Commonwealth Numbered Acts Commonwealth Numbered Acts1 Paragraph 21(1)(b)
2 Subsection 22(3) (second sentence)
3 Subsections 22(7) and (8)
(7) If:
4 After section 22
Exceptions
(1) Despite section 22, an individual cannot be an FTB child of another individual (an adult ) in the cases set out in this table:
| When
the individual is not an FTB child of the adult at a particular time | ||
|---|---|---|
| If the
individual is aged: | then the individual cannot be an FTB child of the adult
if: | |
| 1 | 5 or more and less than 16 | (a) the individual is not undertaking
full-time study and the individual has adjusted taxable income, for the income
year in which the particular time occurs, that equals or exceeds the cut-out
amount (see subsection (2)); or (b) the adult is the individual's partner. |
| 2
| 16 or more | (a) the individual has adjusted taxable income, for the income
year in which the particular time occurs, that equals or exceeds the cut-out
amount (see subsection (2)); or (b) the adult is the individual's partner; or (c) the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under a prescribed educational scheme. |
| 3 |
any age | the individual, or someone on behalf of the individual, is, at the
particular time, receiving: (a) a social security pension; or (b) a social security benefit; or (c) payments under a program included in the programs known as Labour Market Programs. |
Definition
(2) In subsection (1):
5 Subsections 23(1) and (2)
6 Subsection 23(3)
7 Subsection 23(4)
8 Section 25
(1) If:
(2) For the purposes of this section, a child cannot be in the care of more
than one of the other individuals referred to in subsection (1) on any
particular day.
(3) For the purposes of this section, the Secretary must determine which of
the other individuals referred to in subsection (1) has the care of the child
on any given day having regard to the living arrangements of the child.
9 Paragraph 28(1)(e)
10 Paragraph 29(e)
11 Section 30
12 Paragraph 33(2)(c)
13 Paragraph 33(2)(d)
14 Subsection 33(2)
15 Subsection 35(1) (table items 2 and 3)
16 Subparagraph 39(2)(b)(v)
17 Paragraph 39(4)(c)
18 Paragraphs 59(1)(b) and (c)
19 Subsection 59(1) (second sentence)
20 Section 68
If:
21 Clause 3 of Schedule 1
22 Clause 5 of Schedule 1
23 At the end of clause 5 of Schedule 1
(2) If, at any time, the FTB advance rate in respect of an individual would equal or exceed the individual's Part A rate were subclause (1) to be disregarded, then, with effect from that time, subclause (1) ceases to have effect.
24 Clause 6 of Schedule 1
25 Paragraph 13(1)(b) of Schedule 1
26 Paragraph 13(1)(f) of Schedule 1
27 Subclauses 13(2), (3) and (4) of Schedule 1
(2) This subclause applies to an individual's claim for family tax benefit if:
28 Clause 14 of Schedule 1
29 Clause 14 of Schedule 1 (table)
| Rent assistance
payable to individual who is not a relevant shared carer (Part A—Method 1) | ||||
|---|---|---|---|---|
| Column 1 Family situation | Column 2 Rate A | Column 3 Rate B | ||
| Column 3A | Column 3B | |||
| 1 or 2 rent assistance children | 3 or more rent
assistance children | |||
| 1 | Not member of a couple | $2,310.45 | $2,606.10 | |
| 2 |
Member of a couple other than a person who is partnered (partner in gaol) or a
member of an illness separated couple, a respite care couple or a temporarily
separated couple | $2,310.45 | $2,606.10 | |
| 3 | Person who is partnered (partner
in gaol) or a member of an illness separated couple or a respite care couple | $2,310.45 | $2,606.10 | |
| 4 | Member of a temporarily separated couple | $2,310.45 |
$2,606.10 |
30 After clause 14 of Schedule 1
The rate of rent assistance payable to an individual who is a relevant shared carer is the higher of:
31 After clause 16 of Schedule 1
If an individual is a member of an illness separated, respite care or temporarily separated couple, any rent that the individual's partner pays or is liable to pay in respect of the premises occupied by the individual is to be treated as paid or payable by the individual.
32 Clause 17 of Schedule 1
33 Before clause 20 of Schedule 1
In this Division, if the FTB child of an individual receives maintenance income, the individual is taken to have received the maintenance income.
If the individual, or the individual's partner, is:
34 Clause 20 of Schedule 1
35 Clause 20 of Schedule 1 (method statement, step 1)
36 After clause 20 of Schedule 1
Object of clause
(1) The object of this clause is to annualise the maintenance income (other than capitalised maintenance income) ( CMI ) of an individual during an income year.
Annualisation of maintenance income other than CMI
(2) If an individual receives maintenance income (other than CMI) from another individual during any period or periods (the relevant period or periods ) in an income year, the annualised amount of the maintenance income of the individual is worked out using the following formula:
Commencement of relevant period
(3) If:
(4) If:
(5) If a payee receives maintenance income (other than CMI) from a payer during a period in an income year but not under a maintenance liability, the relevant period, in respect of the maintenance income, commences:
End of relevant period
(6) A relevant period, in respect of maintenance
income (other than CMI) received under a maintenance liability in an income
year, ends either when the maintenance liability ceases (if it ceases before
the end of the income year) or on 30 June of the income year.
(7) If:
(8) If:
Relevant period where payee elects to end an assessment
(9) If:
Meaning of maintenance liability
(10) In this clause, maintenance liability means a liability to provide:
Day a maintenance liability arises
(11) The day a maintenance liability arises is:
37 Clause 21 of Schedule 1
The annualised amount of the maintenance income of an individual who is a member of a couple is the sum of the amounts that, apart from this clause, would be the respective annualised amounts of each of the members of the couple.
38 After subclause 24(2) of Schedule 1
(2A) For the capitalisation period in an income year, the annualised amount of an individual's capitalised maintenance income is worked out using the following formula:
39 Clause 25 of Schedule 1
40 Clause 25 of Schedule 1 (method statement, step 2)
Step 2.
Apply the income test in Division 3 of this Part (clause 28) to work out any
reduction for adjusted taxable income. Take any reduction away from the
individual's maximum rate: the result is the individual's provisional Part A
rate .
Step 3. The individual's Part A rate is:
(a) the individual's
provisional Part A rate if that rate is equal to or greater than the rate that
would be the individual's income and maintenance tested rate under step 3 of
the method statement in clause 3 if the individual's Part A rate were to be
calculated using Part 2; or
(b) the rate that would the individual's income and maintenance tested
rate as so calculated if it is greater than the individual's
provisional Part A rate.
41 After clause 25 of Schedule 1
(1) Subject to subclause
(2), if family tax benefit advance is paid to an individual, the
individual's Part A rate during the individual's family tax benefit
advance period is to be reduced by the FTB advance rate.
(2) If, at any time, the FTB advance rate in respect of an individual would
equal or exceed the individual's Part A rate were subclause (1) to be
disregarded, then, with effect from that time, subclause (1) ceases to have
effect.
(3) In subclause (2), the reference to the individual's Part A rate includes a
reference to a nil rate.
42 Subsection 3(1)
43 Subsection 3(1)
44 Subsection 3(1) 45 Subsection 3(1) (definition of absence ) 46 Subsection 3(1)
47 Subsection 3(1) 48 At the end of section 3 (3) For the purposes of paragraph (d) of the
definition of disabled person , the reference to a psychologist is a reference
to a psychologist who:
(4) A determination by the Minister for the purposes of paragraph (c) or (e)
of the definition of disabled person is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901 .
(6) A week , for the purposes of child care benefit, commences on a Monday. 49 Subsection 8(1) (1) The Secretary may
determine:
50 At the end of paragraphs 8(2)(a) and (b) 51 Subsection 8(4) (4)
The Minister may make guidelines: 52 Section 10 Absence from part of a session (1) For the purposes of this
Act, if a child is absent from part only of a session of care provided by an
approved child care service (other than an approved occasional care service)
the service is taken to have provided that part of the session of care to the
child. Absence from all of a session (2) For the purposes of this Act, if:
Permitted absence days (3) For the purposes of subparagraph (2)(b)(v), a
permitted absence day is a day that meets the following requirements:
Absence from part of a session (1)
For the purposes of this Act, if a child is absent from part only of a session
of care provided by an approved child care service that is an approved
occasional care service, the service is taken to have provided that part of
the session of care to the child. Absence from all of a session (2) For the
purposes of this Act, if:
53 Subsection 11(1) 54 Division 4
of Part 3 (1) This Division deals with
eligibility for child care benefit. Before a person may be determined under
Division 4 of Part 3 of the Family Assistance Administration Act to be
entitled to be paid child care benefit, the person must first be eligible for
it. Eligibility of individual for child care benefit (2) An individual may
be eligible for child care benefit:
Eligibility of an approved child care service for child care benefit (3) An
approved child care service may be eligible for child care benefit by fee
reduction for care provided by the service to a child at risk (see section 47,
Subdivision E). Subdivision A—Eligibility of an individual for child
care benefit by fee reduction for care provided by an approved child care
service (1) An individual is conditionally eligible for child care benefit by fee
reduction for care provided by an approved child care service to a child if:
Secretary may determine that child is an FTB child (2) The Secretary may
determine that a child who is not an FTB child of an individual at a
particular time is taken to be an FTB child of the individual at that time for
the purposes of paragraph (1)(a). Section
subject to Subdivision F (4) This section is subject to Subdivision F (which
deals with limits on eligibility). (1) An individual is eligible for child care benefit by fee
reduction for a session of care provided by an approved child care service to
a child if:
Section subject to Subdivisions F and G (2) This section is subject to
Subdivisions F and G (which deal with limits on eligibility). Subdivision
B—Eligibility of an individual for child care benefit for a past period
for care provided by an approved child care service (1) An individual is eligible for child care
benefit for a past period for a session of care provided by an approved child
care service to a child if:
Requirement relating to immunisation referred to in paragraph (1)(e) (2) For
the purposes of paragraph (1)(e), the requirement relating to immunisation is
that, if the child is under 7 and is born on or after 1 January 1996, the
child must meet the immunisation requirements set out in section 6. Secretary
may determine that child is an FTB child (3) The Secretary may determine that
a child who is not an FTB child of an individual during the session of care is
taken to be an FTB child of the individual during that session for the
purposes of paragraph (1)(a). Section subject to Subdivisions F and G (4)
This section is subject to Subdivisions F and G (which deal with limits on
eligibility). Subdivision C—Eligibility of an individual for child care
benefit for a past period for care provided by a registered carer (1) An individual is eligible for child care
benefit for a past period for care provided (see section 12) by a registered
carer to a child if:
Requirement relating to immunisation referred to in paragraph (1)(g) (2) For
the purposes of paragraph (1)(g), the requirement relating to immunisation is
that, if:
Secretary may determine that child is an FTB child (3) The Secretary may
determine that a child who is not an FTB child of an individual during the
period of care is taken to be an FTB child of the individual during that
period for the purposes of paragraph (1)(a). Section subject to sections 48
and 49 (4) This section is subject to sections 48 and 49 (which deal with
limits on eligibility). Subdivision D—Eligibility of an individual for
child care benefit by single payment/in substitution because of the death of
another individual If deceased eligible for child care
benefit (1) If:
If deceased conditionally eligible for child care benefit by fee reduction (2) If:
Subdivision E—Eligibility of an approved child care service for child
care benefit by fee reduction for care provided by the service to a child at
risk (1) An approved
child care service is eligible for child care benefit by fee reduction for a
session of care provided by the service to a child if:
Section subject to Subdivisions F and G (2) This section is subject to
Subdivisions F and G (which deal with limits on eligibility). Subdivision
F—Limitations on conditional eligibility or eligibility for child care
benefit for care provided by an approved child care service or a registered
carer that do not relate to hours (1) If, apart from this section, more than one individual would be eligible,
or conditionally eligible, for child care benefit in respect of the same
session, or period, of care for the same child under Subdivision A, B or C,
the only individual who is eligible, or conditionally eligible, is the one
whom the Secretary determines to be eligible. Determination to be in
accordance with any Ministerial rules (2) The Secretary must make the
determination under subsection (1) in accordance with any rules in force under
subsection (3). Ministerial rules (3) The Minister may make rules in
accordance with which the Secretary is to make determinations under subsection
(1). Disallowable instrument (4) The rules are a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901 . (1) A person is not
eligible, or conditionally eligible, for child care benefit as mentioned in
Subdivision A, B, C or E if the child concerned:
Child welfare law (2) The Minister may determine that a specified law of a
State or Territory is taken to be a child welfare law of the State or
Territory for the purposes of subparagraph (1)(a)(ii). Exempt class of
children (3) The Minister may determine that children included in a specified
class are children in respect of whom no-one is eligible for child care
benefit under this Division. Disallowable instrument (4) A determination
under this section is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901 . (1)
If:
(2) For the purposes of subsection (1), an approved child care service's
approval is suspended for the period beginning when that suspension takes
effect and ending on the day with effect from which that suspension is
revoked. Limit on eligibility under section 47
(1) The Minister may determine that, in specified circumstances, after a
specified period or specified periods of eligibility of approved child care
services for child care benefit by fee reduction in respect of a child under
section 47, the services are not able to be eligible under that section for
any further period in respect of the child. Disallowable instrument (2) A
determination under this section is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901 . Subdivision
G—Limitations on eligibility for child care benefit for care provided by
an approved child care service relating to hours Limit on eligibility (1) Despite:
How limit is worked out (2) The limit is worked out using this Subdivision.
The Minister's determination under section 57A deals with the hours that are
to count towards that limit in certain circumstances. If fee reduction
claimant is an individual—how the limit is used (3) If a fee reduction
claimant who is an individual, the Secretary determines the limit under
section 50H of the Family Assistance Administration Act while the claimant is
conditionally eligible for child care benefit by fee reduction.
If fee reduction claimant is a service—how the limit is used (5) If a
fee reduction claimant that is an approved child care service, the limit is
taken to be determined under section 54C of the Family Assistance
Administration Act. The Secretary applies the limit when determining, under
section 54B of the Family Assistance Administration Act, the amount of child
care benefit the claimant is entitled to be paid. Past period
claimant—how the limit is used (6) If a past period claimant, the
Secretary applies the limit when determining, under section 52E of the Family
Assistance Administration Act, the amount the claimant is entitled to be paid.
Weekly limit for fee reduction claimants (1) The
weekly limit of hours applicable to a fee reduction claimant is as provided
for in this Subdivision:
Weekly limit for past period claimants (2) The weekly limit of hours
applicable to a past period claimant is, as provided for in this Subdivision:
20 hour limit applies if no other limit does (3) In a week, a limit of 20
hours applies to a claimant if:
Weekly limit of hours must not include unauthorised 24 hour care (4) The
weekly limit of hours applicable to a claimant under this section, other than
a 24 hour care limit under paragraph (1)(d), must not include hours during
which an approved child care service is providing 24 hour care to the child. Overview of section (1)
This section sets out the circumstances in which a limit of 50 hours for
sessions of care provided by an approved child care service to a child applies
in a week to the eligibility of:
If claimant is an individual and work/training/study test satisfied (2) A
limit of 50 hours in the week applies to a fee reduction claimant who is an
individual or to a past period claimant if that claimant, and that claimant's
partner (if any), satisfy the work/training/study test at some time in the
week. If fee reduction claimant is an approved child care service and
work/training/study test satisfied (3) A limit of 50 hours in the week
applies to a fee reduction claimant that is an approved child care service if:
If claimant is an individual and carer allowance is payable (4) A limit of 50
hours in the week applies to a fee reduction claimant who is an individual, or
to a past period claimant, if carer allowance for a disabled child (within the
meaning of section 952 of the Social Security Act 1991 ) is payable to the
claimant or the claimant's partner (if any) for some or all of the week:
If fee reduction claimant is an approved child care service and carer
allowance is payable (5) A limit of 50 hours in the week applies to a fee
reduction claimant that is an approved child care service if:
If claimant and partner are disabled persons (6) A limit of 50 hours in the
week applies to a fee reduction claimant who is an individual or to a past
period claimant if, during the week:
If fee reduction claimant is an approved child care service—disabled
persons (7) A limit of 50 hours in the week applies to a fee reduction
claimant that is an approved child care service if:
If fee reduction claimant is an individual and Secretary considers that
exceptional circumstances exist (8) A limit of 50 hours in the week applies
to a fee reduction claimant who is an individual if the Secretary considers
that, for a specified period that includes, or is the same as, the week, the
child needs or needed more than 20, up to a maximum of 50, hours of care in a
week because exceptional circumstances exist or existed in the period in
relation to the claimant. If fee reduction claimant is an approved child care
service and Secretary considers that exceptional circumstances exist (9) A
limit of 50 hours in the week applies to a fee reduction claimant that is an
approved child care service if:
Service considers that child at risk (10) Subject to subsection (11), a limit
of 50 hours in the week applies to a fee reduction claimant if:
Limitation on service giving certificates under subsection (10) (11) An
approved child care service providing care to a child may only give a
certificate under subsection (10) if the period specified in the certificate,
and the period specified in each other certificate (if any) given by the
service under subsection (10) in respect of the child and the same financial
year, do not in total exceed 13 weeks. Secretary considers that child at risk
(12) A limit of 50 hours in the week applies to a fee reduction claimant if:
Determination that service is sole provider in area (13) A limit of 50 hours
in the week applies to a fee reduction claimant or past period claimant if a
determination is in force under section 57 (sole provider) during the week in
respect of the approved child care service providing the care to the child. Approved outside school hours care service providing care to child (14) A
limit of 50 hours in the week applies to a fee reduction claimant or past
period claimant:
Overview of
section (1) This section sets out the circumstances in which a limit of more
than 50 hours for sessions of care provided by an approved child care service
to a child applies in a week to the eligibility of a fee reduction claimant
(see paragraph 52(1)(a)). Work/disability test satisfied if fee reduction
claimant is an individual (2) A limit of more than 50 hours in the week
applies to a fee reduction claimant who is an individual if:
Work/disability test satisfied if fee reduction claimant is an approved child
care service (3) A limit of more than 50 hours in the week applies to a fee
reduction claimant that is an approved child care service if:
If fee reduction claimant is an individual and Secretary considers that
exceptional circumstances exist (4) A limit of more than 50 hours in the week
applies to a fee reduction claimant who is an individual if the Secretary
considers:
If fee reduction claimant is an approved child care service and Secretary
considers that exceptional circumstances exist (5) A limit of more than 50
hours in the week applies to a fee reduction claimant that is an approved
child care service if:
Service considers that child at risk (6) Subject to subsection (7), a limit
of more than 50 hours in the week applies to a fee reduction claimant if:
Limitation on service giving certificates under subsection (6) (7) An
approved child care service providing care to a child may only give a
certificate under subsection (6) if the period specified in the certificate,
and the period specified in each other certificate (if any) given by the
service under that subsection in relation to the child and the same financial
year, does not in total exceed 13 weeks. Secretary considers that child at
risk (8) A limit of more than 50 hours in the week applies to a fee reduction
claimant if:
Overview of section (1)
This section sets out the circumstances in which a 24 hour care limit for
sessions of care provided to a child applies in a week to the eligibility of
certain fee reduction claimants (see paragraph 52(1)(a)). A 24 hour care limit
can only apply if the care is provided by an approved child care service other
than an approved occasional care service. Meaning of fee reduction claimant
and approved child care service (2) In this section (other than subsection
(1)):
24 hour care certified by a service—if claimant is an individual (3)
Subject to subsection (5), a 24 hour care limit applies in the week to a fee
reduction claimant who is an individual if the approved child care service
providing care to the child certifies that the child needs, or needed, 24 hour
care in the week for one or more 24 hour care periods specified in the
certificate, because neither the claimant, nor the claimant's partner (if
any), is able to care for the child during those periods for the reason that:
24 hour care certified by a service—if claimant is a service (4) Subject
to subsection (5), a 24 hour care limit applies in the week to a fee reduction
claimant that is an approved child care service if:
Limitation on service giving certificates under subsection (3) or (4) (5) An
approved child care service may only give a certificate under subsection (3)
or (4) if the number of 24 hour care periods specified in the certificate in
relation to a child, together with the number of 24 hour care periods
specified in each other certificate (if any) given by the service, or any
other approved child care service, in relation to the child and the same
financial year, does not in total exceed 14. 24 hour care decided by the
Secretary (6) Subject to subsection (7), a 24 hour care limit applies in the
week to a fee reduction claimant if:
Limitation on Secretary's decision making under subsection (5) (7) Subject to
subsection (8), in respect of a child during a financial year, the Secretary
may make a decision under subsection (6) in respect of only 14 24 hour care
periods. Maximum of 28 24 hour care periods may be lifted in certain
circumstances (8) If:
(1) If the Minister considers
that:
(2) The determination:
(3) The determination may be varied by the Minister from a date, or for a
period, specified in the revocation.
(7) The Secretary must give notice of the determination, or of a variation or
revocation of a determination, to the approved child care service the subject
of the determination. A determination, variation or revocation is not
ineffective by reason only that the notice is not given, or if given, that all
of the requirements are not complied with. (1) The Minister
must determine rules relating to how to work out the hours in sessions of care
provided by an approved child care service to a child in a week that are to
count towards:
(2) For the purposes of subsection (1), sessions of care means sessions other
than sessions for which: The Minister may determine rules relating
to:
All of the following must be made in accordance with
rules (if any) in force under section 57B: A determination under
section 57A or 57B is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901 . Meaning of satisfying the work/disability test for individual without partner (1) An individual who does not have a partner satisfies the work/disability
test in relation to care provided by an approved child care service to a child
if the individual is unable to care for the child because of work related
commitments. Meaning of satisfying the work/disability test for individual
and partner where one of the individuals has work related commitments and the
other is a disabled person (2) An individual who has a partner and the
partner satisfy the work/disability test in relation to care provided by an
approved child care service to a child if:
Meaning of satisfying the work/disability test for individual and partner
where both of the individuals have work related commitments (3) An individual
who has a partner and the partner satisfy the work/disability test in relation
to care provided by an approved child care service if both of the individuals
are unable to care for the child at the same time because of work related
commitments. 55 Divisions 4 and 5 of Part 4 Subdivision A—Overview
of Division (1) Subdivisions B and C deal with the
rate of fee reductions and child care benefit applicable if care is provided
by an approved child care service.
(4) Subdivision C applies if:
(5) Subdivision D deals with the rate of child care benefit applicable to an
individual who is eligible under section 45 for child care benefit for a past
period for care provided by a registered carer. Subdivision B—General
provisions relating to rate of fee reductions and child care benefit for care
provided by an approved child care service This Subdivision applies to a rate of fee
reductions or child care benefit for a part of a session of care as if a
reference in this Subdivision to a session of care included a reference to a
part of a session of care. The total amount of child care
benefit for sessions of care provided by an approved child care service to a
child in a week is not to exceed:
(1) If a
determination of conditional eligibility under section 50F of the Family
Assistance Administration Act is in force in respect of an individual and a
child for child care benefit by fee reduction for care provided by an approved
child care service to the child, the rate of fee reductions for sessions of
care provided by the service to the child in a week is limited. Individual conditionally eligible for child care benefit (1) If a
determination of conditional eligibility under section 50F of the Family
Assistance Administration Act is in force in respect of an individual and a
child for child care benefit by fee reductions for care provided by an
approved child care service to the child, the individual's rate of fee
reductions for a session of care provided by the service to the child is the
hourly rate:
Individual eligible for child care benefit (2) If an individual is eligible
under section 43 for child care benefit by fee reduction for a session of care
provided by an approved child care service to a child, the individual's rate
of child care benefit for the session is the hourly rate:
(3) The rate mentioned in paragraph (1)(b) or (c) is taken into account when
the Secretary determines the individual's entitlement to be paid child care
benefit by fee reduction under section 51B of the Family Assistance
Administration Act. (1) If an individual is
eligible under section 44 for child care benefit for a past period for a
session of care provided by an approved child care service to a child, the
rate of child care benefit for the session is the hourly rate worked out using
Schedule 2. (1) If an approved child care service is eligible under section 47 for child
care benefit by fee reduction for a session of care provided by the service to
a child at risk, the service's rate of child care benefit for the session is
the hourly rate specified by the service in a certificate given under
subsection 76(2), or determined by the Secretary under subsection 81(4), as
the case may be. Subdivision
C—Rate of fee reductions and child care benefit if care provided by an
approved child care service and child is at risk or individual is in hardship Service may certify rate if individual is conditionally eligible
(1) If:
Service must certify rate if approved child care service is eligible (2) If
an approved child care service is eligible under section 47 for child care
benefit by fee reduction for care provided by the service to a child at risk,
the service must, subject to sections 77 and 79, certify in writing the hourly
rate of child care benefit applicable for sessions of care provided by the
service to the child while the certificate is in force. Requirements of
certificate (3) The certificate under subsection (1) or (2) must:
(4) The period referred to in paragraph (3)(a): An approved child care service providing care to a child may only give a
certificate under:
An approved child care service providing care to
a child may only give a certificate under subsection 76(1) for a reason set
out in subparagraph 76(1)(b)(ii) (hardship) if the total period specified in
certificates given:
(1)
An approved child care service providing care to a child may not give, in a
particular reporting period, a certificate under section 76 (child at risk or
hardship) in respect of a session of care provided by the service to a child
if:
Reporting period limit (2) For the purposes of paragraph (1)(b), the
reporting period limit , for a reporting period (the subject reporting period
) means:
Reference reporting period (3) For the purposes of paragraph (2)(a), the
reporting period that is the reference reporting period in relation to the
subject reporting period is not the reporting period (the previous reporting
period ) immediately before the subject reporting period. It is the reporting
period immediately preceding the previous reporting period. Secretary may
specify a higher percentage for paragraph (2)(a) (4) The Secretary may
specify a higher percentage for the purposes of paragraph (2)(a) in relation
to an approved child care service and a reporting period. References in
subsection (1) to child care benefit (5) The references in paragraphs (1)(a)
and (b) to child care benefit are references to: (1) If:
Matters to be specified in Secretary's determination (2) A determination by
the Secretary under subsection (1) must: Overview of section (1) This section provides for the rate applicable to:
Secretary may determine rate in cases of hardship—individual
conditionally eligible (2) If:
Secretary may determine rate if child at risk and individual conditionally
eligible (3) If:
Secretary must determine rate if service eligible and child at risk (4) If:
Application for determination (5) An application under subsection (2), (3) or
(4) must:
Determination to specify certain things (6) A determination must specify the
rate and the period for which the determination is in force. Period specified
in the determination (7) The period specified in a determination:
Notice to be given of a determination under subsection (2) (8) The Secretary
must give notice of a determination made under subsection (2) to the
individual and the service providing the care to the child. Notice to be
given of a determination under subsection (3) or (4) (9) The Secretary must
give notice of a determination made under subsection (3) or (4) to the service
providing the care to the child. Content of notice (10) The notice must
state:
(11) The determination is not ineffective by reason only that any, or all, of
the requirements of subsection (8), (9) or (10) are not complied with. (1) A certificate
under section 76 is to be given in accordance with any rules in force under
paragraph (3)(b).
(4) A determination under subsection (3) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901 . Subdivision
D—Care provided by registered carer (1) The hourly rate of child care benefit
for care provided to a child by a registered carer is an amount per hour
worked out in accordance with the formula:
schooling % is:
(2) To avoid doubt, the hourly rate may be applied to a part of an hour. That
part of the hour attracts the appropriate proportion of the amount for a full
hour. The total amount of child care benefit for care provided to a child by
a registered carer or carers in a week is not to exceed: Schedule 4 provides for the indexation of certain amounts used in working out
rates of family assistance. 56 Subclause 2(2) of Schedule 2 (definition of
part-time % )
57 At the end of subparagraph 7(a)(ii) of Schedule 2 58 Clause 8 of Schedule 2 59 Clause 8 of Schedule
2 (method statement, step 8) Step 8. The
individual's taxable income % is: (a) the individual's provisional taxable
income % if it is equal to or greater than the individual's minimum taxable
income %; or 60 The subclause of clause
11 in Schedule 2 preceding subclause (2) 61 Clause 11 of Schedule
2 (table item 4, column 4) 62 Clause 11 of Schedule 2 (table
item 6, column 4) 63 Clause 11 of Schedule 2 (table item 7 of
the table relating to maximum weekly benefit (MWB)) 64
Clause 11 of Schedule 2 (table item 8, column 4) 65 Subclause 11(2) of
Schedule 2 66 Subclause 11(2) of Schedule 2 67 Subclause 11(2) of Schedule 2 68 Subclause 11(2) of Schedule 2 (definition of weekly taper amount ) 69 Clause 12 of Schedule 2
An individual's minimum taxable income % is the percentage worked out in
accordance with the following formula and rounded to 2 decimal places:
standard hourly rate is the amount specified in item 1 of the table in
subclause 4(1).
70 Subsection 3(1) (definition of CPC rate ) 71 Subsection 3(1) (definition of FTB advance rate )
72 Subsection 3(1) (definition of FTB child )
73 Subsection 3(1)
74 Subsection 3(1) 75 After section 3 For the avoidance of doubt, except where
express provision is made to the contrary, an individual may be taken, for the
purposes of this Act, to be in the care of 2 or more other individuals at the
same time. 76 Clause 2 of Schedule 3 77 At the end of clause 2 of Schedule
3 (2) If an individual dies before the end of a particular income year,
the individual's adjusted taxable income for that year is to be calculated in
accordance with the following formula:
78 After clause 3 of Schedule 3 If:
79 Clause 2 of Schedule 4 (table items 4 and 5) 80
Clause 3 of Schedule 4 (table items 4 and 5) 81 Clause 8 of Schedule 4 (table item 3) 82
Clause 8 of Schedule 4 (after table item 4) 83
Subclause 9(1) of Schedule 4 24 hour care
limit , in respect of a week and child, means a limit of:
disabled person means a person who is:
(5) If, in relation to a 24 hour care period and a child:
the service providing the care, or providing the care and having the
responsibility, is providing 24 hour care to the child.
the service is taken to have provided the session of care to the child.
Before an individual can be eligible under section 43, the individual must be
conditionally eligible under section 42.
(3) In subparagraph (1)(c)(ii), the reference to a pre-notice period is a
reference to the period of time that ends on the day before a 63 day notice
period begins to operate in respect of the individual and the child.
the child must meet the immunisation requirements set out in section 6.
the other individual is eligible for that much of the subject amount and
no-one else is, or can become, eligible for or entitled to be paid any of the
subject amount.
the person is not eligible for child care benefit for the sessions of care
provided by the service during the period when the service's approval is
suspended.
the number of hours, in sessions of care in a week for which the claimant is
eligible, is limited.
(4) The limit may be varied under:
The limit, and variations to it made under Subdivision U of Division 4 of Part
3 of the Family Assistance Administration Act or section 65D of that Act, are
worked out using this Subdivision as if the reference in subsection (1) to an
individual being eligible under section 43 for child care benefit was a
reference to the individual being conditionally eligible under section 42. The
Secretary applies the limit when determining, under section 51B of the Family
Assistance Administration Act, the amount of child care benefit the claimant
is entitled to be paid.
certifies that, for a specified period that includes, or is the same as, the
week, the child needs or needed more than 20, up to a maximum of 50, hours of
care in a week because the child is or has been at risk of serious abuse or
neglect.
has given one or more certificates under subsection (10), such that the total
period specified in the certificates in respect of the child in the same
financial year equals 13 weeks; and
The amount of the limit is the particular number of hours more than 50.
The amount of the limit is the particular number of hours more than 50.
The amount of the limit is the particular number of hours more than 50.
The amount of the limit is the particular number of hours more than 50.
certifies that, for a specified period that includes, or is the same as, the
week, the child needs or needed a particular number of hours of care in a week
more than 50 because the child is or has been at risk of serious abuse or
neglect. The amount of the limit is the particular number of hours more than
50 that the service specifies.
has given one or more certificates under subsection (6) such that the total
period specified in the certificates in respect of the child in the same
financial year equals 13 weeks; and
is able to care for the child during those periods; and
a 24 hour care limit applies in the week to a fee reduction claimant if:
is able to care for the child during those periods; and
the Minister may make a determination to that effect (while a determination is
in force, a weekly limit of 50 hours applies under subsection 54(13)).
(4) The determination may be revoked by the Minister from a date specified in
the revocation.
(5) The determination, or a variation of a determination, may only be made on
application by the approved child care service concerned.
(6) The application must:
required by the Secretary.
(2) Subdivision B sets out the circumstances in which the rate of fee
reductions and child care benefit for care provided by an approved child care
service are calculated using Schedule 2 and when they are calculated under
Subdivision C.
(3) Subdivision C deals with the rate applicable in respect of a session of
care provided by an approved child care service to a child if:
(2) The rate is not to exceed the amount that the service would have charged
the individual, if the individual were not so conditionally eligible, for
sessions of care provided by the service to the child in that week, up to the
weekly limit of hours determined as applicable to the individual under section
50H of the Family Assistance Administration Act.
(4) Section 71 imposes a limit on the amount of child care benefit that may be
paid for sessions of care provided by the service to the child in a week.
Section 72 imposes a limit on the rate of fee reductions for sessions of care
provided by the service to the child in a week.
(2) The rate is taken into account in setting the amount of the individual's
entitlement to be paid child care benefit for the past period under section
52E of the Family Assistance Administration Act.
(3) Section 71 imposes a limit on the amount of child care benefit that may be
paid for sessions of care provided by the service to the child in a week.
(2) The rate is taken into account in setting the amount of the service's
entitlement to be paid child care benefit by fee reduction under section 54B
of the Family Assistance Administration Act.
(3) Section 71 imposes a limit on the amount of child care benefit that may be
paid for sessions of care provided to the child in a week.
the service providing the care to the child may, subject to sections 77, 78,
79 and 80, certify in writing the hourly rate of fee reductions applicable for
sessions of care provided by the service to the child while the certificate is
in force.
if:
the Secretary may determine that the service must not give a certificate under
subsection 76(1) for the reason of hardship after the Secretary's
determination has been made and while the determination is in force.
if the Secretary makes a determination as provided for in this section.
the Secretary may determine the hourly rate of fee reductions for sessions of
care the service provides to the child while the determination is in force.
the Secretary may determine the hourly rate of fee reductions for sessions of
care the service provides to the child while the determination is in force.
the Secretary must determine the hourly rate of child care benefit for
sessions of care the service provides to the child while the determination is
in force.
required by the Secretary.
(2) A determination under subsection 81(2), (3) or (4) is to be made in
accordance with any rules in force under paragraph (3)(b).
(3) The Minister may, by determination:
where:
minimum hourly amount is the amount specified in the numerator in the formula
in clause 12 of Schedule 2.
Section 84 imposes a limit on the amount of child care benefit that may be
paid for care provided to a child in a week.
part-time % is:
(b) the individual's minimum taxable income % if it is greater than the
individual's provisional taxable income %. 7 4 or more no 
where:
multiple child % is the amount worked out under clause 5 in relation to the
individual.
FTB advance rate , in relation to an individual, means:
FTB child :
partnered (partner in gaol) has the same meaning
as in the Social Security Act 1991 .
where:
income of individual to date of death means the amount that would, but for the
operation of this subclause, have been the amount of adjusted taxable income
of the individual for the particular income year in which the individual died
if, so far as that particular individual is concerned, that year had
comprised only those days preceding the individual's death.
then, despite the final determination of that adjusted taxable income by the
Secretary, the individual's adjusted taxable income during any period during
the income year:
3 Schedule 1 (clause 13) subparagraph
(1)(f)(i), (ii), (iii) or (iv) 3A Schedule 1 (clause 13) subparagraph
(1)(fa)(i), (ii), (iii) or (iv) 4A Schedule 1 (clause
14A) table
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback
