35UReviews of percentages of care under child support law apply for family assistance purposes

35U  Reviews of percentages of care under child support law apply for family assistance purposes

 (1) Subject to subsections (2) and (3), if:

 (a) the Child Support Registrar considers an objection to a decision under Part VII of the Child Support (Registration and Collection) Act 1988; and

 (b) considering the objection involves (wholly or partly) a consideration of a determination that:

 (c) the Child Support Registrar’s decision on the objection has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

 (2) Subject to subsection (3), if:

 (a) the SSAT reviews a decision under Part VIIA of the Child Support (Registration and Collection) Act 1988; and

 (c) the SSAT’s decision on the review has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

 (a) the AAT reviews a decision under the AAT Act; and

 (c) the AAT’s decision on the review has the effect of varying the determination or substituting a new determination;

section 35T of this Act applies as if the determination as varied or substituted were the child support care determination referred to in that section.

19  Paragraph 59(1)(a)

 (a) the Secretary has determined the individual’s percentage of care for the child during a care period; and

20  Subsection 59(1) (note)

Repeal the note, substitute:

Note: Paragraph 27(2)(b) deals with the percentage of care in a blended family case.

21  Subsection 59(2) (table, heading to Column 1)

Omit “determined under subsection 22(6A)”, substitute “of care”.

22  Subsection 3(1)

care percentage decision means a decision to the extent that the decision involves (wholly or partly):

 (a) a determination of an individual’s percentage of care for a child that was made, under a provision of Subdivision D of Division 1 of Part 3 of the Family Assistance Act, in relation to a claim for payment of family tax benefit; or

 (b) a determination relating to an individual that has effect, under section 35T of that Act, as if it were a determination made under such a provision.

23  After subsection 105(4)

 (4A) If:

 (a) the review involves (wholly or partly) a review of an original decision that is a care percentage decision; and