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Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007

Schedule 2 Baby bonus

   

A New Tax System (Family Assistance) Act 1999

1  Subparagraph 38(c)(ii)

Omit “47(2)”, substitute “47(1A), (2)”.

A New Tax System (Family Assistance) (Administration) Act 1999

2  After subsection 47(1)

Insert:

Payment of baby bonus by instalment for those 18 and over

          (1A)  Despite subsection (1), if:

                     (a)  the claimant has turned 18 on the day on which the claimant makes a claim for payment of baby bonus; and

                     (b)  the claimant is entitled to be paid baby bonus in respect of a child; and

                     (c)  on the day on which the determination granting the claim is made:

                              (i)  the claimant is subject to the income management regime (within the meaning of Part 3B of the Social Security (Administration) Act 1999 ); or

                             (ii)  the claimant is included in a class of individuals specified in a legislative instrument made by the Minister for the purposes of this subparagraph;

the Secretary must, after each of the first 13 instalment periods that end after the determination granting the claim is made, pay to the claimant 1 / 13 of the amount of baby bonus that the claimant is entitled to be paid. The Secretary must pay it at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.

          (1B)  However, the Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of subsection (1A) is to be paid in a manner other than by payment to the credit of a bank account nominated and maintained by the claimant. If the Secretary gives the direction, the amount is to be paid in accordance with the direction (despite that subsection).

3  Subsection 47(2)

Omit “However”, substitute “Despite subsection (1)”.

Note:       The heading to subsection 47(2) is deleted.

4  After paragraph 47(2)(a)

Insert:

                    (ab)  subsection (1A) does not apply to the claimant; and

5  Subsection 47(3)

Omit “If”, substitute “Despite subsection (1), if”.

6  Subsections 47(4) and (6)

Before “(2)”, insert “(1A),”.

7  Application

The amendments made by this Schedule apply to claims for payment of baby bonus made after this item commences.