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Schedule 2—Family tax benefit Part B rate

Schedule 2 Family tax benefit Part B rate

   

A New Tax System (Family Assistance) Act 1999

1  Before subparagraph 22B(1)(a)(i)

Insert:

                            (ia)  for the purposes of subclause 29(3) of Schedule 1, so far as it relates to item 3 of the table in subclause 30(1) of Schedule 1—the individual is aged 16 or 17 or is aged 18 and the calendar year in which the individual turned 18 has not ended;

                            (ib)  for the purposes of subclause 29(3) of Schedule 1, so far as it relates to any other provision of Part 4 of Schedule 1—the individual is aged 16 and the calendar year in which the individual turned 16 has not ended;

2  Subparagraph 22B(1)(a)(i)

Omit “29(3) or”.

3  Subparagraph 22B(1)(a)(ii)

Omit “for the purposes of any other provision of this Act”, substitute “in any other case”.

4  At the end of subsection 22B(1)

Add:

Note:          See also subclause 29(4) of Schedule 1, which modifies this definition for individuals whose standard rate under Division 2 of Part 4 of Schedule 1 is worked out under item 3 of the table in subclause 30(1) of Schedule 1.

5  Subclause 29(3) of Schedule 1

Omit “neither item 1 nor item 2”, substitute “none of the items”.

6  At the end of clause 29 of Schedule 1

Add:

             (4)  If an individual’s standard rate under Division 2 is worked out under item 3 of the table in subclause 30(1), then in applying this Part to the individual, subparagraph 22B(1)(a)(ia) (and not subparagraph 22B(1)(a)(ib)) applies in relation to working out the rest of the individual’s Part B rate.

7  Clause 30 of Schedule 1

Repeal the clause, substitute:

30   Standard rate

             (1)  Subject to clause 31, an individual’s standard rate is worked out using the following table. Work out which family situation applies to the individual. The standard rate is the corresponding amount in column 2.

 

Standard rates (Part B)

 

Column 1

Family situation

Column 2

Standard rate

1

youngest FTB child is less than 5 years of age

amount worked out under subclause (2)

2

youngest FTB child is at least 5 years of age but less than 13 years of age

amount worked out under subclause (3)

3

youngest FTB child is at least 13 years of age and either:

(a) the individual is not a member of a couple and is at least 60 years of age; or

(b) the individual is a grandparent or great-grandparent of that youngest FTB child

amount worked out under subclause (3)

4

youngest FTB child is at least 13 years of age but less than 17 years of age, where item 3 does not apply

amount worked out under subclause (3)

             (2)  For the purposes of column 2 of item 1 of the table in subclause (1), the amount is the amount that would have been the indexed amount for the amount (the old amount ) applicable under column 2 of item 1 of the table in this clause, as in force immediately before 1 July 2017, if the old amount had been indexed on 1 July 2017.

             (3)  For the purposes of column 2 of item 2, 3 or 4 of the table in subclause (1), the amount is the amount that would have been the indexed amount for the amount (the old amount ) applicable under column 2 of item 2 of the table in this clause, as in force immediately before 1 July 2017, if the old amount had been indexed on 1 July 2017.

             (4)  In determining, for the purposes of this clause, whether an individual is a grandparent or great-grandparent of another person, treat the following relationships as if they were biological child-parent relationships:

                     (a)  the relationship between an adopted child and his or her adoptive parent;

                     (b)  the relationship between a step-child and his or her step-parent;

                     (c)  the relationship between a relationship child and his or her relationship parent.

             (5)  In this clause:

adoptive parent , of a person (the child ), means the person who adopted the child under a law of any place (whether in Australia or not) relating to the adoption of children.

step-parent , of a person (the child ), means the person who:

                     (a)  is the current or former partner of the biological parent, adoptive parent or relationship parent of the child; and

                     (b)  is not the biological parent, adoptive parent or relationship parent of the child.

8  Clause 2 of Schedule 4 (cell at table item 9, column 3)

Omit “clause 30”, substitute “subclause 30(1)”.

9  Subclause 3(1) of Schedule 4 (cell at table item 9, column 4)

Omit “1999”, substitute “2016”.

10  After subclause 3(2) of Schedule 4

Insert:

No indexation of FTB standard rate (B) on 1 July 2017

          (2A)  The FTB standard rate (B) is not to be indexed on 1 July 2017.

11  Application and transitional provisions

(1)       The amendments made by this Schedule apply in relation to working out the rate of family tax benefit for days on or after the commencement of this Schedule.

(2)       The first indexation under Part 2 of Schedule 4 to the A New Tax System (Family Assistance) Act 1999 of an amount under column 2 of item 1, 2, 3 or 4 of the table in subclause 30(1) of Schedule 1 to that Act, as amended by this Act, is to take place on 1 July 2018. That Part applies on 1 July 2018 as if the FTB standard rate (B) had not yet been indexed or adjusted under Schedule 4 to that Act.