35AEntitlement to family tax benefit advance

#### 35A Entitlement to family tax benefit advance (1) The Secretary must determine that an individual is entitled to be paid a family tax benefit advance if: (a) on the advance assessment day, the individual is entitled to be paid family tax benefit by instalment; and (b) the individual has made an effective request under section 34 for a family tax benefit advance; and (c) on the advance assessment day, the individual’s Part A rate (disregarding clauses 5 and 25A of Schedule 1 to the Family Assistance Act) is equal to or exceeds the amount that would, under clause 26 of that Schedule, be the FTB child rate if: (i) the individual’s Part A rate were required to be worked out using Part 3 of that Schedule; and (ii) clause 27 of that Schedule did not apply; and (d) on the advance assessment day, the individual has at least one FTB child; and (e) on the advance assessment day, the amount of advance that the individual would be entitled to is at least the minimum amount; and (f) the Secretary considers, on the basis of information available to the Secretary on the advance assessment day, that the individual will not suffer financial hardship from the individual’s Part A rate being reduced as a result of being paid the advance; and (g) on the advance assessment day, the individual is not excluded from being paid a family tax benefit advance under subsection (2). (2) An individual is excluded from being paid a family tax benefit advance if: (a) an amount of family tax benefit advance paid to the individual more than 12 months before the advance assessment day has not been fully repaid; or (b) an amount of family tax benefit advance paid to the individual more than 12 months before the advance assessment day is being repaid as a new advance due to a determination under clause 51 of Schedule 1 to the Family Assistance Act; or (c) the individual owes a debt to the Commonwealth (whether arising under this Act or not) that is: (i) recoverable under Part 4 by means of deductions from the individual’s instalments of family tax benefit under section 84 (unless that debt has been written off because of subsection 95(4A) or (4B)); or (ii) being recovered by deductions from the individual’s instalments of family tax benefit under section 227; or (d) on the advance assessment day, the Secretary is prohibited from making a payment of family tax benefit to the individual under section 32AA or 32AD (non‑payment for non‑lodgment of tax returns). (3) An individual’s advance assessment day is the day the Secretary determines the individual’s entitlement to be paid a family tax benefit advance. (4) If the individual is not entitled to be paid a family tax benefit advance under subsection (1), the Secretary must determine that the individual is not entitled to the family tax benefit advance.