The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.4.5.10 Failure to provide information - general provisions

Failure to provide requested information

Under FA(Admin)Act section 29, the Secretary may decide that an individual has no entitlement to FTB if they fail to provide information or produce documents as required by the Secretary within a specified period. This means the individual's FTB entitlement may be cancelled. The date of effect of the cancellation is the day after the end of the individual's latest entitlement period.

Individual subsequently provides information

Where the individual provides the information before the end of the income year following the income year in which the cancellation took effect, Centrelink must vary the decision to cancel FTB. The date of effect of this variation is the date of the original cancellation decision. The variation reinstates the determination that applied before the cancellation.

Example 1: John failed to provide requested information to Centrelink. FTB entitlement was cancelled on 30 September (income year 1). He provides the requested information to Centrelink on 1 October (income year 2). As John provided the requested information before the end of income year 2, ending 30 June, his FTB entitlement is reinstated from 30 September (income year 1).

Example 2: Kerry failed to provide requested information to Centrelink. As a result, Kerry's FTB entitlement was cancelled on 30 September (income year 1). Kerry then provides the requested information to Centrelink on 1 October (income year 3). As Kerry did not provide the requested information before the end of income year 2, her FTB entitlement can only be adjusted from the beginning of income year 2.

Note: Example 2 only applies to beneficial variations.

Act reference: FA(Admin)Act section 29 Variation of instalment entitlement determination where failure to provide information, section 154 General power to obtain information, section 158 Written notice of requirement

Information provided voluntarily

Where Centrelink specifies that the request for information is voluntary, the individual's FTB entitlement cannot be cancelled if the individual does not provide the information.

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