38ADEffect of certain maintenance rights

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).