Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 85CH

Determinations on own initiative or on application

  (1)   The Secretary may make a determination that an individual is experiencing temporary financial hardship:

  (a)   on application by the individual in accordance with this section; or

  (b)   on the Secretary's own initiative, if the Secretary is satisfied that a circumstance prescribed by the Minister's rules for the purposes of subsection   85CG(2) (temporary financial hardship) exists in relation to the individual.

Applications

  (2)   An individual may apply to the Secretary for a determination under this section, if the individual considers that a circumstance prescribed by the Minister's rules for the purposes of subsection   85CG(2) (temporary financial hardship) exists in relation to the individual.

  (3)   The application must:

  (a)   be made in a form and manner approved by the Secretary; and

  (b)   contain the information, and be accompanied by the documents, required by the Secretary.

  (4)   The Secretary must, no later than 28 days after the day the application is made:

  (a)   if satisfied that a circumstance prescribed by the Minister's rules for the purposes of subsection   85CG(2) (temporary financial hardship) exists in relation to the individual--make the determination referred to in subsection   (1); and

  (b)   otherwise--refuse the application.

Note:   Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section   266 of the ART Act).

Content etc. of determinations

  (6)   A determination made under this section must:

  (a)   specify the day it takes effect, which must be a Monday and cannot be more than 28 days before:

  (i)   if made on application--the application was made; or

  (ii)   otherwise--the determination was made; and

  (b)   specify the whole weeks for which it has effect; and

  (c)   identify the child to whom it relates; and

  (d)   identify the individual concerned and the reason why the circumstance causing the temporary financial hardship exists in relation to the individual.

  (7)   A determination does not take effect if the determination would have the result that determinations made under this section would be in effect in relation to a particular child and a particular individual, and for a particular reason, for more than 13 weeks.

  (8)   A determination made under this section is not a legislative instrument.