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21. When determination is in force
21.(1) Subject to this section, a determination under this Division comes into force when it is made and remains in force at all times afterwards.
21.(2) Effect of later determination on certain instalment determinations
21.(2) If, on a particular day, a determination is in force:
- (a)
- under section 16, where under the determination the claimant is not entitled to be paid family tax benefit on the particular day or any later day; or
- (b)
- under paragraph 19(a);
the determination ceases to be in force on the particular day if either:
- (c)
- another determination is made on the particular day on a claim by the claimant for payment of family tax benefit by instalment; or
- (d)
- another determination is made after the particular day on a claim by the claimant for payment of family tax benefit for a past period, where the particular day occurs within the past period.
21.(3) Request for cessation of instalment determination
21.(3) A determination in force under section 16 on a particular day ceases to be in force if:
- (a)
- under the determination, the claimant is entitled to be paid family tax benefit on the particular day or any later day; and
- (b)
- on the particular day, the claimant is not receiving a social security pension, social security benefit or service pension; and
- (c)
- on the particular day, the claimant advises the Secretary, in the form and manner required by the Secretary, that the claimant wishes the determination:
- (i)
- to cease to be in force from the particular day or from a specified later day; or
- (ii)
- to have ceased to be in force at the end of the most recent instalment period before the particular day.
The determination ceases to be in force in accordance with the advice.
