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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 67CH

Determination of provider's entitlement to be paid ACCS (child wellbeing)

Preconditions for making determinations

  (1)   The Secretary must make a determination under this section for an approved provider for a week, in relation to sessions of care provided by an approved child care service of the provider to a child, if:

  (a)   either of the following is in effect in relation to the child for the week:

  (i)   a certificate given by the provider under section   85CB of the Family Assistance Act;

  (ii)   a determination made by the Secretary under section   85CE of the Family Assistance Act; and

  (b)   the provider has given the Secretary a report for the week under section   204B (requirement to report about children for whom care is provided) in relation to the child, including such a report as varied, substituted or corrected under subsection   204B(6) or section   204C; and

  (c)   the provider has given the Secretary a declaration, in a form approved by the Secretary:

  (i)   for a certificate or determination in effect because of subparagraph   85CA(2)(b)(i) of the Family Assistance Act--that the provider has made reasonable endeavours to identify an individual who is eligible for CCS (child wellbeing) for the sessions of care and has not been able to identify anyone; or

  (ii)   for a certificate or determination in effect because of subparagraph   85CA(2)(b)(ii) of the Family Assistance Act--that the child is in a class prescribed for the purposes of that subparagraph.

  (1A)   For the purposes of paragraph   (1)(b), the provider is taken to have given the Secretary a report for the week under section   204B in relation to the child even if the report is not given by the day required under paragraph   204B(2)(d).

Note:   The report must still be given in accordance with paragraphs 204B(2)(a), (b) and (c), and the information included in the report as required by those provisions must be accurate and complete (see subsection   204B(3)).

Provider entitled to be paid ACCS (child wellbeing)

  (2)   If the Secretary is satisfied that the provider is eligible for ACCS under subsection   85CA(2) of the Family Assistance Act for sessions of care provided to the child in the week, the Secretary must determine in writing:

  (a)   that the provider is entitled to be paid ACCS (child wellbeing) for those sessions of care; and

  (b)   the amount of ACCS (child wellbeing) that the provider is entitled to be paid.

Provider not entitled to be paid ACCS (child wellbeing)

  (3)   If the Secretary is not satisfied as referred to in subsection   (2), the Secretary must determine in writing that the provider is not entitled to be paid ACCS (child wellbeing) for those sessions of care.



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