FAAct s3. Definitions

FAAct Contents Title Page Part 1 - Preliminary Part 2 - Interpretation Part 3 - Eligibility for family assistance Part 4 - Rate of family assistance Part 5 - One-off payment to families Schedules NOTES Table of Amendments Table A Section Index Definition Index

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3. Definitions

3.(1) In this Act, unless the contrary intention appears:

24 hour care has the meaning given in subsection (5).

24 hour care limit, in respect of a week and child, means a limit of:

(a): one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and

(b): all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period.

24 hour care period means a period of time that is at least 24 consecutive hours but less than 48 consecutive hours.

absence, in relation to care provided by an approved child care service, has a meaning affected by sections 10 and 10A.

adjusted taxable income has the meaning given by Schedule 3.

aged care resident has the same meaning as in the Social Security Act 1991.

amount of rent paid or payable has the same meaning as in the Social Security Act 1991.

approved care organisation means an organisation approved by the Secretary under section 20.

Australian Immunisation Handbook means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service.

Australian resident has the same meaning as in the Social Security Act 1991.

authorised party, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in respect of the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.

baby bonus means the payment for which an individual is eligible under Division 2 of Part 3.

base FTB child rate, in relation to an FTB child of an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 8 of that Schedule.

base rate, in relation to an individual whose Part A rate of family tax benefit is being worked out using Part 2 of Schedule 1, has the meaning given by clause 4 of that Schedule.

benefit received by an individual has a meaning affected by paragraph 19(2)(b).

capitalised maintenance income, in relation to an individual, means maintenance income of the individual:

(a): that is neither a periodic amount nor a benefit provided on a periodic basis; and

(b): the amount or value of which exceeds $1,500.

child care benefit means the benefit for which a person is eligible under Division 4 of Part 3.

child care tax rebate means the rebate for which a person is eligible under Division 5 of Part 3.

child support means financial support under the Child Support (Assessment) Act 1989 and includes financial support:

(a): by way of lump sum payment; or

(b): by way of transfer or settlement of property.

compliance penalty period has the same meaning as in the Social Security Act 1991.

conscientious objection, in relation to the immunisation of a child, has the meaning given by section 5.

CPC ratehas the meaning given by subsection (7).

current figure, as at a particular time and in relation to an amount that is to be indexed or adjusted under Schedule 4, means:

(a): if the amount has not yet been indexed or adjusted under Schedule 4 before that time–the amount; and

(b): if the amount has been indexed or adjusted under Schedule 4 before that time–the amount most recently substituted for the amount under Schedule 4 before that time.

disabled person means a person who is:

(a): receiving a disability support pension under Part 2.3 of the Social Security Act 1991; or

(b): receiving an invalidity pension under Division 4 of Part III of the Veterans' Entitlements Act 1986; or

(c): participating in an independent living program provided by CRS Australia or such other body determined by the Minister, by legislative instrument, for the purposes of this paragraph; or

(d): diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or

(e): included in a class of persons determined by the Minister, by legislative instrument, to be a disabled person for the purposes of this paragraph.

disability expenses maintenance has the meaning given by subsection 19(3).

family assistance means:

(a): family tax benefit; or

(b): baby bonus; or

(c): maternity immunisation allowance; or

(d): child care benefit; or

(da): child care tax rebate; or

(e): family tax benefit advance.

family law order means:

(a): a parenting order within the meaning of section 64B of the Family Law Act 1975; or

(b): a family violence order within the meaning of section 4 of that Act; or

(c): a State child order registered under section 70D of that Act; or

(d): an overseas child order registered under section 70G of that Act.

family tax benefit means the benefit for which a person is eligible under Division 1 of Part 3.

FTB advance rate, in relation to an individual, means:

(a): unless paragraph (b) applies–half the amount that would, under clause 26 of Schedule 1, be the FTB child rate for an FTB child who had not turned 18 if:

(i): the individual's Part A rate were required to be worked out using Part 3 of that Schedule; and

(ii): clause 27 of that Schedule did not apply in respect of the child; or

(b): if the amount per year that would be the FTB advance rate under paragraph (a) is not a multiple of $3.65–the amount per year that is the next highest multiple of $3.65.

FTB child:

(a): in relation to family tax benefit–has the meaning given in Subdivision A of Division 1 of Part 3; and

(b): in relation to child care benefit–has the meaning given in Subdivision A of Division 1 of Part 3 but:

(i): in applying paragraphs 22(7)(b) and 25(1)(b), (1A)(b) and (1B)(b) to child care benefit, the references in those paragraphs to a claim for payment of family tax benefit are to be read as references to a claim for payment of child care benefit; and

(ii): in applying subsections 24(4) and (6) to child care benefit, the references in those subsections to eligibility for family tax benefit are to be read as references to eligibility, or conditional eligibility, for child care benefit; and

(c): in relation to child care benefit–also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be an FTB child.

holder, in relation to a visa, has the same meaning as in the Migration Act 1958.

illness separated couple has the same meaning as in the Social Security Act 1991.

immunised, in relation to a child, means the child is immunised in accordance with:

(a): a standard vaccination schedule determined under section 4; or

(b): a catch up vaccination schedule determined under section 4.

income support supplement has the same meaning as in the Social Security Act 1991.

Income Tax Assessment Act means the Income Tax Assessment Act 1997.

income year has the same meaning as in the Income Tax Assessment Act.

index number has the same meaning as in the Social Security Act 1991.

ineligible homeowner has the same meaning as in the Social Security Act 1991.

lower income threshold for child care benefit has the meaning given by subclause 6(2) of Schedule 2.

maintenance includes child support.

maintenance agreement means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement.

maintenance income, in relation to an individual, means:

(a): child maintenance–that is, the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from:

(i): a parent of the child; or

(ii): the partner or former partner of a parent of the child; or

(b): partner maintenance–that is, the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's partner or former partner; or

(c): direct child maintenance–that is, the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child's own maintenance and is received from:

(i): a parent of the child; or

(ii): the partner or former partner of a parent of the child;

but does not include disability expenses maintenance.

maintenance income credit balance has the meaning given by clause 24A of Schedule 1.

maternity immunisation allowance means the allowance for which an individual is eligible under Division 3 of Part 3.

medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

meets the immunisation requirements has the meaning given by section 6.

member of a couple has the same meaning as in the Social Security Act 1991.

member of the same couple has the same meaning as member of a couple has.

non‑standard hours family day care means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non‑standard hours of care.

non‑standard hours in‑home care means hours of care provided by an approved in‑home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's non‑standard hours of care.

one‑off payment to families means a payment to which an individual is entitled under section 86.

paid work (other than in paragraph 15(1)(a) or section 17A) has the meaning given by section 3B.

parenting plan has the meaning given by the Family Law Act 1975.

partner has the same meaning as in the Social Security Act 1991.

partnered (partner in gaol) has the same meaning as in the Social Security Act 1991.

part‑time family day care means standard hours family day care provided by an approved family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.

part‑time in‑home care means standard hours in‑home care provided by an in‑home care service for a child in a week during which the service provides a total of less than 50 hours of standard hours in‑home care for the child.

passive employment income of an individual, in respect of a period, means:

(a): income that is earned by the individual in respect of the period as a result of the individual being on paid leave for the period; or

(b): a payment of compensation, or a payment under an insurance scheme, in respect of the individual's inability to earn, derive or receive income from paid work during the period; or

(c): if the individual stops paid work as a self‑employed individual–income that is derived by the individual in respect of the period from an interest, or from investments, held in connection with the individual's previous self‑employment.

payment or benefit received from an individual has a meaning affected by paragraph 19(2)(c).

prescribed educational scheme has the same meaning as in the Social Security Act 1991.

principal home has the same meaning as in the Social Security Act 1991.

received from has a meaning affected by paragraph 19(2)(a).

receiving:

(a): in relation to a social security payment–has the same meaning as in subsections 23(1D), 23(2) and (4) of the Social Security Act 1991; and

(b): for the purpose of construing references to a person receiving a social security pension or social security benefit that are references in sections 50S and 50T of the Family Assistance Administration Act and clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act:

(i): is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and

(ii): subject to subsection (8) of this section, is taken to include a reference to a person being prevented from receiving a social security pension or social security benefit because of the application of a compliance penalty period.

recognised immunisation provider has the same meaning as in section 46A of the Health Insurance Act 1973.

recognised study commitments has the meaning given by section 17.

recognised training commitments has the meaning given by section 16.

recognised work or work related commitments has the meaning given by section 15.

registered entitlement, of an individual, means the individual's entitlement to receive maintenance income from a particular payer, if the payer's liability to pay that maintenance income is an enforceable maintenance liability within the meaning of the Child Support (Registration and Collection) Act 1988.

registered parenting plan means a parenting plan registered under section 63E of the Family Law Act 1975.

relevant shared carer means an individual each of whose FTB children is the subject of a determination under subsection 59(1).

rent has the same meaning as in the Social Security Act 1991.

rent assistance child has the meaning given by subclause 12(2) of Schedule 1.

resides in Australia has the same meaning as in the Social Security Act 1991.

respite care couple has the same meaning as in the Social Security Act 1991.

returns to paid work has the meaning given by section 3B.

satisfies the work/training/study test has the meaning given by section 14.

school child has the meaning given by section 18.

school holiday session means a session of care provided by an approved outside school hours care service during school holidays.

secondary earner of a couple, in respect of an income year, means:

(a): unless paragraph (b) applies:

(i): the member of the couple who has the lower adjusted taxable income for the year; or

(ii): if both members of the couple have the same adjusted taxable income for the year–the member of the couple who returns to paid work first during the year; or

(b): if the rate of family tax benefit for a member of the couple is determined on the basis of an estimate of adjusted taxable income for the year, and only one member of the couple returns to paid work during the year–the member of the couple whose original estimate of adjusted taxable income is the lower estimate for the couple for the year (disregarding subclause 3(2) of Schedule 3).

service pension has the same meaning as in the Social Security Act 1991.

session of care has the meaning given by a determination in force under section 9.

social security benefit has the same meaning as in the Social Security Act 1991.

social security payment has the same meaning as in the Social Security Act 1991.

social security pension has the same meaning as in the Social Security Act 1991.

special category visa has the same meaning as in the Migration Act 1958.

standard advance period means:

(a): a period that starts on 1 January and ends on the following 30 June; or

(b): a period that starts on 1 July and ends on the following 31 December.

standard hours family day care means hours of care provided by an approved family day care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care.

standard hours in‑home care means hours of care provided by an approved in‑home care service at times that are identified by the service in accordance with eligibility rules applicable to the service under paragraph 205(1)(b) of the Family Assistance Administration Act as the service's standard hours of care.

stillborn child means a child:

(a): who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

(b): who has not breathed since delivery; and

(c): whose heart has not beaten since delivery.

taxable income has the same meaning as in the Income Tax Assessment Act.

temporarily separated couple has the same meaning as in the Social Security Act 1991.

undertaking full‑time study has the same meaning as in the Social Security Act 1991.

upper income threshold for child care benefit has the meaning given by subclause 6(3) of Schedule 2.

week, in relation to child care benefit and child care tax rebate, has the meaning given in subsection (6).

week concerned for an hour of care is the week (beginning on a Monday) in which the hour occurs.

youth allowance means a payment under Part 2.11 of the Social Security Act 1991.

History

24 hour care inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(42);

24 hour care limit inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(43);

24 hour care period inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(44);

absence repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(45);

baby bonus inserted by Act No. 82, 2007, by s.3, Schedule 6, Part 3(11);

child care tax rebate inserted by Act No. 113, 2007, by s.3, Schedule 1, Part 1(1);

compliance penalty period inserted by Act No. 64, 2006, by s.3, Schedule 14(1);

CPC rate repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 3(70);

CPC rate amended by Act No. 30, 2003, by s.3, Schedule 2, Part 2(52);

disabled person inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(46);

disabled person (paragraph (c)) amended by Act No. 108, 2006, by s.3, Schedule 8(1);

disabled person (paragraph (e)) amended by Act No. 108, 2006, by s.3, Schedule 8(2);

family assistance amended by Act No. 83 of 1999, by s.3, Schedule 2(1);

family assistance amended by Act No. 59, 2004, by s.3, Schedule 2, Part 1, Division 2(4);

family assistance (paragraph (b)) amended by Act No. 82, 2007, by s.3, Schedule 6, Part 3(12);

family assistance (paragraph (da)) inserted by Act No. 113, 2007, by s.3, Schedule 1, Part 1(2);

family law order (paragraph (b)) amended by Act No. 46, 2006, by s.3, Schedule 9, Part 1(1);

family law order (paragraph (b)) amended by Act No. 82, 2006, by s.3, Schedule 12(1) (Misdescribed – amendment made by Act No. 46 of 2006, Schedule 9, Part 1(1));

family member repealed by Act No. 83 of 1999, by s.3, Schedule 2(2);

FTB advance rate repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 3(71);

FTB child repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 3(72);

FTB child (subparagraph (b)(i)) amended by Act No. 75, 2001, by s.3, Schedule 1A(18);

holder inserted by Act No. 18, 2001, by s.3, Schedule 2, Part 1(1);

income support supplement inserted by Act No. 61, 2005, by s.3, Schedule 4, Part 1, Division 1(1);

maintenance income credit balance inserted by Act No. 82, 2006, by s.3, Schedule 5, Part 1(1);

maternity allowance repealed by Act No. 59, 2004, by s.3, Schedule 2, Part 1, Division 2(5);

maternity payment inserted by Act No. 59, 2004, by s.3, Schedule 2, Part 1, Division 2(6);

maternity payment repealed by Act No. 82, 2007, by s.3, Schedule 6, Part 3(13);

member of the same couple inserted by Act No. 61, 2005, by s.3, Schedule 3(1);

non‑standard hours family day care amended by Act No. 83 of 1999, by s.3, Schedule 2(3);

non-standard hours family day care repealed and substituted by Act No. 30, 2003, by s.3, Schedule 2, Part 1(1);

non-standard hours in-home care inserted by Act No. 138, 2000, by s.3, Schedule 2(1);

non-standard hours in-home care repealed and substituted by Act No. 30, 2003, by s.3, Schedule 2, Part 1(2);

one-off payment to families inserted by Act No. 60, 2004, by s.3, Schedule 1, Part 1(1);

paid work inserted by Act No. 61, 2005, by s.3, Schedule 1(1);

paid work amended by Act No. 150, 2005, by s.3, Schedule 2(1);

parenting plan inserted by Act No. 146, 2006, by s.3, Schedule 8, Part 1(6);

partnered (partner in gaol) inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 3(73);

part‑time family day care amended by Act No. 83 of 1999, by s.3, Schedule 2(4);

part-time in-home care inserted by Act No. 138, 2000, by s.3, Schedule 2(2);

passive employment income inserted by Act No. 61, 2005, by s.3, Schedule 1(2);

receiving repealed and substituted by Act No. 35, 2003, by s.3, Schedule 1, Part 1A(1A);

receiving repealed and substituted by Act No. 35, 2003, by s.3, Schedule 6, Part 1(1) (amendment repealed by Act No. 122, 2003, by s.3, Schedule 7, Part 2(2));

receiving (paragraph (a)) amended by Act No. 100, 2004, by s.3, Schedule 2, Part 2(29);

receiving (paragraph (b)) amended by Act No. 132, 2004, by s.3, Schedule 4(1);

receiving (paragraph (c)) amended by Act No. 132, 2004, by s.3, Schedule 4(2);

receiving (paragraph (b)) repealed and substituted by Act No. 64, 2006, by s.3, Schedule 14(2);

receiving (paragraph (c)) repealed by Act No. 64, 2006, by s.3, Schedule 14(2);

registered entitlement inserted by Act No. 82, 2006, by s.3, Schedule 5, Part 1(2);

relevant shared carer inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 3(74);

resides in Australia inserted by Act No. 18, 2001, by s.3, Schedule 2, Part 1(2);

returns to paid work inserted by Act No. 61, 2005, by s.3, Schedule 1(3);

school holiday session amended by Act No. 83 of 1999, by s.3, Schedule 2(5);

secondary earner inserted by Act No. 61, 2005, by s.3, Schedule 1(4);

special category visa inserted by Act No. 18, 2001, by s.3, Schedule 2, Part 1(3);

standard hours family day care amended by Act No. 83 of 1999, by s.3, Schedule 2(6);

standard hours family day care repealed and substituted by Act No. 30, 2003, by s.3, Schedule 2, Part 1(3);

standard hours in-home care inserted by Act No. 138, 2000, by s.3, Schedule 2(3);

standard hours in-home care repealed and substituted by Act No. 30, 2003, by s.3, Schedule 2, Part 1(4);

week inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(47);

week amended by Act No. 113, 2007, by s.3, Schedule 1, Part 1(3);

3.(2) Expressions used in this Act that are defined in the A New Tax System (Family Assistance) (Administration) Act 1999 have the same meaning as in that Act.

3.(3) For the purposes of paragraph (d) of the definition of disabled person, the reference to a psychologist is a reference to a psychologist who:

(a): is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and

(b): has qualifications or experience in assessing impairment in adults.

History

S.3(3) inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(48);

3.(4) Repealed by Act No. 108, 2006, by s.3, Schedule 8(3).

History

S.3(4) inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(48);

S.3(4) repealed by Act No. 108, 2006, by s.3, Schedule 8(3);

3.(5) If, in relation to a 24 hour care period and a child:

(a): an approved child care service provides care to the child during the whole of the period; or

(b): an approved child care service:

(i): provides care to the child during more than half of the period; and

(ii): during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child;

the service providing the care, or providing the care and having the responsibility, is providing 24 hour care to the child.

History

S.3(5) inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(48);

3.(6) A week, for the purposes of child care benefit, commences on a Monday.

History

S.3(6) inserted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(48);

3.(7) For the purposes of this Act, the CPC rate at a particular time is:

2(Maximum basic rate + Pension supplement)

where:

maximum basic rate is the maximum basic rate of age pension payable to a person in accordance with item 2 of Table B in point 1064‑B1 of Pension Rate Calculator A in section 1064 of the Social Security Act 1991.

pension supplement is the amount of the person's pension supplement worked out in accordance with Module BA of Pension Rate Calculator A in section 1064 of the Social Security Act 1991, using the maximum basic rate in item 2 of Table B in point 1064‑B1 in that section.

History

S.3(7) inserted by Act No. 30, 2003, by s.3, Schedule 2, Part 2(53);

3.(8) Subparagraph (b)(ii) of the definition of receiving in subsection (1) does not apply in relation to a compliance penalty period if:

(a): the duration of the period is more than 8 weeks; or

(b): in a case where the compliance penalty period immediately succeeded another compliance penalty period–it has been more than 8 weeks since any compliance penalty period did not apply to the person.

History

S.3(8) inserted by Act No. 64, 2006, by s.3, Schedule 14(3);

3.(9) However, if:

(a): the compliance penalty period; or

(b): in a case where the compliance penalty period immediately succeeded another compliance penalty period–the period since any compliance penalty period did not apply to the person;

started in the income year preceding the income year in which the 8 weeks referred to in subsection (8) elapsed, that subsection does not apply in relation to the compliance penalty period until the start of the later income year.

History

S.3(9) inserted by Act No. 64, 2006, by s.3, Schedule 14(3);

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