Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006
122EDeductions of DFISA paid to Child Support Registrar
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122E Deductions of DFISA paid to Child Support Registrar
The Commission must, in accordance with a notice given under section 72AC of the Child Support (Registration and Collection) Act 1988, for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of DFISA:
(a) make deductions from instalments of DFISA payable to the recipient; and
(b) pay the amount deducted to the Child Support Registrar.
Part 2—Application provisions
11 Application
The amendment made by item 1 of this Schedule applies in relation to parents who become members of the same couple after the commencement of this Schedule.
12 Application
The amendment made by item 2 of this Schedule applies in relation to parents that:
(a) the Registrar is notified, or otherwise becomes aware, have become members of the same couple; and
(b) the Registrar is satisfied have become members of the same couple;
after the commencement of this Schedule.
13 Application
The amendment made by item 3 of this Schedule applies in relation to applications made under section 39 of the Registration and Collection Act after the commencement of this Schedule.
14 Application
The amendment made by item 6 of this Schedule applies in relation to amounts that are received, after the commencement of this Schedule, by a third party (as mentioned in subsection 71A(2) of the Registration and Collection Act as inserted by this Schedule).
15 Application
(1) The amendment made by item 7 of this Schedule applies in relation to payments, made after the commencement of this Schedule, of the kind referred to in subsection 71C(1) of the Registration and Collection Act (as inserted by this Schedule).
(2) To avoid doubt, the amendment does not apply to payments made before the commencement of this Schedule which have not, at the time of commencement, been credited under section 71C of that Act.
Schedule 8—Amendments relating to family tax benefit (commencing on 1 July 2008)
Part 1—Regular care children
Division 1—Amendments
A New Tax System (Family Assistance) Act 1999
1 Subsection 3(1)
Insert:
absent overseas recipient has the meaning given by section 62.
2 Subsection 3(1)
Insert:
absent overseas regular care child has the meaning given by section 63AA.
3 Subsection 3(1) (subparagraph (b)(i) of the definition of FTB child)
Repeal the subparagraph, substitute:
(i) in applying paragraph 22(6A)(b) to child care benefit, the reference in that paragraph to a claim for payment of family tax benefit is to be read as a reference to a claim for payment of child care benefit; and
4 Subsection 3(1) (subparagraph (b)(ii) of the definition of FTB child)
Omit “benefit; and”, substitute “benefit.”.
5 Subsection 3(1) (paragraph (c) of the definition of FTB child)
Repeal the paragraph.
6 Subsection 3(1)
Insert:
parenting plan has the meaning given by the Family Law Act 1975.
7 Subsection 3(1) (paragraph (b) of the definition of receiving)
Omit “and 17”, substitute “and 38L”.
8 Subsection 3(1)
Insert:
regular care child of an individual (the adult):
(a) means an individual who:
(i) would be an FTB child of the adult but for the operation of section 25 (child in individual’s care for less than 35% of a period); and
(ii) is in the care of the adult for at least 14% of the period referred to in subsection 22(6A); and
(b) in relation to child care benefit—also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be a regular care child of the adult.
9 Subsection 3(1) (definition of relevant shared carer)
Repeal the definition, substitute:
relevant shared carer means an individual who has a shared care percentage for each of his or her FTB children.
10 Subsection 3(1) (definition of rent assistance child)
Omit “subclause 12(2)”, substitute “clause 38B”.
11 Subsection 3(1)
Insert:
shared care percentage for an individual for an FTB child has the meaning given by section 59.
12 Paragraph 6(4)(a)
After “FTB child” (wherever occurring), insert “, or a regular care child,”.
13 Paragraph 21(1)(a)
Repeal the paragraph, substitute:
(a) the individual:
(i) has at least one FTB child; or
(ii) is not an absent overseas recipient and has at least one regular care child who is also a rent assistance child; and
14 Paragraph 22(3)(b)
Omit “or registered parenting plan”, substitute “, registered parenting plan or parenting plan”.
15 After subsection 22(6)
Insert:
Determining percentages of care
(6A) If:
(a) the Secretary is satisfied there has been, or will be, a pattern of care for an individual (the child) over a period such that, for the whole, or for parts (including different parts), of the period, the child was, or will be, under subsection (2), (3), (4), (5) or (6), an FTB child of more than one other individual; and
(b) one of those other individuals makes, or has made, a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in that period; and
(c) that individual is not a partner of at least one of those other individuals;
then the Secretary must determine the percentage of the period during which the child was, or will be, in the care of that individual.
Note: The percentage determined under subsection (6A) for an individual in respect of a child is used to work out the individual’s shared care percentage for the child in section 59.
(6B) If the percentage determined by the Secretary under subsection (6A) is not a whole percentage:
(a) if the percentage is greater than 50%—the percentage is rounded up to the nearest whole percentage; and
(b) if the percentage is less than 50%—the percentage is rounded down to the nearest whole percentage.
(6C) For the purposes of subsection (6A), a child cannot be in the care of more than one of the other individuals referred to in paragraph (6A)(a) on any particular day.
(6D) For the purposes of subsection (6A), the Secretary must determine which of the other individuals referred to in paragraph (6A)(a) has the care of the child on any given day having regard to the living arrangements of the child.
16 Subsection 22(7)
Repeal the subsection, substitute:
Percentage of care at least 35%
(7) If, under subsection (6A), the Secretary determines that a child was, or will be, in the care of an individual for at least 35% of a period, the child is taken to be an FTB child of that individual for the purposes of this section on each day in that period, whether or not the child was in that individual’s care on that day.
Note: If the Secretary determines that a child was, or will be, in the care of an individual for less than 35% of a period, the child is taken not to be an FTB child (see section 25).
17 Paragraph 23(1)(a)
Omit “(including that subsection in its application by virtue of subsection 22(7))”.
18 Subsection 23(2)
Omit “(including that subsection in its application by virtue of subsection 22(7))”.
19 After subsection 23(2)
Insert:
(3) The reference, in paragraph (1)(a) and subsection (2), to an FTB child of an individual or adult under subsection 22(2) or (3) includes a reference to:
(a) a child who is an FTB child under subsection 22(2) or (3) in its application by virtue of subsection 22(7); and
(b) a child who is an FTB child under subsection 22(2) or (3), but who is taken not to be an FTB child under section 25.
Note: As a result of subsection (2) of this section, a child who is taken not to be an FTB child under section 25, but who is a regular care child, will remain a regular care child for the part of the qualifying period referred to in subsection (2) of this section.
20 Subsection 23(5) (subparagraph (c)(ii) of the definition of qualifying period)
Omit “or registered parenting plan”, substitute “, registered parenting plan or parenting plan”.
21 Subsection 24(1)
Repeal the subsection, substitute:
Absence from Australia of FTB or regular care child
(1) If:
(a) any of the following applies:
(i) an FTB child leaves Australia;
(ii) a child born outside Australia is an FTB child at birth;
(iii) a regular care child leaves Australia;
(iv) a child born outside Australia is a regular care child at birth; and
(b) the child continues to be absent from Australia for more than 3 years;
during that absence from Australia, the child is neither an FTB child, nor a regular care child, at any time after the period of 3 years beginning on the first day of the child’s absence from Australia.
22 Paragraph 24(2)(a)
After “FTB child”, insert “, or a regular care child,”.
23 Subsection 24(3)
Omit “not an FTB child” (wherever occurring), substitute “neither an FTB child nor a regular care child”.
24 Section 25
Repeal the section, substitute:
Section 122E - Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 - Deductions of DFISA paid to Child Support Registrar | Zoe