Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012
35UAWhen an individual is eligible for schoolkids bonus in respect of a child—general
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35UA When an individual is eligible for schoolkids bonus in respect of a child—general
FTB (1) An individual is eligible for schoolkids bonus on a bonus test day if: (a) in relation to the bonus test day: (i) a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or (ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and (b) the individual’s rate of family tax benefit on the bonus test day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, consisted of or included a Part A rate greater than nil; and (c) that rate was worked out taking into account one or more FTB children of the individual who are relevant schoolkids bonus children of the individual for the bonus test day.
Note: For relevant schoolkids bonus child, see section 35UB.
Youth allowance (2) An individual (the eligible individual) is eligible for schoolkids bonus on a bonus test day if: (a) the eligible individual has been paid an instalment of youth allowance; and (b) the instalment was in respect of a period that included the bonus test day; and (c) the instalment was of another individual who: (i) on the bonus test day, has turned 16 but is aged under 20; and (ii) if the other individual is aged 19 on the bonus test day—turned 19 during the calendar year in which the bonus test day occurs; and (d) on the bonus test day, the other individual was undertaking full‑time study in respect of a secondary course (within the meaning of subsection 543A(2AB) of the Social Security Act 1991); and (e) youth allowance is payable to the other individual in respect of the bonus test day; and (f) the instalment was paid to the eligible individual: (i) on behalf of the other individual in accordance with subsection 45(1) of the Social Security (Administration) Act 1999; or (ii) as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999. ABSTUDY (3) An individual is eligible for schoolkids bonus on a bonus test day if: (a) the whole or a part of an instalment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance was paid in respect of a student; and (b) the instalment was in respect of a period that included the bonus test day; and (c) the student: (i) on the bonus test day, has turned 16 but is aged under 20; and (ii) if the student is aged 19 on the bonus test day—turned 19 during the calendar year in which the bonus test day occurs; and (d) on the bonus test day, the student was undertaking full‑time study in respect of a course of education determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act; and (e) living allowance is payable under the scheme in respect of the student on the bonus test day; and (f) on the bonus test day, the individual was a parent or guardian of the student; and (g) the individual is either: (i) the parent or guardian to whom the whole or part was paid; or (ii) if no amount of the instalment was paid to a parent or guardian of the student and no amount of the instalment was paid to the student—the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be eligible for schoolkids bonus under this section. Disability support pension and pensioner education supplement (4) An individual (the eligible individual) is eligible for schoolkids bonus on a bonus test day if: (a) an instalment of disability support pension under Part 2.3 of the Social Security Act 1991 has been paid to the eligible individual; and (b) an instalment of pensioner education supplement under: (i) Part 2.24A of the Social Security Act 1991; or (ii) the scheme known as the ABSTUDY scheme; has been paid (whether or not to the eligible individual); and (c) the instalments referred to in paragraphs (a) and (b) were each in respect of a period that included the bonus test day; and (d) the instalments referred to in paragraphs (a) and (b) were of another individual who: (i) on the bonus test day, has turned 16 but is aged under 20; and (ii) if the other individual is aged 19 on the bonus test day—turned 19 during the calendar year in which the bonus test day occurs; and (e) on the bonus test day, the other individual is: (i) if subparagraph (b)(i) applies—undertaking qualifying study (within the meaning of Part 2.24A of the Social Security Act 1991) in respect of a course of education determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of the Student Assistance Act 1973; or (ii) if subparagraph (b)(ii) applies—undertaking study in respect of a course of education determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act; and (f) disability support pension and the pensioner education supplement are both payable to the other individual in respect of the bonus test day; and (g) the instalment referred to in paragraph (a) was paid to the eligible individual as payment nominee in accordance with Part 3A of the Social Security (Administration) Act 1999. Education allowance (5) An individual is eligible for schoolkids bonus on a bonus test day if: (a) the whole or a part of an education allowance under: (i) section 3.2, 3.3, 3.4 or 3.6A of the Veterans’ Children Education Scheme; or (ii) section 3.2, 3.3 or 3.4 of the Military Rehabilitation and Compensation Act Education and Training Scheme; was paid in respect of a student; and (b) the allowance was in respect of a period that included the bonus test day; and (c) the student: (i) on the bonus test day, is aged under 20; and (ii) if the student is aged 19 on the bonus test day—turned 19 during the calendar year in which the bonus test day occurs; and (d) on the bonus test day, the student was undertaking: (i) full‑time study in respect of a secondary course (within the meaning of subsection 543A(2AB) of the Social Security Act 1991); or (ii) primary education; and (e) the allowance is payable in respect of the student in respect of the bonus test day; and (f) on the bonus test day, the individual was a parent or guardian of the student; and (g) the individual is either: (i) the parent or guardian to whom the whole or part was paid; or (ii) if no amount of the allowance was paid to a parent or guardian of the student and no amount of the allowance was paid to the student—the parent or guardian with whom the student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to be eligible for schoolkids bonus under this section.