Section 54B — Child Support (Assessment) Act 1989: Days to which the percentage of care applies if section 51 did not apply etc. in relation to a responsible person
Text of the provision Official document
(1) This section applies if a determination of a responsible person’s percentage of care for a child is made under section 49 or 50 and: (a) section 51 did not apply in relation to the responsible person; or (b) all of the following apply: (i) section 51 did apply in relation to the responsible person; (ii) the determination (the later determination) was made while an earlier determination of the responsible person’s percentage of care for the child was suspended under subsection 54FA(2) or 54HA(2); (iii) the earlier determination is still suspended under that subsection or the earlier determination was revoked under subsection 54FA(4) or 54HA(4); (iv) the later determination has not been revoked; or (c) section 51 did apply in relation to the responsible person but the determination made under section 49 or 50 determined a single percentage of care for the child for the purposes of subsection 51(5). Note: For when section 51 does not apply, see section 53. (1A) The percentage of care applies to each day in a child support period on and from the application day until the determination is revoked, or the earlier determination ceases to be suspended, under Subdivision C of this Division. (2) The application day is: (a) if subparagraph 49(1)(a)(i) or 50(1)(a)(i) applies in relation to the determination—the day on which the application referred to in that subparagraph is made; or (b) if subparagraph 49(1)(a)(ii) or 50(1)(a)(ii) applies in relation to the determination—the day referred to in that subparagraph; or (c) if paragraph 49(1)(b) or 50(1)(b) applies in relation to the determination: (i) in a case where the revocation of the determination referred to in subparagraph 49(1)(b)(i) or 50(1)(b)(i) takes effect at the beginning of the day referred to in paragraph 54G(2)(a)—that day; or (ii) otherwise—the day that begins immediately after the revocation of the determination referred to in that subparagraph takes effect.
Official source: Federal Register of Legislation
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