142Payment of formula assessment child support to receiving carers who are UCB beneficiaries

1. This section applies only if—

2. a person is the receiving carer of 1 or more children (the child support child or children); and
3. the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children); and
4. the child support child or children is or are either the same as, or different from, the UCB child or children; and
5. the Commissioner receives money by way of child support in respect of the UCB child or children; and
6. that money is paid by a liable parent or parents under 1 or more formula assessments; and
7. the Commissioner does not receive money in respect of the UCB child or children from any person under a voluntary agreement.

8. If this section applies, the Commissioner must, in respect of each child for whom an unsupported child’s benefit is payable,—

9. pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
10. aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
11. deduct an amount equal to whichever is the lesser of the following amounts:
    1. the net of tax amount of the unsupported child’s benefit; or
    2. the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under paragraph (a)); and
12. pay any remaining child support in respect of that child to the receiving carer.

13. This section does not limit the application of section 137 to the liable parent.