Family Assistance (One-off Payments to Families and Carers) Scheme 2004 (Cth)
Family Assistance (One-off Payments to Families and Carers) Scheme 2004
I, KAY CHRISTINE LESLEY PATTERSON, Minister for Family and Community Services, make this Determination under item 1 of Schedule 3 to the Family Assistance Legislation Amendment (More Help for Families—One-off Payments) Act 2004.
Dated 20 July 2004
KAY PATTERSON
Minister for Family and Community Services
Contents
Part 1Preliminary
1Name of Scheme 3
2Commencement 3
3Purpose 3
4Interpretation 3
Part 2One-off payments to families
5When is an individual entitled to a one-off payment to families under this Scheme? 5
6In respect of what children is the payment payable? 6
7Maximum amount of payment 6
8Amount payable to entitled individual 6
9Amount for FTB children 6
10Amount for students in respect of whom ABSTUDY living allowance or VCES education allowance is being paid 8
Part 3One-off payments to carers
11Who is qualified for a one-off payment under this Scheme? 9
12What is the amount of the payment? 9
Part 4Miscellaneous
13Payment of one-off payment 10
14Debts arising in relation to one-off payments under this Scheme 10
15Person other than payee obtaining payment of a cheque 12
16Provisions for debt recovery 12
17Review of decisions 12
18Delegation 12
19Decisions to be in writing 12
20Secretary may arrange for use of computer programs to make decisions 13
Part 1 Preliminary
Name of Scheme
This Scheme is the Family Assistance (One-off Payments to Families and Carers) Scheme 2004.
Commencement
This Scheme commences on the date of its notification in the Gazette.
Purpose
The purpose of this Scheme is to provide for one-off payments to be made to families and carers in circumstances, in the financial year beginning on 1 July 2003, in which the Minister considers that Part 5 of the A New Tax System (Family Assistance) Act 1999, and Parts 2.5A and 2.19A of the Social Security Act 1991, do not produce appropriate results.
Interpretation
(1) In this Scheme:
ABSTUDY means benefits under the ABSTUDY Scheme (also known as the Aboriginal and Torres Strait Islander Study Scheme).
ABSTUDY Policy Manual 2004 means the ABSTUDY Policy Manual 2004 published by the Department of Education, Science and Training, as in force at the commencement of this Scheme.
confirmed entitlement, in relation to an individual in respect of whom a determination under section 16, 17 or 18 of the Family Assistance Administration Act has been made, means the rate of FTB payable under the determination after the individual satisfies the FTB reconciliation conditions.
eligible child has the meaning given by section 6.
entitled individual has the meaning given by section 5.
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
FTB means family tax benefit.
FTB child has the same meaning as in Subdivision A of Division 1 of Part 3 of the Family Assistance Act.
income year has the same meaning as in the Income Tax Assessment Act 1997.
Social Security Act means the Social Security Act 1991.
Social Security Administration Act means the Social Security (Administration) Act 1999.
VCES means the Veterans’ Children Education Scheme prepared under section 117 of the Veterans’ Entitlements Act 1986, as in force at the commencement of this Scheme.
(2) Unless the contrary intention appears:
(a) a term used in this Scheme in relation to a one-off payment to families and in the Family Assistance Administration Act has the same meaning in this Scheme as it has in the Family Assistance Administration Act; and
(b) a term used in this Scheme in relation to ABSTUDY and in the ABSTUDY Policy Manual 2004 has the same meaning in this Scheme as it has in that Manual; and
(c) a term used in this Scheme in relation to benefits under the VCES and in the VCES has the same meaning in this Scheme as it has in the VCES; and
(d) a term used in this Scheme in relation to a one-off payment to carers and in the Social Security Administration Act has the same meaning in this Scheme as it has in the Social Security Administration Act.
Part 2 One-off payments to families
When is an individual entitled to a one-off payment to families under this Scheme?
(1) An individual (the entitled individual) is entitled to a one-off payment to families under this Scheme if subsection (2), (3) or (4) applies to the individual.
(2) This subsection applies to the individual if:
(a) a determination under section 16, 17 or 18 of the Family Assistance Administration Act, that relates to a period or periods within the
2003–04 income year, has been made in respect of the individual as a claimant; and
(b) the individual satisfies the FTB reconciliation conditions for each of those periods; and
(c) the individual’s confirmed entitlement in respect of any part of those periods consists of or includes a Part A rate greater than nil.
(3) This subsection applies to the individual if:
(a) an instalment of ABSTUDY that includes an amount of ABSTUDY living allowance was paid to, or in respect of, a dependent student; and
(b) the instalment was in respect of a period that included 11 May 2004; and
(c) on 11 May 2004, the dependent student was aged 16 or 17; and
(d) the individual is a parent or guardian of the dependent student, being:
(i) the parent or guardian to whom the ABSTUDY living allowance was paid; or
(ii) if the ABSTUDY living allowance was not paid to a parent or guardian — the parent or guardian with whom the dependent student usually lives who is determined by the Secretary to be the most appropriate parent or guardian to receive a one-off payment under this Scheme.
(4) This subsection applies to the individual if:
(a) an education allowance was paid to, or in respect of, a student under section 3.3, 3.4, 3.5 or 3.6A of the VCES; and
(b) the allowance was in respect of a period that included 11 May 2004; and
(c) on 11 May 2004, the student was aged 16 or 17; and
(d) the individual is a parent or guardian of the student, being:
(i) the parent or guardian to whom the allowance was paid; or
(ii) if the allowance was not paid to a parent or guardian — 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 receive a one-off payment under this Scheme.
In respect of what children is the payment payable?
Each of the following is an eligible child in relation to the entitled individual:
(a) if subsection 5 (2) applies to the entitled individual — each FTB child:
(i) who was taken into account in determining the entitled individual’s confirmed entitlement in respect of that child; and
(ii) in respect of whom the total of the amount (if any) paid to the entitled individual under Part 5 of the Family Assistance Act, and the amounts (if any) paid to any other entitled individual under Part 5 of the Family Assistance Act or this Part, or both, is less than $600;
(b) if subsection 5 (3) applies to the entitled individual — the dependent student, or each dependent student, referred to in paragraph 5 (3) (a);
(c) if subsection 5 (4) applies to the entitled individual — the student, or each student, referred to in paragraph 5 (4) (a).
Maximum amount of payment
(1) Subject to subsection (2), the maximum amount payable under this Part in respect of a single eligible child is $600.
(2) If an amount has been paid to any entitled individual under Part 5 of the Family Assistance Act or this Part, or both, in respect of the eligible child, the maximum amount payable under this Part in respect of the child is reduced by the total of the other amounts paid in respect of the child.
Amount payable to entitled individual
The amount of a one-off payment to an entitled individual is worked out by adding together the amounts payable to the individual under sections 9 and 10 in respect of each eligible child.
Amount for FTB children
(1) The amount payable to an entitled individual in respect of each eligible child mentioned in paragraph 6 (a) is the amount worked out under this section.
(2) If 1 percentage of FTB Part A only applied as a confirmed entitlement in relation to the entitled individual during the 2003–04 income year, the preliminary amount for the entitled individual in respect of each child is:
where:
P is the percentage of FTB Part A that applied as a confirmed entitlement during the 2003–04 income year.
Prop is the proportion of the year during which that percentage applied.
A is the total of the amounts (if any) paid to the entitled individual under Part 5 of the Family Assistance Act or this Part, or both, in respect of the child.
(3) If 2 or more different percentages of FTB Part A applied as a confirmed entitlement in relation to the entitled individual for different periods during the 2003–04 income year, the preliminary amount for the entitled individual in respect of each child is:
where:
Total P is the amount worked out in accordance with subsection (4).
A is the total of the amounts (if any) paid to the entitled individual under Part 5 of the Family Assistance Act or this Part, or both, in respect of the child.
(4) For subsection (3), Total P is the sum of, for each percentage of FTB Part A that applied as a confirmed entitlement during the 2003–04 income year:
where:
P is the percentage of FTB Part A that applied as a confirmed entitlement during the 2003–04 income year.
Prop is the proportion of the year during which that percentage applied.
(5) The amount payable to the entitled individual in respect of the child is as follows:
(a) if the preliminary amount is greater than, or equal to, the remaining amount — the remaining amount;
(b) if the preliminary amount is less than the remaining amount — the preliminary amount.
(6) If the Secretary is satisfied that the period in the 2003–04 income year for which a percentage of FTB Part A applied in respect of the child is less than the full income year, the Secretary may determine the period for which a percentage of FTB Part A applied in respect of the child.
Examples of cases where FTB Part A may be payable for less than the full income year
1 The child is born during the income year.
2 The child dies during the income year.
3 The child is an Australian resident for only part of the income year.
4 The child reaches an age at which he or she ceases to be an FTB child.
(7) If the Secretary makes a determination under subsection (6) in relation to an eligible child, this section applies to the child as if the references in subsections (2) and (4) to a proportion of the year were references to a proportion of the period determined under subsection (6).
(8) In this section:
percentage of FTB Part A, in relation to an entitled individual, an eligible child and a period in which the individual’s confirmed entitlement consists of, or includes, a Part A rate greater than nil, means:
(a) if no determination under section 28, 29 or 59 of the Family Assistance Act was in effect in respect of the eligible child for the period — 100 per cent; and
(b) if 1 determination only under section 28, 29 or 59 of that Act was in effect in respect of the eligible child for the period — the percentage so determined, varied, if necessary, to take account of any changes arising out of the individual satisfying the FTB reconciliation conditions; and
(c) if determinations were in effect under 2, or all 3, of those sections in respect of the eligible child for the period — the product of the percentages so determined, varied, if necessary, to take account of any changes arising out of the individual satisfying the FTB reconciliation conditions.
remaining amount, in relation to an eligible child and an entitled individual, means the difference between $600 and the total of the amounts (if any) paid to the entitled individual and any other entitled individual under Part 5 of the Family Assistance Act or this Part, or both, in respect of the child.
Amount for students in respect of whom ABSTUDY living allowance or VCES education allowance is being paid
(1) Subject to subsection (2), the amount of $600 is payable to an entitled individual in respect of each eligible child who:
(a) is mentioned in paragraph 6 (b) or (c); and
(b) is a child in relation to whom the individual is an entitled individual.
(2) If an amount has been paid to the entitled individual, or to any other entitled individual, in respect of the child under Part 5 of the Family Assistance Act, or section 9 of this Scheme, or both, the amount (if any) payable to the individual under subsection (1) is $600 less the total of the other amounts.
Part 3 One-off payments to carers
Who is qualified for a one-off payment under this Scheme?
(1) Subject to subsection (2), a person (the qualified person) is qualified for a one-off payment to carers under this Scheme if the person has been paid an instalment of carer service pension under subclause 8 (2) or (4) of Schedule 5 to the Veterans’ Entitlements Act 1986 in respect of a period that includes 11 May 2004.
(2) If the person has received a one-off payment to carers under Part 2.5A of the Social Security Act, the person is not qualified for a one-off payment to carers under this Scheme.
What is the amount of the payment?
The amount of the payment to the qualified person is $1 000.
Part 4 Miscellaneous
Payment of one-off payment
If an individual is entitled to a one-off payment under this Scheme, the Secretary must make the payment to the individual in a lump sum:
(a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the payment to be made; and
(b) in such manner as the Secretary considers to be appropriate.
Note The individual does not have to make a claim for the payment.
Debts arising in relation to one-off payments under this Scheme
(1) This section applies in relation to an individual (the recipient) who has been paid a one-off payment under this Scheme (the relevant payment).
What determinations are relevant?
(2) Each of the following is a relevant determination in relation to the recipient:
(a) if the relevant payment was made because, at that time, subsection 5 (2) applied to the recipient — the determination referred to in paragraph 5 (2) (a);
(b) if the relevant payment was made because, at that time, subsection 5 (3) applied to the recipient — a determination under the ABSTUDY Policy Manual 2004 because of which an instalment was paid in the circumstances described in subsection 5 (3);
(c) if the relevant payment was made because, at that time, subsection 5 (4) applied to the recipient — a determination under the VCES because of which an allowance was paid in the circumstances described in subsection 5 (4);
(d) if the relevant payment is a one-off payment to carers under this Scheme — a determination under the Veterans’ Entitlements Act 1986, as applied by clause 8 of Schedule 5 to that Act, because of which an instalment of carer service pension was paid in respect of a period that included 11 May 2004.
Situation in which whole amount is a debt
(3) If:
(a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to:
(i) all or part of the 2003–04 income year (if the relevant determination is covered by paragraph (2) (a)); or
(ii) 11 May 2004 or a period that includes 11 May 2004 (if the relevant determination is covered by paragraph (2) (b), (c) or (d));
is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that any of the following persons knowingly made a false or misleading statement, or knowingly provided false information:
(i) the recipient (if the relevant determination is covered by paragraph (2) (a) or (d));
(ii) the recipient or the student, or one of the students, referred to in paragraph 5 (3) (a) or (4) (a) (if the relevant determination is covered by paragraph (2) (b) or (c)); and
(c) had the change, revocation, setting aside or superseding occurred during or before the period to which the relevant payment relates, the relevant payment would not have been made;
the amount of the relevant payment is a debt due to the Commonwealth by the recipient.
Situation in which part of amount is a debt
(4) If:
(a) after the relevant payment was made to the recipient, a relevant determination in relation to the recipient, at least so far as it relates to:
(i) all or part of the 2003–04 income year (if the relevant determination is covered by paragraph (2) (a)); or
(ii) 11 May 2004 or a period that includes 11 May 2004 (if the relevant determination is covered by paragraph (2) (b), (c) or (d));
is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(b) the decision to change, revoke, set aside or supersede the relevant determination is or was made for the reason, or for reasons including the reason, that any of the following persons knowingly made a false or misleading statement, or knowingly provided false information:
(i) the recipient (if the relevant determination is covered by paragraph (2) (a) or (d));
(ii) the recipient or the student, or one of the students, referred to in paragraph 5 (3) (a) or (4) (a) (if the relevant determination is covered by paragraph (2) (b) or (c)); and
(c) had the change, revocation, setting aside or superseding occurred during or before the period to which the relevant payment relates, the amount of the relevant payment would have been reduced;
the amount by which the relevant payment would have been reduced is a debt due to the Commonwealth by the recipient.
Person other than payee obtaining payment of a cheque
If:
(a) a one-off payment under this Scheme is paid by cheque; and
(b) a person other than the payee obtains possession of the cheque from the payee; and
(c) the cheque is not endorsed by the payee to the person; and
(d) the person obtains value for the cheque;
the amount of the cheque is a debt due by the person to the Commonwealth.
Provisions for debt recovery
(1) Divisions 3 and 4 of Part 4 of the Family Assistance Administration Act apply, as far as they are capable of doing so, to a debt created as a result of an overpayment, or incorrect payment, of a one-off payment to families under this Scheme as if it were an overpayment, or incorrect payment, under the family assistance law.
(2) Parts 5.3 and 5.4 of the Social Security Act apply, as far as they are capable of doing so, to a debt created as a result of an overpayment, or incorrect payment, of a one-off payment to carers under this Scheme as if it were an overpayment, or incorrect payment, under the social security law.
Review of decisions
(1) Part 5 of the Family Assistance Administration Act applies, as far as it is capable of doing so, to a decision under this Scheme in relation to a one-off payment to families as if the decision were a decision relating to a one-off payment to families under the family assistance law.
(2) Part 4 of the Social Security Administration Act applies, as far as it is capable of doing so, to a decision under this Scheme in relation to a one-off payment to carers as if the decision were a decision relating to a one-off payment to carers under the social security law.
Delegation
(1) Subject to this section, the Secretary may delegate to an officer all or any of the powers of the Secretary under this Scheme.
(2) The Secretary must not delegate such a power to an officer of an agency other than the Department, unless the head of the agency has agreed to the delegation.
Decisions to be in writing
(1) A decision of an officer under this Scheme must be in writing.
(2) Such a decision is taken to be in writing if it is made, or recorded, by means of a computer.
Secretary may arrange for use of computer programs to make
decisions
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary may make decisions under this Scheme.
(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.
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