#### 38AD Effect of certain maintenance rights (1) The FTB energy child amount for an FTB child of an individual is the base FTB energy child amount (see clause 38AB) if: (a) the individual or the individual’s partner is entitled to claim or apply for maintenance for the child; and (b) the Secretary considers that it is reasonable for the individual or partner to take action to obtain maintenance; and (c) the individual or partner does not take action that the Secretary considers reasonable to obtain maintenance. (2) Subclause (1) does not apply to maintenance that is: (a) a liability under an administrative assessment (within the meaning of the Child Support (Assessment) Act 1989); and (b) not an enforceable maintenance liability (within the meaning of the Child Support (Registration and Collection) Act 1988).

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