Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 85CJ

  (1)   An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:

  (a)   the individual is eligible for CCS for the session of care; and

  (b)   the individual, or the individual's partner, is the grandparent or great - grandparent of the child; and

  (c)   at the start of the CCS fortnight in which the session of care is provided, the individual or the individual's partner is the principal carer of the child within the meaning of subsection   (2); and

  (d)   at the start of the CCS fortnight in which the session of care is provided, the individual, or the individual's partner, is receiving:

  (i)   a social security pension; or

  (ii)   a social security benefit; or

  (iii)   a service pension; or

  (iv)   an income support supplement under Part   IIIA of the Veterans' Entitlements Act 1986 ; or

  (v)   a veteran payment; or

  (vi)   a payment prescribed by the Minister's rules; and

  (e)   Division   5 does not prevent the individual being eligible for ACCS (grandparent) for the session.

  (2)   For the purposes of paragraph   (1)(c), the individual or the individual's partner is the principal carer of the child if the individual or partner:

  (a)   provides all or at least 65% of ongoing daily care for the child; and

  (b)   has substantial autonomy for the day - to - day decisions about the child's care, welfare and development.

  (3)   In determining, for the purposes of this section, whether an individual is a grandparent or great - grandparent of another person, treat the following relationships as if they were biological child - parent relationships:

  (a)   the relationship between an adopted child and his or her adoptive parent;

  (b)   the relationship between a step - child and his or her step - parent;

  (c)   the relationship between a relationship child and his or her relationship parent.

  (4)   In this section:

"adoptive parent" , of a person (the child ), means the person who adopted the child under a law of any place (whether in Australia or not) relating to the adoption of children.

"step-parent" , of a person (the child ), means the person who:

  (a)   is the current or former partner of the biological parent, adoptive parent or relationship parent of the child; and

  (b)   is not the biological parent, adoptive parent or relationship parent of the child.