1.1.C.47 Common law right to receive less (FTB)

Definition

Individuals (1.1.I.90) have a common law right to choose to receive less than their full entitlement to FA (1.1.F.02) payments. This choice is voluntary. Individuals may only choose to receive less for the purpose of avoiding an overpayment of FTB.

Exercising this common law right does not affect the amount the individual is eligible for or entitled to under the FA legislation. If the individual chooses to receive less than their full entitlement (1.1.E.30) during the financial year, they may still be assessed for their full legislative entitlement at reconciliation, when their actual ATI (1.1.A.20) is known.

Exercising this common law right does not affect other benefits such as eligibility to a HCC and/or RA. Entitlement to these benefits is based on the individual's legislative rate (1.1.L.25).

Last reviewed: 2 July 2018