalment amount under section 23 of the Family Assistance Administration Act, the Secretary varies the determination mentioned in paragraph (b) under section 31E of the Family Assistance Administration Act, because there is a daily overpayment rate within the meaning of that section, so that the member’s daily rate of family tax benefit is reduced to nil.\n\n (2) The time after which the registered family is an FTB(A) family is the first time in the safety-net year when, but for the variation mentioned in paragraph (1)(c), the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil.\n\n# 7 Non-payment of family tax benefit payments due to  non‑lodgement of tax return\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act; and\n\n (b) the Secretary determines, under section 16 of the Family Assistance Administration Act, that the member is entitled to be paid family tax benefit by instalment that has a Part A rate that is greater than nil; and\n\n (c) before the first time in the safety-net year that the member is to receive an instalment amount under section 23 of the Family Assistance Administration Act, the Secretary, under section 32AA or 32AD of the Family Assistance Administration Act, does not make a payment of family tax benefit to the member.\n\n (2) The time after which the registered family is an FTB(A) family is the first time in the safety‑net year when, but for the non-payment mentioned in paragraph (1)(c), the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil.\n\n# 8 Single payment of family tax benefit following review\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act in respect of the last income year (the last income year) ending before the start of the safety‑net year; and\n\n (b) the member does not receive, at any time in the year ending immediately before the start of the safety‑net year, a payment of family tax benefit by instalment that has a Part A rate that is greater than nil and that is in respect of the last income year; and\n\n (c) the Secretary:\n\n (i) makes a review decision under Part 5 of the Family Assistance Administration Act in relation to the member’s entitlement to be paid family tax benefit that has a Part A rate that is greater than nil and that is in respect of the last income year; and\n\n (ii) decides that the member is entitled to be paid family tax benefit by a single payment that has a Part A rate that is greater than nil and that is in respect of the last income year.\n\n (2) However, subsection (1) does not apply if the member does not receive a payment of family tax benefit by instalment with a Part A rate greater than nil in respect of the last income year because of section 31E, 32AA or 32AD of the Family Assistance Administration Act.\n\n (3) The time after which the registered family is an FTB(A) family is the date when the member receives the single payment of family tax benefit mentioned in subparagraph (1)(c)(ii) that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety-net year.\n\n# 9 Family tax benefit not payable because of debt or  liability\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family:\n\n (i) is entitled to be paid family tax benefit that has a Part A rate that is greater than nil by instalment in the safety‑net year, under section 23 of the Family Assistance Administration Act; or\n\n (ii) is entitled to be paid family tax benefit that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety‑net year, under section 24 of the Family Assistance Administration Act; and\n\n (b) for the purpose of recovering a debt owed by the member or another person, or reducing a liability the member has for an amount of primary tax, the Secretary:\n\n (i) acting under section 84, 84A, 92, 92A, 225, 226, 227 or 228 of the Family Assistance Administration Act, makes a deduction of, or sets off against the liability or debt, the whole of the first instalment of family tax benefit that the member is entitled to be paid in the safety‑net year under section 23 of that Act that has a Part A rate that is greater than nil; or\n\n (ii) acting under section 84A, 92A, 225, 226, 227 or 228 of the Family Assistance Administration Act, makes a deduction of, or sets off against the liability or debt, the whole amount of family tax benefit that the member is entitled to be paid under section 24 of that Act.\n\n (2) The time after which the registered family is an FTB(A) family is:\n\n (a) for a registered family to which subparagraph (1)(a)(i) applies — the first time in the safety‑net year when the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil, if the deduction or set‑off mentioned in subparagraph (1)(b)(i) had not occurred; and\n\n (b) for a registered family to which subparagraph (1)(a)(ii) applies — the date when the member would have received the payment of family tax benefit mentioned in subparagraph (1)(b)(ii) that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety‑net year, if the deduction or set‑off mentioned in that subparagraph had not occurred.\n\n# 10 Family tax benefit paid to payment nominee\n\n (1) A registered family is an FTB(A) family in relation to a year (the safety‑net year) if:\n\n (a) a member of the family:\n\n (i) is entitled to be paid family tax benefit that has a Part A rate that is greater than nil by instalment in the safety‑net year, under section 23 of the Family Assistance Administration Act; or\n\n (ii) is entitled to be paid family tax benefit that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety‑net year, under section 24 of the Family Assistance Administration Act; and\n\n (b) a person has been appointed to be the payment nominee for the member under paragraph 219TB(a) of the Family Assistance Administration Act; and\n\n (c) either:\n\n (i) the whole of the first instalment of family tax benefit that the member is entitled to be paid in the safety‑net year under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil is paid to the payment nominee on behalf of the member in accordance with a direction given by the Secretary under paragraph 219TB(b) of that Act; or\n\n (ii) the whole amount of family tax benefit that the member is entitled to be paid under section 24 of the Family Assistance Administration Act is paid to the payment nominee on behalf of the member in accordance with a direction given by the Secretary under paragraph 219TB(b) of that Act.\n\n (2) The time after which the registered family is an FTB(A) family is:\n\n (a) for a registered family to which subparagraph (1)(a)(i) applies — the first time in the safety‑net year when the member would have received a payment of an instalment of family tax benefit under section 23 of the Family Assistance Administration Act that has a Part A rate that is greater than nil, if the payment to the payment nominee on behalf of the member mentioned in subparagraph (1)(c)(i) had not been made; and\n\n (b) for a registered family to which subparagraph (1)(a)(ii) applies — the date when the member would have received the payment of family tax benefit under section 24 of the Family Assistance Administration Act that has a Part A rate that is greater than nil and that is in respect of the last income year ending before the start of the safety‑net year, if the payment to the payment nominee on behalf of the member mentioned in subparagraph (1)(c)(ii) had not been made.\n\n# 11 Regular care children\n\n (1) A registered family is an FTB(A) family for a year (the safety‑net year) if:\n\n (a) a member of the family (the individual):\n\n (i) makes a claim for payment of family tax benefit by instalment under paragraph 7(1)(a) of the Family Assistance Administration Act; or\n\n (ii) requests that the individual’s notional rate of family tax benefit (within the meaning of paragraph (2)(c)) be worked out for a day in the safety‑net year; and\n\n (b) the family and the individual satisfy the conditions mentioned in subsection (2) on the day the claim or request is made.\n\n (2) The conditions are:\n\n (a) another member of the family is a regular care child of the individual; and\n\n (b) the individual would be eligible for family tax benefit for the child under the Family Assistance Act but for the operation of section 25 of that Act (the child is in the care of the individual for less than 35% of a period as determined by the Secretary under subsection 22(6A) of the Family Assistance Act); and\n\n (c) the family tax benefit for which the individual would have been eligible if section 25 of the Family Assistance Act had not applied to the individual (the notional rate of family tax benefit), worked out under Division 1 of Part 4 of the Family Assistance Act and subsection (3), has a Part A rate that is greater than nil.\n\n (3) For working out the notional rate of family tax benefit:\n\n (a) the individual is taken to have a shared care percentage (within the meaning of section 59 of the Family Assistance Act) for the regular care child of 24%; and\n\n (b) references to FTB child in that Act, for working out the notional rate of family tax benefit for the individual, are taken to include references to the regular care child; and\n\n (c) the following provisions are disregarded for the individual:\n\n (i) paragraph (ca) of step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act;\n\n (ii) paragraph (d) of step 1 of the method statement in clause 25 of Schedule 1 to the Family Assistance Act;\n\n (iii) subclause 38A(1) of Schedule 1 to the Family Assistance Act; and\n\n (d) if information about the amount of adjusted taxable income needed for working out the notional rate of family tax benefit for the individual is not available (for example, because the taxable income of the individual or another individual cannot be known until after the relevant income year) — subsection (4) applies to the individual; and\n\n (e) if information about the amount of maintenance income needed for working out the notional rate of family tax benefit for the individual is not available — the Chief Executive  Centrelink may estimate the amount needed.\n\nNote   The provisions mentioned in subparagraphs (c)(i), (ii) and (iii) relate to the FTB Part A supplement.\n\n (4) For paragraph (3)(d):\n\n (a) the individual may give an estimate of adjusted taxable income needed for working out the individual’s notional rate of family tax benefit; and\n\n (b) the estimate may be used to work out the notional rate of family tax benefit if the Chief Executive  Centrelink considers the estimate to be reasonable.\n\n (5) Subsection (6) applies if the notional rate of family tax benefit for the individual has a Part A rate that is greater than nil on the day a claim or request mentioned in paragraph (1)(a) is made.\n\n (6) The registered family is an FTB(A) family from the time, in the safety‑net year, the Chief Executive Centrelink notifies the Chief Executive Medicare, in writing, of the results of the individual’s assessment.\n\n# 12 Regular care children — past periods\n\n (1) A registered family is an FTB(A) family for a year (the safety‑net year) if:\n\n (a) a member of the family (the individual):\n\n (i) makes a claim for payment of family tax benefit for a past period under paragraph 7(1)(b) of the Family Assistance Administration Act, and the past period falls within the last income year ending before the start of the safety‑net year; or\n\n (ii) requests that the individual’s notional rate of family tax benefit (within the meaning of paragraph (2)(c)) be worked out for a day in the last income year ending before the start of the safety‑net year; and\n\n (b) the family and the individual satisfy the conditions mentioned in subsection (2) for at least one day in the last income year ending before the start of the safety‑net year.\n\n (2) The conditions are:\n\n (a) another member of the family was a regular care child of the individual; and\n\n (b) the individual would have been eligible for family tax benefit for the child under the Family Assistance Act but for the operation of section 25 of that Act (the child is in the care of the individual for less than 35% of a period as determined by the Secretary under subsection 22(6A) of the Family Assistance Act); and\n\n (c) the family tax benefit for which the individual would have been eligible if section 25 of the Family Assistance Act had not applied to the individual (the notional rate of family tax benefit), worked out under Division 1 of Part 4 of the Family Assistance Act and subsection (3), has a Part A rate that is greater than nil.\n\n (3) For working out the notional rate of family tax benefit:\n\n (a) the individual is taken to have a shared care percentage (within the meaning of section 59 of the Family Assistance Act) for the regular care child of 24%; and\n\n (b) references to FTB child in that Act, for working out the notional rate of family tax benefit for the individual, are taken to include references to the regular care child; and\n\n (c) the following provisions are disregarded for the individual, unless subsection (4) applies, or begins to apply, to the individual:\n\n (i) paragraph (ca) of step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act;\n\n (ii) paragraph (d) of step 1 of the method statement in clause 25 of Schedule 1 to the Family Assistance Act;\n\n (iii) subclause 38A(1) of Schedule 1 to the Family Assistance Act; and\n\n (d) if information about the amount of adjusted taxable income needed for working out the notional rate of family tax benefit for the individual is not available (for example, because the taxable income of the individual or another individual cannot be known until after the relevant income year) — subsection (6) applies to the individual; and\n\n (e) if information about the amount of maintenance income needed for working out the notional rate of family tax benefit for the individual is not available — the Chief Executive Centrelink may estimate the amount needed.\n\nNote   The provisions mentioned in subparagraphs (c)(i), (ii) and (iii) relate to the FTB Part A supplement.\n\n (4) The provisions mentioned in subparagraphs (3)(c)(i), (ii) and (iii) cease to be disregarded:\n\n (a) if the individual satisfies the FTB reconciliation conditions (within the meaning of section 32A of the Family Assistance Administration Act); and\n\n (b) at the relevant reconciliation time (within the meaning of section 32B of that Act).\n\n (5) Subdivision D of Division 1 of Part 3 of the Family Assistance Administration Act has effect, for working out the notional rate of family tax benefit for an individual affected by paragraph (3)(c) and subsection (4), as if the individual had been the subject of a section 17 determination mentioned in subsection 32A(1) of that Act.\n\n (6) For paragraph (3)(d):\n\n (a) the individual may give an estimate of adjusted taxable income needed for working out the individual’s notional rate of family tax benefit; and\n\n (b) the estimate may be used to work out the notional rate of family tax benefit if the Chief Executive Centrelink considers the estimate to be reasonable.\n\n (7) Subsection (8) applies if:\n\n (a) an individual’s notional rate of family tax benefit for a day in the last income year ending before the start of the safety‑net year has a Part A rate that is greater than nil; and\n\n (b) the Chief Executive Centrelink notifies the Chief Executive Medicare, in writing, of the results of the individual’s assessment before the end of the safety‑net year.\n\n (8) The time after which the registered family is an FTB(A) family is the later of the following times:\n\n (a) the start of the safety‑net year;\n\n (b) when the Chief Executive Medicare is notified of the individual’s assessment under paragraph (7)(b).\n\n \n\n# 13 Repeal\n\n \n\nThis Determination repeals the Health Insurance (FTB(A) Family) Determination 2004.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Determination does not materially expand the legislative scope beyond the original purpose of specifying when a registered family is to be treated as an FTB(A) family for Health Insurance Act purposes. It replaces the 2004 Determination (s13) and largely updates and consolidates the administrative scenarios and technical rules (for example, explicit treatment of deferred instalments, notional overpayment variations, withholding for non‑lodgement, deductions for debt recovery, payments to nominees, and detailed rules for 'regular care' children). Those are refinements and procedural clarifications to align with Family Assistance Act and Administration Act mechanics rather than a substantive broadening of policy scope."},"complexity_factors":["Multiple cross‑references to two other Acts for key definitions and entitlement tests (A New Tax System (Family Assistance) Act 1999 and the Family Assistance Administration Act 1999) — section 3 and many substantive provisions","Thirteen substantive provisions with distinct conditional branches (s5–s12 enumerate separate scenarios each with their own timing rules)","Several procedural and timing rules tied to operational events (first instalment time, receipt of single payment, Centrelink notifying Medicare) requiring agency coordination (e.g. ss5(2), 8(3), 11(6), 12(8))","Use of notional calculations and technical adjustments for shared care (24% shared care assumption) and disregarding particular method‑statement provisions when computing notional rates (ss11(3), 12(3))","Nested exceptions and exclusions (for example s8(2) excludes cases where non‑receipt was for reasons specified in other sections; s12(3)(c) is subject to s12(4))","Discretionary administrative steps (Centrelink may accept reasonable income estimates under ss11(4)(b) and 12(6)(b); Chief Executive Centrelink may estimate maintenance income under ss11(3)(e), 12(3)(e))","Interaction with debt recovery and set‑off rules in multiple specified sections of the Family Assistance Administration Act (listed in s9(1)(b))","Repeal of the prior Determination increases need to compare instruments for change (s13)"],"plain_english_summary":"**What this instrument does (in plain English)**\n\n- This Determination explains the specific situations in which a \"registered family\" will be treated as an \"FTB(A) family\" for the purposes of paragraph (c) of the FTB(A) family definition in subsection 8(1A) of the Health Insurance Act 1973 (see section 4). In short: it lists situations where a family that otherwise would get (or be treated as eligible for) Family Tax Benefit (Part A) is to be counted as an FTB(A) family for Health Insurance Act purposes.\n\n**Who it affects**\n\n- Families who are registered for family assistance and who claim Family Tax Benefit (FTB) by instalments, or who have special payment circumstances (for example, deferred instalments, payments withheld, payments made to a nominee, or arrangements involving \"regular care\" children).\n- Commonwealth officials and agencies that administer payment and entitlement decisions: the Secretary (Department administering Family Assistance Administration Act), the Chief Executive Centrelink, and the Chief Executive Medicare (several provisions require written notifications between these offices).\n\n**How it works (mechanics, with the key situations it covers)**\n\n- The Determination does not create new cash payments. It tells when a registered family is to be regarded as an FTB(A) family for the Health Insurance Act by specifying particular factual and administrative events. The main scenarios are:\n  - Deferred instalments (section 5): if a family who is eligible for instalment payments elects to defer receiving all instalments or the Part A element of instalments until after the relevant income year, the family can be an FTB(A) family from the time the postponed instalment would otherwise have first been paid.\n  - Notional overpayment / revised income estimate (section 6): if the Secretary revises a determination because of a daily overpayment rate and reduces the daily rate to nil before the first instalment in the safety‑net year, the family becomes an FTB(A) family from the time that instalment would otherwise have been paid.\n  - Non‑payment because tax return not lodged (section 7): where the Secretary withholds the instalment under sections 32AA or 32AD of the Family Assistance Administration Act (for example because a tax return has not been lodged), the family is an FTB(A) family from the time the withheld instalment would otherwise have been paid.\n  - Single payment after a review (section 8): if, after an administrative review, a person's entitlement for the previous income year is paid as a single lump sum (rather than instalments) and that single payment has a Part A rate greater than nil, the family becomes an FTB(A) family when that single payment is received (subject to an exclusion if the non‑receipt was caused by specified sections—see s8(2)).\n  - Payments not payable because of debt or tax liability (section 9): where the Secretary fully deducts or sets off the first instalment (or the whole single‑payment amount) to recover debts or reduce tax liability under specified recovery provisions, the family is treated as an FTB(A) family from the time the payment would otherwise have been made.\n  - Payment made to a payment nominee (section 10): if the member’s full first instalment (or whole single‑payment amount) is paid to a payment nominee under a Secretary’s direction, the family is an FTB(A) family from the time the payment would otherwise have occurred.\n  - Regular care children (sections 11–12): provisions set out how a person who provides regular but limited care for a child (treated as a \"regular care child\") can be treated as having a notional FTB Part A entitlement (for example the person may be taken to have a 24% shared care percentage for the child when computing the notional rate). If that notional rate has a Part A amount greater than nil and Centrelink notifies Medicare of the result, the family becomes an FTB(A) family at the notified time (or, for past periods, at the start of the safety‑net year or when Medicare is notified, whichever is later).\n\n- The Determination cross‑references and relies on multiple provisions of the A New Tax System (Family Assistance) Act 1999 and the Family Assistance Administration Act 1999 for definitions and machinery (for example \"adjusted taxable income\", \"entitled to be paid family tax benefit by instalment\", \"instalment amount\").\n\n**Why it matters (claimed purpose and practical effects)**\n\n- The Determination's stated purpose (s4) is to set out the administrative conditions under which a registered family counts as an FTB(A) family for Health Insurance Act purposes. That matters because being an FTB(A) family for Health Insurance Act purposes can change how other Health Insurance (Medicare) rules apply to that family — the Determination therefore affects when families qualify for Health Insurance Act treatments that depend on receiving or being eligible for FTB Part A.\n\n- Who pays and who decides: the family still receives (or loses) actual FTB payments under the Family Assistance legislation; the Determination allocates legal status for Health Insurance purposes. Decisions about entitlement, withholding, variation, recovery, or nomination are made by the Secretary and Centrelink, and the Determination requires those agencies to notify Medicare in some cases (see, e.g., s11(6), s12(7)).\n\n**Costs, incentives and trade‑offs (implementation and compliance effects)**\n\n- Administrative coordination cost and risk: the Determination requires information flows between Centrelink and Medicare (notification obligations), and depends on Secretary decisions under various Family Assistance Administration Act provisions (see ss5–12). That creates operational dependence on timely and accurate inter‑agency data exchange.\n\n- Behavioural incentives for claimants: the Determination recognises actions claimants can take (for example deferring instalments under s5(1)(c) or providing a reasonable estimate of taxable income under s11(4) and s12(6)). Those choices affect timing of entitlement status (cash‑flow trade‑offs for families) and might encourage or discourage particular filing and nomination behaviours.\n\n- Compliance burden: families subject to withheld payments, deductions for debts, or payment nomination must engage with administrative processes (tax returns, Centrelink estimates, nomination forms, possible reviews) to ensure the desired treatment. The Determination also allows Centrelink to estimate maintenance income if not provided (ss11(3)(e), 12(3)(e)), which reduces claimant paperwork but increases agency discretion.\n\n- Concentrated benefits, diffuse costs: the legal benefit of being treated as an FTB(A) family will be concentrated on families in the enumerated situations (e.g. those whose instalments are deferred or withheld); the administrative costs and any risk of error are borne more broadly by agencies and potentially by other families if processing delays occur.\n\n**Implementation points to note (concrete mechanics and risks)**\n\n- Multiple cross‑references: the Determination relies heavily on terms and procedures in the Family Assistance Act and the Family Assistance Administration Act (definitions and entitlement tests are not reprinted here — see section 3).\n- Agency discretion: Centrelink may accept reasonable income estimates (s11(4)(b), s12(6)(b)); the Secretary has power to vary determinations under the Family Assistance Administration Act (referred in s6).\n- Repeals the 2004 Determination (section 13): the instrument replaces the earlier Health Insurance (FTB(A) Family) Determination 2004 and therefore is the operative set of administrative conditions.\n\n**Key sections to consult in the text**: purpose (s4), instalments deferred (s5), revised income / notional overpayment (s6), non‑lodgement withholding (s7), single payment after review (s8), debt‑related deductions (s9), payments to nominee (s10), regular care children and past periods (ss11–12), repeal (s13)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination appears to maintain its original scope. It replaces the 2004 version with updated provisions but continues to serve the same purpose: defining when families who don't receive FTB Part A payments in the standard way still qualify as FTB(A) families for Medicare safety net purposes. The structure and intent remain consistent with the original 2004 Determination, merely updating cross-references and clarifying operational details."},"complexity_factors":["Heavy cross-referencing to external legislation (Family Assistance Act 1999 and Family Assistance Administration Act 1999) — 14+ external section references","Nested conditional logic with multiple prerequisites (typically 3-4 conditions per section)","Complex temporal calculations ('safety-net year', 'last income year', specific notification dates)","Technical defined terms imported from other Acts (12 defined terms in section 3 alone)","Hypothetical counterfactual reasoning ('but for the deferral', 'would have received', 'if the deduction...had not occurred')","Specific percentage calculations for shared care (24% shared care percentage in sections 11-12)","Disregard provisions requiring knowledge of excluded legislative provisions (FTB Part A supplement rules)","Dual pathways for instalments vs single payments creating parallel but slightly different rule sets"],"plain_english_summary":"This Determination ensures families who qualify for Family Tax Benefit Part A but don’t actually receive fortnightly payments for administrative reasons still count as an “FTB(A) family” for Medicare safety net purposes. It covers cases like deferred or zeroed payments, lump-sum or nominee payments, payments used to offset debts, late tax returns, and families with regular-care children, so eligible families can still accumulate medical expenses toward higher Medicare rebates."}},"importantCases":[],"_links":{"self":"/api/acts/health-insurance-ftb-a-family-determination-2017","history":"/api/acts/health-insurance-ftb-a-family-determination-2017/history","analysis":"/api/acts/health-insurance-ftb-a-family-determination-2017/analysis","conflicts":"/api/acts/health-insurance-ftb-a-family-determination-2017/conflicts","importantCases":"/api/acts/health-insurance-ftb-a-family-determination-2017/important-cases","documents":"/api/acts/health-insurance-ftb-a-family-determination-2017/documents"}}