Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011

Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011

made under subsections 61A(5) and (7) of A New Tax System (Family Assistance) Act 1999

Compilation No. 2

Compilation Date:     27 April 2016

Includes amendments up to:  Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016 (F2016L00572)

Prepared by the Department of Social Services

About this compilation

This compilation

This is a compilation of the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011 that shows the text of the law as amended and in force on 27 April 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. 

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Determination

 This Determination is the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011.

2 Commencement

 This Determination commences on the day after registration.

Part 1 – Preliminary

3 Interpretation

In this Determination:

Social Security Act means the Social Security Act 1991.

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.

4 Specified period

 For the purposes of section 5 and subparagraph 7(c)(ii), the specified period is the period that commences on the day the child turns 3 years and ends at the end of the last day of the second income year after the income year in which the child turns 4 years or such further period (if any) as the Secretary allows.

Note: For income year — see subsection 3(1) of the Family Assistance Act.

4A Further Period

 For the purposes of section 4 and paragraphs 7(a) and (b):

(a)               the Secretary must not allow a further period unless:

(i)          the Secretary is satisfied that there are special circumstances;        and

(ii)          a further period in respect of the individual’s claim for payment of family tax benefit in respect of the FTB child was allowed under paragraph 10(2)(b) of the Family Assistance Administration Act; and

(iii)          that claim is for a past period falling within the income year in which the child turned 4 years; and

(b)   any further period allowed by the Secretary must end no later than the end of the second income year after the income year in which the child turned 4 years.

Part 2 – Health check requirement

5 Health check requirement

The health check requirement for a child is that the child meets one of the following requirements:

 (a) the child has undergone, within the specified period, an age appropriate health check provided under a State or Territory program and conducted by a suitably qualified health professional;

 (c) the child has undergone, within the specified period, a health check in another country which is conducted by a suitably qualified health professional which includes the required assessments and examinations set out in section 6.

6 Assessments and examinations for certain children

 For paragraph 5(c), the required assessments and examinations are:

 (a) height and weight (plot and interpret growth curve and calculate Body Mass Index); and

 (b) eyesight; and

 (c) hearing; and

 (d) oral health (teeth and gums); and

 (e) toileting; and

 (f) allergies.

Part 3 – Classes of children taken to meet the health check requirement

7 Classes of children taken to meet the health check requirement

A child who is a member of one of the following classes is taken to meet the health check requirement:

 (a) the class of children, each member of which is a child in respect of whom another person was receiving a carer payment or carer allowance under the Social Security Act at any time from the beginning of the income year in which the child turned 4 years to the end of the second income year after the income year in which the child turned 4 years or such further period (if any) as the Secretary allows;

 (b) the class of children, each member of which is a child qualified for a health care card under subsection 1061ZK(3) of the Social Security Act at any time from the beginning of the income year in which the child turned 4 years to the end of the second income year after the income year in which the child turned 4 years or such further period (if any) as the Secretary allows;

 (c) the class of children, each member of which is a child who:

(i) has been assessed by a registered medical practitioner as having a severe disability or a severe medical condition; and

(ii) has undergone, within the specified period, an assessment suitable to their needs, conducted by a suitably qualified health professional.

Note: For receiving — see subsection 3(1) of the Family Assistance Act

Note to the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011

The Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011 in force under subsection 61A(5) and (7) of the A New Tax System (Family Assistance) Act 1999 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments