Commonwealth Consolidated Acts Commonwealth Consolidated ActsDetermination on effective claim
(1) If an individual makes an effective claim in respect of a child for CCS by fee reduction, the Secretary must determine:
(a) if, when making the determination, the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met in relation to the claim--that the individual is eligible for CCS by fee reduction for the child; and
(b) if not so satisfied--that the individual is not eligible for CCS by fee reduction for the child.
Cessation of eligibility
(2) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if any of the following apply:
(a) the Secretary is satisfied that the individual has ceased to be eligible, and is not reasonably likely to become eligible again, for CCS by fee reduction for sessions of care provided to the child;
(b) the Secretary has made determinations under subsection 67CD(8) in relation to the individual (otherwise than because of subsection 105E(2)) for:
(i) unless subparagraph (ii) applies--at least 52 consecutive weeks; or
(ii) if the Minister's rules prescribe a different number of consecutive weeks for the purposes of this subparagraph--at least that number of consecutive weeks;
(c) the child ceased to meet the immunisation requirements in section 6 of the Family Assistance Act more than 63 days ago;
(d) a report under section 204B for a week, indicating that a session of care in relation to which the individual is the claimant has been provided to the child in the week, has not been given to the Secretary in relation to:
(i) unless subparagraph (ii) applies--at least 26 consecutive weeks; or
(ii) if the Minister's rules prescribe a different number of consecutive weeks for the purposes of this subparagraph--at least that number of consecutive weeks;
(e) the Secretary is satisfied that the individual:
(i) does not intend that the child be enrolled for care by a child care service; or
(ii) does not intend that the child attend any sessions of care provided by a child care service.
Cessation of eligibility on request
(3) The Secretary may determine that an individual for whom a determination under paragraph (1)(a) is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if the individual requests the Secretary, in a form and manner approved by the Secretary, to do so. The Secretary may make the determination despite the individual being eligible.
Date of effect
(4) A determination made under paragraph (1)(a):
(a) takes effect on the day specified in the determination, which must be the first day for which the Secretary is satisfied that the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of the Family Assistance Act are met that is also:
(i) the first Monday of a CCS fortnight; and
(ii) not more than 28 days before the day the claim was made; and
(b) continues in effect until any of the following happens:
(i) it is superseded by a determination made under subsection (2) or (3);
(ii) it is set aside on review;
(iii) a day or event (if any) specified in the determination as the day or event on which the determination ceases to have effect;
(iv) the individual dies.
(5) A determination made under paragraph (1)(b) has effect from the day the determination is made.
(6) A determination made under subsection (2) or (3) has effect from the day specified in the determination (which may be earlier than the day the determination is made).