35KDays to which the percentage of care applies if sections 35C and 35D did not apply in relation to an individual etc.

35K  Days to which the percentage of care applies if sections 35C and 35D did not apply in relation to an individual etc.

 (a) a determination of an individual’s percentage of care for a child during a care period is made under section 35A or 35B; and

 (b) either of the following apply:

 (i) sections 35C and 35D did not apply in relation to the individual;

 (ii) section 35G applied in relation to the individual;

the percentage of care applies on and from the application day unless a revocation of the determination under Subdivision E of this Division takes effect.

 (2) If subsection 35A(1) or 35B(1) applies in relation to the determination, the application day is:

 (a) if:

 (i) the claim referred to in paragraph 35A(1)(b) or 35B(1)(b) is a claim for payment of family tax benefit by single payment/in substitution because of the death of another individual; and

 (ii) the claim relates to a child who has died;

  the day on which the claim referred to in that paragraph is or was made; or

 (b) otherwise—the first day of the care period.

 (3) If subsection 35A(2) or 35B(2) applies in relation to the determination, the application day is the first day of the care period that begins after the revocation of the determination referred to in paragraph 35A(2)(a) or 35B(2)(a) takes effect.