Household Stimulus Payments Administrative Scheme (FaHCSIA) Determination 2009 (Cth)
Household Stimulus Payments Administrative Scheme (FaHCSIA) Determination 20091
Household Stimulus Package Act (No. 2) 2009
I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Determination under subitem 1 (1) of Schedule 4 to the Household Stimulus Package Act (No. 2) 2009.
Dated 26 November 2009
JENNY MACKLIN
Minister for Families, Housing, Community Services and Indigenous Affairs
Contents
Part 1Preliminary
1Name of Determination 3
2Commencement 3
3Purpose 3
4Interpretation 3
Part 2Household stimulus payment circumstances
5Entitlement to an HS (back to school bonus) payment 5
6Entitlement to an HS (single income family bonus) payment 6
Part 3Amount of household stimulus payment
7Amount of HS (back to school bonus) payment 8
8Amount of HS (single income family bonus) payment 8
Part 4Claiming and paying a household stimulus payment
9How to claim a household stimulus payment 10
10Payment of household stimulus payment 10
Part 5Debt recovery
11Household stimulus payment made because of false or misleading statement 11
12Debt arising in relation to an HS (back to school bonus) payment 11
13Debt arising in relation to an HS (single income family bonus) payment 12
14Person other than payee obtaining payment of cheque 13
15Provisions for debt recovery 13
Part 6Miscellaneous
16Internal review of decisions 14
17Review by the Administrative Appeals Tribunal 14
18Delegation 14
19Decisions to be in writing 14
20Secretary may arrange for use of computer programs for decision making 14
Part 1 Preliminary
Name of Determination
This Determination is the Household Stimulus Payments Administrative Scheme (FaHCSIA) Determination 2009.
Commencement
This Determination commences on the day after it is registered.
Purpose
This Determination provides for household stimulus payments to be made to persons who, in the financial year starting on 1 July 2008, were in particular circumstances for which the Minister considers Part 7 of the A New Tax System (Family Assistance) Act 1999 does not produce appropriate results.
Interpretation
(1) In this Determination:
Centrelink means the Commonwealth Services Delivery Agency.
FaHCSIA means the Department of Families, Housing, Community Services and Indigenous Affairs.
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.
family assistance law has the same meaning as in subsection 3 (1) of the A New Tax System (Family Assistance) (Administration) Act 1999.
formal foster care arrangement means an arrangement that is made:
(a) for the foster care of a child; and
(b) by a State or Territory child protection authority; and
(c) under State or Territory child protection legislation.
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.
FTB claim means a claim for family tax benefit made in accordance with Subdivision A of Division 1 of Part 3 of the Family Assistance Administration Act.
household stimulus payment means 1 of the following payments:
(a) an HS (back to school bonus) payment;
(b) an HS (single income family bonus) payment.
HS (back to school bonus) payment means a household stimulus payment, of a back to school bonus, that is made under this Determination to a person entitled under section 5.
HS (single income family bonus) payment means a household stimulus payment, of a single income family bonus, that is made under this Determination to a person entitled under section 6.
ongoing care, for a child, means care for the child that continues, or is likely to continue, for at least 26 weeks.
Secretary means the Secretary of the Department responsible for the administration of this Determination.
training and learning bonus means:
(a) a training and learning bonus paid under Division 4 of Part 3 of the Social Security (Administration) Act 1999; or
(b) a payment under section 5 of the Household Stimulus Package (Household Stimulus Payment Administrative Scheme)(DEEWR)Determination 2009 (No. 1).
(2) A term used in this Determination in relation to payment of a back to school bonus, single income family bonus or family tax benefit has the same meaning as in the Family Assistance Act.
Part 2 Household stimulus payment circumstances
Entitlement to an HS (back to school bonus) payment
(1) A person is entitled to an HS (back to school bonus) payment if:
(a) the person is or was entitled to FTB Part A for an FTB child, aged 4 to 15, who entered or re-entered the person’s ongoing care during the period starting on 4 February 2009 and ending on 31 March 2009; and
(b) 1 of the following subparagraphs applies to the person:
(i) the person was:
(A) entitled to FTB Part A for the child at any time during the period starting on 1 November 2008 and ending on 2 February 2009; and
(B) not entitled to FTB Part A for the child for 3 February 2009 because there were special circumstances preventing the child from being in the person’s care on that day;
(ii) the person is not a parent of the child and has, or had, the ongoing care of the child under a formal foster care arrangement;
(iii) the person is not a parent of the child and has, or had, the ongoing care of the child because of an inability or failure of the child’s parents to provide care of the child; and
(c) the person claims the payment under section 9.
(2) However, a person is not entitled to an HS (back to school bonus) payment for an FTB child if the person:
(a) has been paid a back to school bonus under Division 4C of Part 3 of the Family Assistance Administration Act for the same FTB child; or
(b) was a member of a couple on the relevant day and the partner of the person has been paid a back to school bonus for the same child under Division 4C of Part 3 of the Family Assistance Administration Act; or
(c) was a member of a couple on the relevant day, and the partner of the person was paid an HS (back to school bonus) payment for the same child, the amount of which was not reduced because of a determination under subsection 28 (1) or section 29 of the Family Assistance Act; or
(d) has been paid a training and learning bonus for the same child; or
(e) was a member of a couple on the relevant day and the partner of the person has been paid a training and learning bonus for the same child; or
(f) is entitled to FTB Part A for the child because of an FTB claim made after the end of the 2008–09 income year, but does not satisfy the FTB reconciliation conditions for the 2008–09 income year under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in that income year; or
(g) is entitled to FTB Part A for the child because of an FTB claim made after 29 January 2010; or
(h) is entitled to FTB Part A for the child because the Secretary became aware after 29 January 2010 that the child had entered the person’s care.
(3) In paragraphs (2) (b), (c) and (e):
relevant day means the first day the person is or was entitled to FTB Part A for the FTB child during the period starting on 4 February 2009 and ending on 31 March 2009.
Note More than 1 HS (back to school bonus) payment may be made for the same FTB child to different people. Also, a person may be entitled to an HS (back to school bonus) payment for a child, and another person entitled to a back to school bonus under the Family Assistance Act for the same child. This might occur, for example, if a person has gained care of a child after 3 February 2009 from a person who previously had care of the child on 3 February 2009, and both people are entitled to FTB Part A.
Entitlement to an HS (single income family bonus) payment
(1) A person is entitled to an HS (single income family bonus) payment if:
(a) the person is or was entitled to FTB Part B for an FTB child aged under 16, who entered or re-entered the person’s ongoing care during the period starting on 4 February 2009 and ending on 31 March 2009; and
(b) 1 of the following subparagraphs applies to the person:
(i) the person was:
(A) entitled to FTB Part B for the child at any time during the period starting on 1 November 2008 and ending on 2 February 2009; and
(B) not entitled to FTB Part B for the child for 3 February 2009 because there were special circumstances preventing the child from being in the person’s care on that day;
(ii) the person is not a parent of the child and has, or had, the ongoing care of the child under a formal foster care arrangement;
(iii) the person is not a parent of the child and has, or had, the ongoing care of the child because of an inability or failure of the child’s parents to provide care of the child; and
(c) the person claims the payment under section 9.
(2) However, a person is not entitled to an HS (single income family bonus) payment for an FTB child if the person:
(a) has been paid a single income family bonus under Division 4C of Part 3 of the Family Assistance Administration Act for the same FTB child or any other child; or
(b) was a member of a couple on the relevant day and the partner of the person has been paid a single income family bonus for the same child under Division 4C of Part 3 of the Family Assistance Administration Act; or
(c) was a member of a couple on the relevant day, and the partner of the person was paid an HS (single income family bonus) payment for the same child, the amount of which was not reduced because of a determination under subsection 28 (1) or section 29 of the Family Assistance Act; or
(d) is entitled to FTB Part B for the child because of an FTB claim made after the end of the 2008–09 income year, but does not satisfy the FTB reconciliation conditions for the 2008–09 income year under section 32B of the Family Assistance Administration Act for all of the same-rate benefit periods in that income year; or
(e) is entitled to FTB Part B for the child because of an FTB claim made after 29 January 2010; or
(f) is entitled to FTB Part B for the child because the Secretary became aware after 29 January 2010 that the child had entered the person’s care.
(3) In paragraphs (2) (b) and (c):
relevant day means the first day the person is or was entitled to FTB Part B for the FTB child during the period starting on 4 February 2009 and ending on 31 March 2009.
Note More than 1 HS (single income family bonus) payment may be made for the same FTB child to different people. Also, a person may be entitled to an HS (single income family bonus) payment for a child, and another person entitled to a single income family bonus under the Family Assistance Act, for the same child. This might occur, for example, if a person has gained care of a child after 3 February 2009 from a person who previously had care of the child on 3 February 2009, and both people are entitled to FTB Part B.
Part 3 Amount of household stimulus payment
Amount of HS (back to school bonus) payment
(1) The amount of an HS (back to school bonus) payment for a person entitled to FTB Part A is $950 for each relevant child, unless subsection (2) applies to reduce the amount.
(2) The amount of a person’s HS (back to school bonus) payment for a relevant child is to be worked out in accordance with subsections 97 (3), (4) and (5) of the Family Assistance Act:
(a) as if those subsections apply to the amount of an HS (back to school bonus) payment for a relevant child; and
(b) in the same way as they apply to the amount of a back to school bonus for an eligible child under Part 7 of the Family Assistance Act, except that they apply as if the circumstances on 3 February 2009 are the circumstances on the first day the person is or was entitled to FTB Part A for the relevant child during the period starting on 4 February 2009 and ending on 31 March 2009.
(3) In this section:
relevant child means a child because of whom the person is entitled to an HS (back to school bonus) payment.
Note The amount of an HS (back to school bonus) payment for a relevant child will be worked out based upon the family circumstances on the first day in the period 4 February 2009 to 31 March 2009 (inclusive) that the person claiming the payment is or was entitled to FTB Part A for the child. For example, if, for that day, the claimant has a shared care percentage of FTB Part A for the child of 40%, the amount of the claimant’s HS (back to school bonus) payment will be 40% of $950, even if the percentage is different for a later day in that period.
Amount of HS (single income family bonus) payment
(1) The amount of an HS (single income family bonus) payment for a person entitled to FTB Part B is $900, unless subsection (2) applies to reduce the amount.
(2) The amount of a person’s HS (single income family bonus) payment is to be worked out in accordance with section 102 of the Family Assistance Act:
(a) as if subsections 102 (2) to (5) apply to the amount of an HS (single income family bonus) payment; and
(b) in the same way as they apply to the amount of a single income family bonus under Part 7 of the Family Assistance Act, except that they apply as if the circumstances on 3 February 2009 are the circumstances on the first day the person is or was entitled to FTB Part B for the child during the period starting on 4 February 2009 and ending on 31 March 2009.
Note The amount of an HS (single income family bonus) payment will be worked out based upon the family circumstances on the first day in the period 4 February 2009 to 31 March 2009 (inclusive) that the person claiming the payment is or was entitled to FTB Part B for a child. For example, if, for that day, the claimant has a shared care percentage of FTB Part B for the child of 40%, the amount of the claimant’s HS (single income family bonus) payment will be 40% of $900, even if the percentage is different for a later day in that period.
Part 4 Claiming and paying household stimulus payment
How to claim household stimulus payment
(1) A claim for a household stimulus payment must:
(a) be made to Centrelink not later than 29 January 2010; and
(b) comply with any requirements of the Secretary.
(2) For subsection (1), requirements may include that the claim:
(a) is in a certain form; or
(b) contains certain information; or
(c) has certain documents attached.
Payment of household stimulus payment
(1) If a person is entitled to a household stimulus payment, the Secretary must make the payment to the person or the person’s payment nominee:
(a) in a lump sum; and
(b) 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
(c) in a way the Secretary considers appropriate.
(2) In subsection (1), payment nominee means a person appointed by the Secretary under section 219TB of the Family Assistance Administration Act.
Note Deductions from a household stimulus payment to a person who is subject to the income management regime in Part 3B of the Social Security Administration Act 1999 are provided for in that Act.
Part 5 Debt recovery
Household stimulus payment made because of false or misleading statement
An amount of a household stimulus payment paid to a person is a debt the person owes the Commonwealth if the amount was paid for the reason, or for reasons including the reason, that the person:
(a) knowingly made a false or misleading statement to the Commonwealth in relation to the person’s claim under the Determination; or
(b) knowingly gave false information to the Commonwealth in relation to the person’s claim under the Determination.
Note Sometimes only part of a household stimulus payment will be a debt the person owes the Commonwealth.
Debt arising in relation to an HS (back to school bonus) payment
(1) An HS (back to school bonus) payment paid to a person is a debt the person owes the Commonwealth if:
(a) the person knowingly made a false or misleading statement, or knowingly gave false information; and
(b) the making of the statement, or the giving of the information, as set out in paragraph (a) is the reason, or 1 of the reasons, why a decision is made under the Family Assistance Administration Act so that, for the period starting on 4 February 2009 and ending on 31 March 2009:
(i) the person was not entitled to FTB Part A; or
(ii) the person’s entitlement to FTB Part A was varied; and
(c) had the decision mentioned in paragraph (b) been made before the HS (back to school bonus) payment was made to the person, the payment would not have been made.
(2) An HS (back to school bonus) payment made to a person is a debt the person owes the Commonwealth if:
(a) the person had received the payment because it had been decided that the person met the requirements of subparagraph 5 (1) (b) (i); and
(b) a decision is made under the Family Assistance Administration Act, for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly gave false information, so that, for the period starting on 1 November 2008 and ending on 2 February 2009:
(i) the person is not entitled to FTB Part A; or
(ii) the person’s entitlement to FTB Part A is varied; and
(c) had the decision mentioned in paragraph (b) been made before the HS (back to school bonus) payment was made to the person, the payment would not have been made.
(3) If an HS (back to school bonus) payment would have been reduced had the recipient of the payment not knowingly made a false or misleading statement, or not knowingly given false information, the amount of the reduction is a debt the recipient owes the Commonwealth.
Debt arising in relation to an HS (single income family bonus) payment
(1) An HS (single income family bonus) payment paid to a person is a debt the person owes the Commonwealth if:
(a) the person knowingly made a false or misleading statement, or knowingly gave false information; and
(b) the making of the statement, or the giving of the information, as set out in paragraph (a) is the reason, or 1 of the reasons, why a decision is made under the Family Assistance Administration Act so that, for the period starting on 4 February 2009 and ending on 31 March 2009:
(i) the person is not entitled to FTB Part B; or
(ii) the person’s entitlement to FTB Part B is varied; and
(c) had the decision mentioned in paragraph (b) been made before the HS (single income family bonus) payment was made to the person, the payment would not have been made.
(2) An HS (single income family bonus) payment made to a person is a debt the person owes the Commonwealth if:
(a) the person had received the payment because it had been decided that the person met the requirements of subparagraph 6 (1) (b) (i); and
(b) a decision is made under the Family Assistance Administration Act, for the reason, or for reasons including the reason, that the person knowingly made a false or misleading statement, or knowingly gave false information, so that, for the period starting on 1 November 2008 and ending on 2 February 2009:
(i) the person was not entitled to FTB Part B; or
(ii) the person’s entitlement to FTB Part B was varied; and
(c) had the decision mentioned in paragraph (b) been made before the HS (single income family bonus) payment was made to the person, the payment would not have been made.
(3) If an HS (single income family bonus) payment would have been reduced had the recipient of the payment not knowingly made a false or misleading statement, or not knowingly given false information, the amount of the reduction is a debt the recipient owes the Commonwealth.
Person other than payee obtaining payment of cheque
The amount of a cheque is a debt the person owes the Commonwealth if:
(a) a household stimulus payment is made by a cheque; and
(b) the person is not the payee and 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.
Provisions for debt recovery
A debt as a result of an overpayment, or incorrect payment, of a household stimulus payment is to be recovered in accordance with Divisions 3 and 4 of Part 4 of the Family Assistance Administration Act as if those Divisions applied to a debt as a result of an overpayment, or incorrect payment, under this Determination.
Part 6 Miscellaneous
Internal review of decisions
The Secretary may review a decision under this Determination in relation to a household stimulus payment:
(a) as if the decision is a decision of an officer under the family assistance law; and
(b) as if Division 1 of Part 5 of the Family Assistance Administration Act applies to the decision; and
(c) in accordance with Division 1 of Part 5 of the Family Assistance Administration Act.
Review by Administrative Appeals Tribunal
A person may apply to the Administrative Appeals Tribunal for review of a decision made under this Determination as affirmed or varied after internal review under section 16, or if it has been set aside and another decision substituted after internal review under section 16, the substituted decision.
Delegation
(1) The Secretary may delegate his or her powers under this Determination to an officer.
(2) However, the Secretary may only delegate a power to an officer of an agency other than the Department, if the head of the agency has agreed to the delegation.
Decisions to be in writing
A decision of an officer under this Determination:
(a) must be in writing; and
(b) is taken to be in writing if it is made, or recorded, by operation of a computer.
Secretary may arrange for use of computer programs for decision making
(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 Determination.
(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.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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