Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 3(1) (definition of instalment period )
Repeal the definition, substitute:
"instalment period" , in relation to family tax benefit, has the meaning given by subsections 23(2) and (3).
2 After paragraph 7(2)(a)
Insert:
(aa) in the case of a claim for family tax benefit by instalment--the bank account requirement set out in section 7A must be satisfied in relation to the claim; and
3 At the end of subsection 7(2)
Add:
; and (c) in the case of a claim by an individual for payment of family tax benefit in substitution because of the death of another individual--the tax file number requirement in section 8A must be satisfied in relation to the claim.
4 After section 7
Insert:
(1) This section sets out the bank account requirement that must be satisfied in relation to a claim for the purposes of paragraph 7(2)(aa) (which states what is required for certain claims to be effective).
Requirement concerning bank account details
(2) The requirement is that the claimant provide:
(a) details of a bank account maintained by the person alone or jointly or in common with someone else into which instalments of family tax benefit are to be paid; or
(b) a statement that the claimant will nominate, and provide details of, such a bank account within 28 days after the claim is made.
How details or statement to be given
(3) The bank account details or statement must be provided in the claim.
Exemption from bank account requirement
(4) The Secretary may determine that the requirement in subsection (2) does not apply to a claimant if the Secretary considers that it is appropriate to exempt the claimant from the requirement.
5 Paragraph 8(7)(a)
After "is", insert ", or was,".
6 After section 8
Insert:
(1) This section sets out the tax file number requirement that must be satisfied in relation to a claim for the purposes of paragraph 7(2)(c) (which states what is required for claims in substitution because of the death of another individual to be effective).
(2) The requirement is that a statement of one of the kinds set out in subsection (3), (4) or (5) must be made in relation to each TFN substitution person.
Statement of tax file number
(3) The first kind of statement that can be made is a statement of a TFN substitution person's tax file number. Regardless of whom the TFN substitution person is, this kind of statement can be made by the claimant only.
Statement that TFN substitution person does not know what his or her tax file number is
(4) The second kind of statement that can be made is a statement by a TFN substitution person who was the deceased individual's partner during the period in respect of which the payment is claimed to the effect that the TFN substitution person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number--that number.
Statement that an application for a tax file number is pending
(5) The third kind of statement that can be made is a statement by the TFN substitution person who was the deceased individual's partner during the period in respect of which the payment is claimed to the effect that the TFN substitution person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person--that number; or
(ii) if the application is refused--that the application has been refused; or
(iii) if the application is withdrawn--that the application has been withdrawn.
How statement to be given
(6) A statement made by the claimant must be made in the claim. A statement made by a TFN substitution person must be in a document, in a form approved by the Secretary, that the claimant gives the Secretary together with the claim.
Exemption from tax file number requirement
(7) The Secretary may determine that the requirement in subsection (2) does not apply in relation to a TFN substitution person if the claimant does not know the person's TFN.
(8) The Secretary may determine that the requirement in subsection (2) does not apply in relation to a TFN substitution person if the claimant cannot obtain a statement referred to in subsection (4) or (5) in respect of the person.
Note: The heading to section 8 is altered by omitting " claim " and substituting " claims for family tax benefit by instalment or for a past period ".
7 Subparagraph 9(c)(i)
After "27(5),", insert "27A(3), 28A(2), 28B(2), 28B(3),".
8 Subparagraph 10(1)(c)(i)
After "27(5)", insert "27A(3), 28A(2), 28B(2), 28B(3),".
9 Subsection 13(1)
Omit "section and sections 16 to 19", substitute "Subdivision".
10 Subsection 13(2)
Repeal the subsection.
11 Section 14
Omit all the words before paragraph (b), substitute:
If, in relation to a claim for payment of family tax benefit made by an individual:
(a) the claim is for payment of that benefit for a past period; and
12 Section 15
Repeal the section, substitute:
15 Restriction on determining claim where tax file number not provided etc.
Statement that TFN claim person or TFN substitution person does not know what his or her tax file number is etc.
(1) If:
(a) a TFN claim person makes a statement of the kind set out in subsection 8(4); or
(b) a TFN substitution person makes a statement of the kind set out in subsection 8A(4);
the Secretary can only determine the claim concerned if:
(c) within 28 days after the claim is made, the Commissioner of Taxation tells the Secretary the person's tax file number; or
(d) 28 days pass after the claim is made without the Commissioner of Taxation telling the Secretary that the person has no tax file number.
Statement that an application for a tax file number is pending
(2) If:
(a) a TFN claim person makes a statement of the kind set out in subsection 8(5); or
(b) a TFN substitution person makes a statement of the kind set out in subsection 8A(5);
the Secretary can only determine the claim concerned if:
(c) within 28 days after the claim is made, the Commissioner of Taxation tells the Secretary the person's tax file number; or
(d) 28 days pass after the claim is made without the Commissioner of Taxation telling the Secretary that:
(i) the person has not applied for a tax file number; or
(ii) an application by the person for a tax file number has been refused; or
(iii) the person has withdrawn an application for a tax file number.
(3) If, after the 28 days mentioned in subsection (1) or (2) have passed, the Secretary cannot, because of that subsection, determine the claim, the claim is taken never to have been made.
15A Restriction on determining claim where bank account details not provided
(1) If a person makes a statement of the kind set out in paragraph 7A(2)(b), the Secretary can only determine the claim concerned if, within 28 days after the claim is made, the person nominates, and provides details of, a bank account of a kind referred to in paragraph 7A(2)(a) into which instalments of family tax benefit are to be paid.
(2) If, after the 28 days mentioned in subsection (1) have passed, the Secretary cannot, because of that subsection, determine the claim, the claim is taken never to have been made.
13 Subsections 16(2) and (3)
Repeal the subsections, substitute:
(2) If the Secretary is satisfied that the claimant is, at the time the Secretary makes the determination on the claim, eligible for family tax benefit in accordance with Subdivision A or C of Division 1 of Part 3 of the Family Assistance Act, the Secretary must determine that the claimant is entitled to be paid family tax benefit for each day on which the determination is in force at the daily rate at which the Secretary considers the claimant to be eligible.
14 Paragraph 16(4)(a)
Omit "or (3)".
Note: The heading to subsection (4) is altered by omitting " and (3) ".
15 Paragraph 20(1)(b)
Omit "an amount", substitute "the amount of adjusted taxable income".
16 Paragraph 20(1)(c)
After "individual", insert "or, if the individual has died, another individual making a claim for family tax benefit by single payment/in substitution because of the death of that individual,".
17 At the end of section 20
Add:
(3) If:
(a) an individual's rate of family tax benefit is required to be calculated for the purpose of making a determination under this Division; and
(b) information about the amount of maintenance income needed for the calculation of the rate is not available;
the Secretary may determine the individual's rate of family tax benefit on the basis of an estimate by the Secretary of the amount needed.
18 Subsection 22(2)
Omit "to any extent if", substitute "by reason only that".
19 Subsection 23(1)
Omit "and in such manner as the Secretary considers appropriate", substitute "as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant".
20 At the end of subsection 23(4)
Add:
The payment may be made at such time and in such manner as the Secretary considers appropriate.
21 Subsection 23(5)
Repeal the subsection, substitute:
Secretary may make direction as to the manner of making payments
(5) The Secretary may direct that the whole or a part of an amount which is to be paid for the purposes of this section is to be paid in a different way from that provided for by subsection (1). If the Secretary gives the direction, the amount is to be paid in accordance with the direction.
22 Before subsection 23(6)
Insert:
Early payment of FTB instalment in particular cases
(5A) If the Secretary is satisfied that an instalment amount that would, apart from this subsection, be paid under this section on a particular day cannot reasonably be paid on that day, the Secretary may direct that the instalment amount be paid on an earlier day.
23 Subsection 23(6)
Omit "to 228 (which deal with other debts etc.)", substitute "and 226 (which deal with tax debts)".
24 At the end of subsection 24(2)
Add:
The payment may be made at such time and in such manner as the Secretary considers appropriate.
25 Subsection 24(3)
Repeal the subsection.
26 Subsection 24(4)
Omit "to 228 (which deal with other debts etc.)", substitute "and 226 (which deal with tax debts)".
27 Section 25
Omit "the regulations", substitute "a written notice given to the claimant under section 25A".
28 After section 25
Insert:
25A Secretary's power to approve a manner of notification
(1) The Secretary must approve a manner of notification that a claimant is to use when notifying the Secretary of a thing under section 25.
(2) The Secretary must, by written notice, notify the claimant of the approved manner of notification.
29 After section 26
Insert:
26A Secretary's power to require bank account details
If:
(a) a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment; and
(b) the claimant has not nominated a bank account into which instalments of family tax benefit are to be paid;
the Secretary may require the claimant to give the Secretary, within 28 days of the requirement being made, details of a bank account maintained by the claimant alone, or jointly or in common with someone else, into which instalments of family tax benefit are to be paid.
30 Paragraph 27(3)(b)
Repeal the paragraph, substitute:
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 26(3); and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has no tax file number;
Note: The heading to subsection 27(3) is replaced by the heading " Statement made by TFN determination person under subsection 26(3) ".
31 Paragraph 27(4)(b)
Repeal the paragraph, substitute:
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 26(4); and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;
Note: The heading to subsection 27(4) is replaced by the heading " Statement made by TFN determination person under subsection 26(4) ".
32 After subsection 27(4)
Insert:
Statement made by TFN claim person under subsection 8(4)
(4A) If:
(a) a TFN claim person has made a statement of the kind set out in subsection 8(4); and
(b) a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment or for a past period; and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has no tax file number;
the consequence in subsection (5) applies.
Statement made by TFN claim person under subsection 8(5)
(4B) If:
(a) a TFN claim person has made a statement of the kind set out in subsection 8(5); and
(b) a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment or for a past period; and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;
the consequence in subsection (5) applies.
33 Subsection 27(5)
Omit "or (4)", substitute ", (4), (4A) or (4B)".
34 Paragraph 27(6)(b)
Omit "concerned", substitute "or TFN claim person, as the case requires".
35 After section 27
Insert:
27A Variation of instalment entitlement determination where failure to provide bank account details
Non - compliance with requirement
(1) If:
(a) the claimant is subject to a requirement under section 26A; and
(b) the claimant does not comply with the requirement within 28 days of the requirement being made;
then, subject to subsection (2), the consequence in subsection (3) applies.
Exemption from requirement under section 26A
(2) The Secretary may determine that the consequence in subsection (3) does not apply if the Secretary considers that it is appropriate to exempt the claimant from the consequence.
Variation of determination
(3) For the purposes of subsection (1), the consequence is that the Secretary may vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day, on which the determination was or will be in force, after the end of the last instalment period before the variation takes place.
Consequence of Secretary later becoming aware of bank account details
(4) If:
(a) under subsection (3), the Secretary varies the determination; and
(b) the Secretary finds out the bank account details of the claimant concerned before the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (3).
36 After section 28
Insert:
28A Variation of instalment entitlement determination where estimate of an amount is not reasonable
(1) This section applies if:
(a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment; and
(b) the claimant gives the Secretary an estimate of the amount of adjusted taxable income needed by the Secretary to calculate the claimant's rate of family tax benefit; and
(c) the Secretary does not consider the estimate to be reasonable.
Consequence of section applying
(2) If this section applies, the Secretary must vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day, on which the determination was or will be in force, after the end of the last instalment period before the variation takes place.
Consequence of later provision of reasonable estimate or Secretary finding out the actual amount
(3) If:
(a) under subsection (2), the Secretary varies the determination; and
(b) either:
(i) the claimant provides an estimate of the amount that the Secretary considers reasonable by the end of the income year following the one in which the variation took effect; or
(ii) the Secretary finds out the actual amount needed to calculate the claimant's rate of family tax benefit (whether from the claimant or someone else) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (2).
28B Variation of instalment entitlement determination where claim made for another payment type
(1) This section applies if:
(a) a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment in respect of an individual; and
(b) the individual is either:
(i) an FTB child of the claimant; or
(ii) an individual in respect of whom an approved care organisation is the claimant; and
(c) the individual makes a claim for one of the following:
(i) a social security pension;
(ii) a social security benefit;
(iii) payments under a program included in the programs known as Labour Market Programs;
(iv) if the individual is aged 16 or more--payments under a prescribed educational scheme.
Consequence of section applying if the individual is the claimant's only FTB child or the claimant is an approved care organisation
(2) If:
(a) this section applies because the individual is an individual in respect of whom the claimant is an approved care organisation; or
(b) this section applies because the individual is the only FTB child of the claimant;
the Secretary must vary the determination so that it has the effect that the claimant is not entitled to be paid family tax benefit for any day on which the determination was or will be in force, after the end of the last instalment period before the variation takes place or from a later day determined by the Secretary.
Consequence of section applying if the individual is not the claimant's only FTB child
(3) If:
(a) this section applies because the individual is the FTB child of the claimant; and
(b) the individual is not the claimant's only FTB child;
the Secretary must vary the determination so that it has the effect that the daily rate of family tax benefit for which the claimant is entitled under the determination does not take into account the child who has made a claim for a payment listed in paragraph (1)(c). The determination takes effect from the day after the end of the claimant's last instalment period before the variation takes place or from a later day determined by the Secretary.
Consequence of later rejection etc. of individual's claim
(4) If:
(a) under subsection (2) or (3), the Secretary varies the determination; and
(b) the individual's claim for the payment is rejected, withdrawn or taken not to have been made;
the Secretary must vary the determination to undo the effect mentioned in subsection (2) or (3), as the case may be.
37 Subsection 31(1)
Repeal the subsection, substitute:
(1) If:
(a) a determination is made under section 16 that a claimant is entitled to be paid family tax benefit by instalment; and
(b) after the determination is made an event occurs; and
(c) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination immediately after the occurrence, he or she would conclude:
(i) that the claimant was no longer eligible for family tax benefit; or
(ii) that the claimant was still so eligible but that the rate of family tax benefit should be a different rate to the rate previously determined;
the Secretary must, subject to subsection (2):
(d) if subparagraph (c)(i) applies--vary the determination so that the claimant is not entitled to be paid family tax benefit with effect from the date of occurrence; and
(e) if subparagraph (c)(ii) applies--vary the determination so as to establish the different rate with effect from the date of occurrence.
(1A) For the purpose of subsection (1), the occurrence of an event includes the expiration of a period of time if the expiration of that period is relevant to the operation of this Act.
(1B) The reference in subsection (1) to the occurrence does not include the occurrence of any event:
(a) that causes the claimant to provide a revised estimate of the claimant's adjusted taxable income to the Secretary; or
(b) that causes the Secretary to revise an estimate of the claimant's maintenance income;
unless:
(c) the event also affects the claimant's eligibility for family tax benefit, or the rate of family tax benefit payable to the claimant, for a reason other than the amount of the claimant's adjusted taxable income or maintenance income; or
(d) the event is the claimant's becoming, or ceasing to be, a member of a couple.
38 Paragraph 31(2)(a)
Omit "change in the claimant's circumstances", substitute "occurrence of the event".
39 Paragraph 31(2)(a)
Omit "change" (second occurring), substitute "event"
40 Paragraph 31(2)(b)
Omit "change", substitute "occurrence of the event"
41 Subsection 31(2)
Omit "change" (last occurring), substitute "event"
42 Paragraph 31(3)(a)
Omit "28,", substitute "27A, 28, 28A, 28B,".
Note: The heading to subsection 31(3) is replaced by the heading " Sections 27, 27A, 28, 28A, 28B, 29 and 30 variations prevail ".
43 After section 31
Insert:
(1) If:
(a) a determination is in force on a particular day under which a claimant is entitled to be paid family tax benefit by instalment; and
(b) that determination includes a determination of the claimant's rate of family tax benefit worked out on the basis of an estimate of the claimant's adjusted taxable income in a particular income year; and
(c) the claimant, at any time before or during that income year, provides the Secretary with a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 31(1B)(c) or (d) applies; and
(d) the Secretary considers the revised estimate to be reasonable; and
(e) if the claimant's rate of family tax benefit were calculated using the revised estimate--a new rate of family tax benefit would be required;
the Secretary must vary the determination so that the claimant's rate of family tax benefit is determined on the basis of that revised estimate.
(2) A variation of a determination under subsection (1) has effect:
(a) if it results in an increase in the claimant's rate of family tax benefit:
(i) unless subparagraph (ii) applies--from the day on which the revised estimate was provided to the Secretary; or
(ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)--from that first day; and
(b) if it results in a decrease (including a decrease to nil) in the claimant's rate of family tax benefit:
(i) unless subparagraph (ii) or (iii) applies--from the day on which the revised estimate was provided to the Secretary; or
(ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i) and subparagraph (iii) does not apply--from that first day; or
(iii) if the day after the end of the last instalment period before the variation takes place occurs after the days identified in subparagraphs (i) and (ii)--from the day first - mentioned in this subparagraph.
(3) If:
(a) when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29 or 30; and
(b) the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;
the variation under that section prevails over the variation under this section.
(1) If:
(a) a determination is in force on a particular day under which a claimant is entitled to be paid family tax benefit by instalment; and
(b) that determination includes a determination of the claimant's rate of family tax benefit worked out on the basis of an estimate of the claimant's maintenance income in a particular income year; and
(c) the Secretary, at any time before or during that income year, makes a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 31(1B)(c) or (d) applies; and
(d) if the claimant's rate of family tax benefit were calculated using the revised estimate--a new rate of family tax benefit would be required;
the Secretary must vary the determination so that the claimant's rate of family tax benefit is determined on the basis of that revised estimate.
(2) A variation of a determination under subsection (1) has effect from a day determined by the Secretary, which must not be earlier than either of the following:
(a) the day after the end of the last instalment period before the variation takes place;
(b) the first day of the income year to which the revised estimate relates.
(3) If:
(a) when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29 or 30; and
(b) the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;
the variation under that section prevails over the variation under this section.
44 Subsection 32(2)
Omit "to any extent if", substitute "by reason only that".
45 Subparagraph 33(1)(a)(ii)
Repeal the subparagraph.
46 At the end of subsection 33(1)
Add:
; and (d) the individual is not an individual to whom subsection (1A) applies.
47 After subsection 33(1)
Insert:
(1A) This subsection applies to an individual who, on the advance assessment day, owes a debt to the Commonwealth (whether arising under this Act or not) that is recoverable under Part 4 by means of deductions from the individual's instalments of family tax benefit under section 84.
48 Section 35
Omit "to 228 (which deal with other debts etc.)", substitute "and 226 (which deal with tax debts)".
49 Subsection 46(2)
Omit "to any extent if", substitute "by reason only that".
50 At the end of subsection 47(2)
Add:
The payment may be made at such time and in such manner as the Secretary considers appropriate.
51 Subsection 47(3)
Repeal the subsection.
52 Subsection 47(4)
Omit "to 228 (which deal with other debts etc.)", substitute "and 226 (which deal with tax debts)".
Part 2 -- Amendments relating to child care benefit
Insert:
"amount of the entitlement" , in respect of child care benefit and a person, means:
(a) in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by fee reduction in respect of an income year--the amount referred to in section 51B; and
(b) in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service in an income year--the amount referred to in section 52E; and
(c) in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by a registered carer--the amount referred to in section 52F; and
(d) in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual--the amount referred to in section 53D; and
(e) in the case of an approved child care service in respect of which a determination has been made that the service is entitled to be paid child care benefit by fee reduction for care provided by the service to a child at risk in respect of a financial year--the amount referred to in section 54B.
Insert:
"CCB %" , in respect of an individual, means the CCB % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.
Insert:
"minimum taxable income %" , in respect of an individual, means the minimum taxable income % calculated in respect of the individual under clause 12 of Schedule 2 to the Family Assistance Act.
Insert:
"reporting period" , in respect of an approved child care service, means:
(a) if paragraph (b) does not apply--a quarter beginning on any 1 January, 1 April, 1 July or 1 October; or
(b) if the service is covered by a determination made under subsection (5)--the period specified in the determination.
Insert:
"schooling %" , in respect of an individual, means the schooling % calculated in respect of the individual under subclause 2(2) of Schedule 2 to the Family Assistance Act.
Insert:
"taxable income %" , in respect of an individual, means the taxable income % calculated in respect of the individual under Part 4 of Schedule 2 to the Family Assistance Act.
59 At the end of section 3
Add:
(3) For the purposes of this Act, the CPC rate ( combined pensioner couple rate ) at a particular time is twice the amount that is, at that time, the maximum basic rate of age pension payable to a person under the Social Security Act 1991 in accordance with item 2 of Table B in point 1064 - B1 of Pension Rate Calculator A in section 1064 of that Act .
(4) A reference to a determination is a reference to a determination as originally made or, if the determination has been varied, as varied.
(5) For the purposes of paragraph (b) of the definition of reporting period , the Secretary may determine that a specified period that is not a quarter is the reporting period for:
(a) one approved child care service; or
(b) a class of approved child care services.
(6) If the Secretary makes a determination under subsection (5), the Secretary must give the service, or services concerned, notice of the reporting period determined in respect of the service.
60 Division 4 of Part 3
Repeal the Division, substitute:
Division 4 -- Child care benefit
Subdivision A -- Overview of process of fee reductions
(1) If a determination of conditional eligibility under section 50F is in force during an income year in respect of an individual and a child with the effect that the individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service to the child, the individual's fees for sessions of care provided by an approved child care service to the child while the determination is in force with that effect are reduced by the service.
(2) The amount by which the fees are reduced is referable to the amount of child care benefit that would be paid in respect of the sessions if entitlement to an amount of child care benefit was determined under section 51B on the day the fees are reduced. The amount of fee reduction is calculated by the service using the provisions of the Family Assistance Act.
(3) The fees are reduced in anticipation of a determination of entitlement to be paid child care benefit by fee reduction being made under section 51B in respect of the individual, the child, the sessions and the income year.
(4) When the determination of entitlement is made, if the amount of the entitlement is greater than the amount of the fee reductions already received by the individual in respect of the sessions in the income year, the amount of the entitlement consists of the amount of the difference together with the amount of fee reductions received by the individual.
(5) When the determination of entitlement is made, if the amount of the entitlement is less than the amount of the fee reductions already received by the individual in respect of the sessions in the income year, the amount of the entitlement is the amount of the fee reductions less the amount of the difference.
(6) To reimburse the service the amount of the fee reductions made for care provided by the service to the child, the service receives an advance (see Division 2 of Part 8A).
Subdivision B -- Making claims
(1) Except in the case set out in subsection (2), the only way that a person can become entitled to be paid child care benefit is to make a claim in accordance with this Subdivision.
(2) If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the service to a child at risk, the service (a claimant ) is taken to have made a claim for payment of child care benefit by fee reduction for the care provided by the service to the child. The claim is taken to be made on the first day that the service reports to the Secretary in respect of that eligibility.
(1) The only persons who can make a claim in accordance with this Subdivision are individuals.
(2) An approved child care service that is eligible under section 47 of the Family Assistance Act is, under subsection 49(2), taken to have made a claim.
49B What may be claimed by an individual
An individual (a claimant ) may make a claim:
(a) for payment of child care benefit by fee reduction for care provided by an approved child care service; or
(b) for payment of child care benefit for a past period for care provided by an approved child care service; or
(c) for payment of child care benefit for a past period for care provided by a registered carer; or
(d) for payment of child care benefit by single payment/in substitution because of the death of another individual.
49C Form etc. of effective claim by individual
Requirements for claim by individual to be effective
(1) To be effective:
(a) a claim (other than a claim that is taken to be made under subsection 49(2)) must:
(i) be made in a form and manner; and
(ii) subject to subsections (2), (3) and (4), contain any information; and
(iii) be accompanied by any documents;
required by the Secretary; and
(b) the bank account requirement set out in section 49G must be satisfied in relation to the claim; and
(c) in the case of a claim by an individual for payment of child care benefit for a past period for care provided by an approved child care service--the tax file number requirement in section 49E must be satisfied in relation to the claim; and
(d) in the case of a claim by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service--the tax file number requirement in section 49F must be satisfied in relation to the claim.
Exemption from part of information requirement when claimant making a claim for payment of child care benefit by fee reduction
(2) Subject to section 49H, a claim for payment of child care benefit by fee reduction for care provided by an approved child care service to a child will be effective even though the claimant does not provide all, or some, of the following information:
(a) information about any amount needed by the Secretary to calculate the CCB % applicable to the claimant in respect of the child;
(b) information needed to work out the number of children the claimant has in care of a particular kind;
(c) information as to whether the child is a school child;
(d) information required for checking compliance with paragraph 42(1)(c) of the Family Assistance Act (dealing with immunisation);
(e) the following information:
(i) information relating to the claimant's, and the claimant's partner's (if any), tax file number requested under section 57B;
(ii) information relating to whether the claimant is opting to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
Exemption from part of information requirement when claimant making a claim for payment of child care benefit for a past period for care provided by an approved child care service
(3) Subject to section 49J, a claim for payment of child care benefit for a past period for care provided by an approved child care service to a child will be effective even though the claimant does not provide all, or some, of the following information:
(a) information about the amount needed by the Secretary to calculate the CCB % applicable to the claimant in respect of the child;
(b) information needed to work out the number of children the claimant had in care of a particular kind;
(c) information as to whether the child was a school child.
Exemption from part of information requirement when claimant making a claim for payment of child care benefit by single payment/in substitution for care provided by an approved child care service
(4) Subject to section 49L, a claim for payment of child care benefit by single payment/in substitution for care provided by an approved child care service to a child because of the death of another individual will be effective even though the claimant does not provide all, or some, of the following information:
(a) information about any amount needed by the Secretary to calculate the CCB % applicable to the other individual in respect of the child;
(b) information needed to work out the number of children the other individual had in care of a particular kind;
(c) information as to whether the child was a school child.
49D Deemed claim under subsection 49(2) effective in certain circumstances
(1) Subject to section 49M, if a claim by an approved child care service is taken to have been made under subsection 49(2), the claim is taken to be effective if the service's eligibility under section 47 of the Family Assistance Act is reported by the service to the Secretary.
Form of report required
(2) The report must:
(a) be made in a form and manner; and
(b) contain any information; and
(c) be accompanied by any documents;
required by the Secretary.
(1) This section sets out the tax file number requirement that must be satisfied in relation to a claim by an individual for payment of child care benefit for a past period for care provided by an approved child care service. The requirement is for the purposes of paragraph 49C(1)(c) (which states what is required for these kinds of claims to be effective).
(2) The requirement is that a statement of one of the kinds set out in subsection (3), (4) or (5) must be made in relation to each TFN claim person. However, the requirement does not apply in relation to a TFN claim person if a determination is in force under subsection (7) in relation to the person, or the person has opted as set out in subsection (8).
Statement of tax file number
(3) The first kind of statement that can be made is a statement of the TFN claim person's tax file number. Regardless of who the TFN claim person is, this kind of statement can be made by the claimant only.
Statement that TFN claim person does not know what his or her tax file number is etc.
(4) The second kind of statement that can be made is a statement by the TFN claim person that the person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number--that number.
Statement that an application for a tax file number is pending
(5) The third kind of statement that can be made is a statement by the TFN claim person that the person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person--that number; or
(ii) if the application is refused--that the application has been refused; or
(iii) if the application is withdrawn--that the application has been withdrawn.
How statement to be given
(6) A statement made by the claimant must be in the claim. A statement made by any other TFN claim person must be in a document, in a form approved by the Secretary, that the claimant gives the Secretary together with the claim.
Exemption from tax file number requirement if Secretary determines
(7) The Secretary may determine that the requirement in subsection (2) does not apply to a TFN claim person if:
(a) the person is, or was, the claimant's partner; and
(b) the claimant cannot obtain from the person:
(i) the person's tax file number; or
(ii) a statement by the person under subsection (4) or (5).
Exemption from tax file number requirement if claimant opts for certain things in the claim form
(8) The requirement in subsection (2) does not apply to a TFN claim person if, in the claim, the person opted to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
(1) This section sets out the tax file number requirement that must be satisfied in relation to a claim by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual. The requirement is for the purposes of paragraph 49C(1)(d) (which states what is required for these kinds of claims to be effective).
(2) The requirement is that a statement of one of the kinds set out in subsection (3), (4) or (5) must be made in relation to each TFN substitution person. However, the requirement does not apply in relation to a TFN substitution person if a determination is in force under subsection (7) or (8), or the claimant has opted as set out in subsection (9).
Statement of tax file number
(3) The first kind of statement that can be made is a statement of a TFN substitution person's tax file number. Regardless of who the TFN substitution person is, this kind of statement can be made by the claimant only.
Statement that TFN substitution person does not know what his or her tax file number is
(4) The second kind of statement that can be made is a statement by a TFN substitution person who was the deceased individual's partner (as referred to in paragraph (b) of the definition of TFN substitution person in subsection 3(1)) that the TFN substitution person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number--that number.
Statement that an application for a tax file number is pending
(5) The third kind of statement that can be made is a statement by the TFN substitution person who was the deceased individual's partner (as referred to in paragraph (b) of the definition of TFN substitution person in subsection 3(1)) that the TFN substitution person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person--that number; or
(ii) if the application is refused--that the application has been refused; or
(iii) if the application is withdrawn--that the application has been withdrawn.
How statement to be given
(6) A statement made by the claimant must be made in the claim. A statement made by a TFN substitution person must be in a document, in a form approved by the Secretary, that the claimant gives the Secretary together with the claim.
Exemption from tax file number requirement
(7) The Secretary may determine that the requirement in subsection (2) does not apply in relation to a TFN substitution person if the claimant does not know the person's tax file number.
(8) The Secretary may determine that the requirement in subsection (2) does not apply in relation to a TFN substitution person if the claimant cannot obtain a statement referred to in subsection (4) or (5) in respect of the person.
(9) The requirement in subsection (2) does not apply in relation to a TFN substitution person if, in the claim, the claimant opted to have the CCB % applicable to the person calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
(1) This section sets out the bank account requirement that must be satisfied in relation to a claim by an individual for payment of child care benefit for the purposes of paragraph 49C(1)(b) (which states what is required for claims by individuals for child care benefit to be effective).
Requirement concerning bank account details
(2) The requirement is that the claimant provide:
(a) details of a bank account maintained by the claimant alone or jointly or in common with someone else into which are to be paid:
(i) amounts of child care benefit; or
(ii) in the case of child care benefit by fee reduction--the amount of the difference referred to in subsection 56(1); or
(b) a statement that the claimant will nominate, and provide details of, such a bank account, within 28 days after the claim is made.
How details or statement to be given
(3) The bank account details or statement must be provided in the claim.
Exemption from bank account requirement
(4) The Secretary may determine that the requirement in subsection (2) does not apply to a claimant if the Secretary considers that it is appropriate to exempt the claimant from the requirement.
49H Restrictions on claims by an individual for payment of child care benefit by fee reduction
Claims to which section applies
(1) This section applies to a claim by an individual for payment of child care benefit by fee reduction for care provided by an approved child care service to a child (a fee reduction claim ).
Previous claim by individual for child care benefit by fee reduction and a conditional eligibility determination has not been made or claimant already conditionally eligible
(2) A fee reduction claim is ineffective if at the time (the determination time ) when the conditional eligibility of the claimant would be determined:
(a) the claimant has previously made a claim for child care benefit by fee reduction in respect of the child; and
(b) either:
(i) a determination of conditional eligibility under section 50F, or of no entitlement under section 50G, has not as yet been made in respect of the previous claim; or
(ii) as a result of the previous claim, a determination is in force that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child.
Previous claim by individual for child care benefit by fee reduction, a conditional eligibility determination is in force but varied with effect that the claimant is not conditionally eligible and the variation can be undone
(3) A fee reduction claim is ineffective if:
(a) at the determination time:
(i) the claimant has previously made a claim for child care benefit by fee reduction in respect of the child; and
(ii) a determination that the claimant is conditionally eligible for child care benefit by fee reduction is in force in respect of the previous claim; and
(iii) that determination has been varied under section 58A, 61A or 62 with the effect that the claimant is not conditionally eligible for any session of care provided to the child after the determination time; and
(b) the determination time is before the end of the income year following the one in which the variation took effect.
Approved child care service is already eligible for child care benefit by fee reduction for care provided to a child at risk
(4) A fee reduction claim is ineffective if, at the determination time, an approved child care service is eligible for child care benefit by fee reduction for care provided by the service to that child.
Restriction in subsection (4) not to apply in certain circumstances
(5) Subsection (4) does not apply to a claim if, in the special circumstances of the claim, the Secretary considers that subsection (4) should not apply.
Claims to which section applies
(1) This section applies to a claim by an individual for payment of child care benefit for a past period for care provided by an approved child care service to a child (a past period claim ).
Claim period must fall within one income year etc.
(2) A past period claim is ineffective if:
(a) the period does not fall wholly within one income year; or
(b) the period does fall wholly within one income year but the claim is made before the end of that income year or after the end of the following income year.
Previous claim by claimant for care provided by an approved child care service for any part of the past period
(3) A past period claim is ineffective if the claimant has previously made a claim for payment of child care benefit for care provided by an approved child care service to the child for any part of the past period (whether or not the claim has been determined).
Subsection (3) does not apply if previous claim by claimant and claimant not entitled for failing to meet a condition in paragraph 44(1)(a), (d) or (e) of the Family Assistance Act
(4) Subsection (3) does not apply if:
(a) the claimant has previously made a claim for payment of child care benefit for care provided to the child in the past period by an approved child care service; and
(b) the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the claimant was not eligible under section 44 of the Family Assistance Act; and
(c) the reason the claimant was not eligible was because the claimant failed to meet the condition in paragraph 44(1)(a), (d) or (e) of that Act.
Individual already conditionally eligible for child care benefit by fee reduction
(5) A past period claim is ineffective if, at any time during the past period, a determination that the claimant was conditionally eligible for child care benefit by fee reduction was in force in respect of the claimant and the child.
Previous claim by claimant for child care benefit by fee reduction, a determination of conditional eligibility is in force but varied with effect that the individual is not conditionally eligible and the variation can be undone
(6) A past period claim is ineffective if:
(a) at the time the claim would be determined (the determination time ):
(i) the claimant had previously made a claim for payment of child care benefit by fee reduction in respect of the child; and
(ii) a determination that the claimant is conditionally eligible for child care benefit by fee reduction is in force in respect of the previous claim; and
(iii) that determination has been varied under section 58A, 61A or 62 with the effect that the claimant is not conditionally eligible for any session of care provided to the child after the determination time; and
(b) the claim is made before the end of the income year following the one in which the variation mentioned in subparagraph (a)(iii) took effect.
Approved child care service is already eligible for child care benefit by fee reduction for care provided by the service to a child at risk
(7) A past period claim is ineffective in respect of any part of a past period during which an approved child care service was eligible for child care benefit by fee reduction for care provided to the child.
Restriction in subsection (7) not to apply in certain circumstances
(8) Subsection (7) does not apply to a claim if, in the special circumstances of the claim, the Secretary considers that subsection (7) should not apply.
Claims to which section applies
(1) This section applies to a claim by an individual for payment of child care benefit for a past period for care provided by a registered carer to a child (a past period claim ).
Claim ineffective if relates to periods of care which occurred before the start of the period of 12 months before claim
(2) A past period claim is ineffective if the claim relates to a period of care which occurred before the start of the period of 12 months before the date of claim.
Previous claim by claimant for care provided in a past period by a registered carer
(3) A past period claim is ineffective if the claimant has previously made a claim for payment of child care benefit for care provided by a registered carer to the child for any part of the past period (whether or not the claim has been determined).
Subsection (3) does not apply if previous claim by claimant and claimant not entitled for failing to meet a condition in paragraph 45(1)(a), (f) or (g) of the Family Assistance Act
(4) Subsection (3) does not apply if:
(a) the claimant has previously made a claim for child care benefit for care provided in the past period by a registered carer to the child; and
(b) the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the claimant was not eligible under section 45 of the Family Assistance Act; and
(c) the reason the claimant was not eligible was because the claimant failed to meet the condition in paragraph 45(1)(a), (f) or (g) of that Act.
Claim to which this section applies
(1) This section applies to a claim (a substitution claim ) by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual.
Claim must be made before the end of the income year following the one in which the death occurred
(2) A substitution claim is ineffective if it is made after the end of the income year following the one in which the death of the other individual occurred.
Claim for care provided by an approved child care service where a determination of conditional eligibility was in force cannot be made before the end of the income year in which the death occurred
(3) In the case of a substitution claim for care provided by an approved child care service if a determination of conditional eligibility was in force in respect of the other individual, the claim is ineffective in respect of a period of care provided in a particular income year if it is made before the end of that income year.
Claim for care provided by a registered carer is ineffective in respect of a period earlier than 12 months before death of other individual
(4) In the case of a substitution claim for care provided by a registered carer, the claim is ineffective in respect of a period of care other than the period of 12 months before the death of the other individual.
Previous claim by claimant
(5) A substitution claim in respect of a child and a period is ineffective if the claimant has previously made a substitution claim in respect of the child and the same period because of the death of the same other individual (whether or not that claim has been determined).
Subsection (5) does not apply if previous claim by claimant and other individual not entitled for failure to meet a condition in paragraph 44(1)(a) or (e) of the Family Assistance Act
(6) Subsection (5) does not apply if:
(a) the claimant has previously made a substitution claim for care provided by an approved child care service to the child because of the death of the other individual; and
(b) the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the other individual was not eligible under section 44 of the Family Assistance Act; and
(c) the reason the other individual was not eligible was because of a failure to meet the condition in paragraph 44(1)(a) or (e) of that Act.
Subsection (5) does not apply if previous claim by claimant and other individual not entitled for failure to meet a condition in paragraph 45(1)(a) or (g) of the Family Assistance Act
(7) Subsection (5) does not apply if:
(a) the claimant has previously made a substitution claim for care provided by a registered carer to the child; and
(b) the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the other individual was not eligible under section 45 of the Family Assistance Act; and
(c) the reason the other individual was not eligible was because of a failure to meet the condition in paragraph 45(1)(a) or (g) of that Act.
Individual already conditionally eligible
A claim by an approved child care service for payment of child care benefit by fee reduction for care provided by the service to a child at risk is ineffective if, at the time the care is provided, a determination is in force that an individual is conditionally eligible for child care benefit by fee reduction in respect of the child.
49N Claims may be withdrawn or varied
(1) A claimant who is an individual claiming for payment of child care benefit by fee reduction may withdraw or vary the claim before a determination of conditional eligibility under section 50F, or a determination of no entitlement under section 50G, has been made in respect of the claim.
(2) A claimant who is an individual claiming for:
(a) payment of child care benefit for a past period for care provided by an approved child care service; or
(b) payment of child care benefit for a past period for care provided by a registered carer; or
(c) payment of child care benefit by single payment/in substitution because of the death of another individual;
may withdraw or vary the claim before the claim is determined.
(3) The claimant may only withdraw or vary the claim in a manner determined by the Secretary.
(4) If a claim is withdrawn it is taken never to have been made.
50 Determinations on effective claim
(1) This Subdivision deals with the determinations the Secretary must make on claim, if an individual (the claimant ) has made an effective claim for payment of child care benefit by fee reduction for care provided by an approved child care service to a child (the child ).
(2) If a claim is not effective, it is taken not to have been made.
(3) The Secretary makes these determinations in respect of each child for whom the claimant has made a claim.
(4) The service uses these determinations as a basis for reducing the claimant's fees for sessions of care provided in an income year in respect of which a determination of conditional eligibility is in force. After the end of the income year, a determination of entitlement, or no entitlement (as the case may be), is made under Subdivision D in respect of the individual's claim.
50A Secretary must make determinations
Subject to sections 50D and 50E, on claim, the Secretary must make the determinations referred to in sections 50B and 50C, if required. The determinations must be made in accordance with this Subdivision.
50B Determination of conditional eligibility or no entitlement to be made
Determinations to be made as soon as practicable if tax file number given, claimant exempted or option indicated on claim
(1) If:
(a) the claimant gives the Secretary, as requested under section 57B, a statement of the tax file number of each of the TFN claim persons; or
(b) the claimant gives the Secretary a statement of the claimant's tax file number and the Secretary exempts the claimant's partner, under subsection 57B(6), from giving a statement in relation to the partner's tax file number; or
(c) the claimant opts in the claim form to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %;
the Secretary must make the determination referred to in section 50F or 50G (as appropriate) as soon as practicable.
When determinations must be made if subsection (1) does not apply
(2) If subsection (1) does not apply in respect of the claimant, the Secretary must make the determination referred to in section 50F or 50G (as appropriate) as provided for in section 50D.
50C Other determinations to be made if determination of conditional eligibility is made
If the Secretary makes a determination of conditional eligibility under section 50F, the Secretary must make the following determinations:
(a) a determination of the weekly limit of hours applicable to the claimant and the child under section 50H;
(b) a determination of CCB % applicable to the claimant and the child under section 50J;
(c) a determination of the schooling % applicable to the claimant and the child under section 50K.
50D Restriction on when determinations under section 50F or 50G can be made
Statement about tax file number made on claim
(1) If:
(a) each of the TFN claim persons makes a statement of the kind set out in subsection 57B(3) or (4); or
(b) one of the TFN claim persons makes a statement of the kind set out in subsection 57B(3) or (4) and the other TFN claim person gives a statement of the person's tax file number; or
(c) the TFN claim person who is the claimant makes a statement of the kind set out in subsection 57B(3) or (4) and the Secretary exempts the claimant's partner under subsection 57B(6) from giving a statement in relation to the partner's tax file number;
the Secretary must only make the determination referred to in section 50F or 50G (as appropriate):
(d) after the Commissioner of Taxation tells the Secretary, within 28 days after the claim is made, in respect of each TFN claim person who has made a statement of the kind set out in subsection 57B(3) or (4):
(i) the TFN claim person's tax file number; or
(ii) that the person has not applied for a tax file number; or
(iii) that the person does not have a tax file number; or
(iv) that the application by the person for a tax file number has been refused; or
(v) that the person has withdrawn an application for tax file number; or
(e) after 28 days after the claim is made have passed, if, within the 28 days, the Commissioner for Taxation does not tell the Secretary any of the things in respect of any TFN claim person referred to in paragraph (d).
No statement on claim about tax file number etc.
(2) Subject to subsections (3) and (4), if neither subsection 50B(1) nor subsection (1) of this section apply in respect of the claim, the Secretary must make the determination referred in section 50F or 50G (as appropriate) as soon as practicable.
No statement on claim about tax file number etc. and Secretary's request for tax file number complied with
(3) If:
(a) neither subsection 50B(1) nor subsection (1) of this section apply in respect of the claim; and
(b) the Secretary makes a request under section 57C; and
(c) within 28 days after the request is made, the claimant complies with the request;
the Secretary must only make the determination referred to in section 50F or 50G (as appropriate) when the claimant complies with the request.
No statement on claim about tax file number etc. and Secretary's request for tax file number not complied with
(4) If:
(a) neither subsection 50B(1) nor subsection (1) of this section apply in respect of the claim; and
(b) the Secretary makes a request under section 57C; and
(c) 28 days pass after the request is made without the claimant complying with the request;
the Secretary must only make the determination referred to in section 50F or 50G (as appropriate) when the 28 days have passed.
50E Restriction on determination under section 50F or 50G if bank account details not provided
(1) If the claimant makes a statement of the kind set out in paragraph 49G(2)(b), the Secretary may only make a determination under section 50F or 50G if, within 28 days after the claim is made, the person nominates, and provides details of, a bank account of a kind referred to in paragraph 49G(2)(a) into which the amount of the difference referred to in subsection 56(1) is to be paid.
(2) If, after the 28 days mentioned in subsection (1) have passed, the Secretary cannot, because of that subsection, make a determination under section 50F or 50G, in respect of the claim, the claim is taken never to have been made.
50F Determination of conditional eligibility
If the Secretary is satisfied that the claimant, at the time the Secretary makes the determination, is conditionally eligible under section 42 of the Family Assistance Act in respect of the child, the Secretary must determine that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child.
50G Determination that no entitlement
If the Secretary is not satisfied that the claimant is, at the time the Secretary makes the determination, conditionally eligible under section 42 of the Family Assistance Act in respect of the child, the Secretary must determine that the claimant is not entitled to be paid child care benefit by fee reduction in respect of the child.
50H Determination of weekly limit of hours
(1) If the Secretary makes a determination under section 50F that the claimant is conditionally eligible, the Secretary must determine the weekly limit of hours applicable to the claimant and the child.
(2) The limit is worked out using Subdivision G of Division 4 of Part 3 of the Family Assistance Act as if references in that Subdivision to an individual being eligible under section 43 of that Act were references to the individual being conditionally eligible under section 42 of that Act.
(3) The limit must be either:
(a) 50 hours, if a circumstance listed in subsection 54(2), (4), (6), (13) or (14) of the Family Assistance Act applies to the claimant; or
(b) 20 hours if paragraph (a) does not apply.
(1) If the Secretary makes a determination under section 50F that the claimant is conditionally eligible, the Secretary must determine the CCB % applicable to the claimant and the child.
(2) In making a determination of CCB %, the Secretary must use the provisions in Schedule 2 to the Family Assistance Act as if references in those provisions to a person being eligible were references to a person being conditionally eligible under section 42 of that Act.
50K Determination of schooling %
(1) If the Secretary makes a determination under section 50F that the claimant is conditionally eligible, the Secretary must determine the schooling % applicable to the claimant and the child.
(2) In making a determination of schooling %, the Secretary must use the provisions in Schedule 2 to the Family Assistance Act as if references in those provisions to a person being eligible were references to a person being conditionally eligible under section 42 of that Act.
50L When determinations are in force
(1) Subject to subsections (6) and (7), a determination of conditional eligibility under section 50F in respect of the claimant comes into force:
(a) if no day is specified in the notice of determination--on the day the determination is made; or
(b) on the day specified in the notice of determination;
and remains in force at all times afterwards.
(2) Except in the case mentioned in subsection (4), the Secretary may specify a day, not more than 4 weeks before the day the claim was made by the claimant, as the day the determination is to come into force.
(3) The Secretary may only specify a day under subsection (2) if the Secretary is satisfied that, if the claimant had made the claim on the specified earlier day before the day of the claim, the claimant would have been conditionally eligible on and since that specified earlier day for child care benefit by fee reduction.
(4) The Secretary must not specify a day under subsection (2) if:
(a) a determination of conditional eligibility under section 50F was made in respect of the claim; and
(b) the claim was made while an earlier determination of conditional eligibility was in force with the effect that the claimant was not conditionally eligible as a result of a variation under section 58B (failure to comply with immunisation requirement).
(5) A determination of a weekly limit of hours under section 50H, CCB % under section 50J and schooling % under section 50K in respect of the claimant and the child comes into force at the time the determination of conditional eligibility comes into force and remains in force while the determination of conditional eligibility is in force.
(6) If:
(a) the Secretary makes a determination of conditional eligibility under section 50F in respect of the claimant and the child; and
(b) the Secretary varies the determination of conditional eligibility with the effect that the claimant is not conditionally eligible for any session of care occurring on a day on which the determination was, or will be, in force after the day the variation begins to have effect; and
(c) the claimant makes a later claim for payment of child care benefit by fee reduction;
the determination of conditional eligibility ceases to be in force by force of this subsection on the day a determination comes into force in respect of the later claim.
(7) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of the claimant; and
(b) the claimant informs the Secretary, in the form and manner required by the Secretary, that the claimant wants the determination of conditional eligibility to cease to be in force;
the determination ceases to be in force from a day specified in the notice under subsection (8).
(8) The Secretary must give the claimant, and the approved child care service providing care to the child who was the subject of the claim, notice of the cessation of the determination under subsection (7). The notice must specify the day on which the determination ceases to be in force.
(9) The cessation is not ineffective by reason only that the notice under subsection (8) does not fully comply with the requirements of that subsection.
50M Notice of determinations if claimant conditionally eligible
(1) The Secretary must give notice of determinations made in respect of the claimant under sections 50F, 50H, 50J and 50K to the claimant and the approved child care service, or services, that are, or will be, providing care to the child.
(2) The notice must state:
(a) that a determination of conditional eligibility under section 50F is in force in respect of the claimant; and
(b) the date from which the determination came into force; and
(c) the name of the child in respect of whom the claimant is conditionally eligible; and
(d) the weekly limit of hours, CCB % and schooling % applicable to the claimant and the child; and
(e) that the claimant may apply for review of any of the determinations in the manner set out in Part 5.
(3) The determinations are not ineffective by reason only that any, or all, of the requirements of subsections (1) and (2) are not complied with.
50N When determination of no entitlement is in force
(1) Subject to subsection (2), a determination of no entitlement under section 50G comes into force when it is made and remains in force at all times afterwards.
(2) If:
(a) a determination of no entitlement has been made under section 50G in respect of the claimant; and
(b) the claimant makes a later effective claim for payment of child care benefit by fee reduction, or for a past period, for care provided by an approved child care service;
the determination of no entitlement ceases to be in force on the day a determination comes into force in respect of the second claim.
50P Notice of determination of no entitlement
(1) The Secretary must give notice to the claimant of a determination of no entitlement made in respect of the claimant under section 50G stating:
(a) that the claimant is not entitled to be paid child care benefit by fee reduction in respect of the child; and
(b) that the claimant may apply for review of the determination in the manner set out in Part 5.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
51 Determination to be made if determination of conditional eligibility in force
This Subdivision deals with determination of entitlement if a determination of conditional eligibility under section 50F is in force in respect of an individual (the claimant ) and a child (the child ) at any time during an income year.
51A Secretary must determine entitlement
(1) If a determination of conditional eligibility in respect of the claimant and the child is in force during an income year, the Secretary must determine the claimant's entitlement to be paid child care benefit by fee reduction in respect of the income year.
(2) The determination of entitlement is made after the end of each income year in respect of which the claimant is conditionally eligible in respect of the child.
51B Determination of entitlement
(1) If the Secretary is satisfied that the claimant is eligible under section 43 of the Family Assistance Act for child care benefit by fee reduction in respect of one or more sessions of care provided by an approved child care service to the child during the income year, the Secretary must determine that the claimant is entitled to be paid child care benefit by fee reduction for the sessions:
(a) at the rate for which; and
(b) in the amount for which;
the Secretary considers the claimant eligible.
(2) In making the determination of entitlement, the Secretary takes into account all of the following decisions:
(a) determinations made under this Act and under section 81 of the Family Assistance Act by the Secretary in respect of the claimant and the child;
(b) certificates given by the service in respect of the claimant and the child that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act;
(c) certificates given by the service setting a rate of child care benefit under subsection 76(1) of the Family Assistance Act in respect of the claimant and the child.
51C Determination that no entitlement
If the Secretary is not satisfied that the claimant is eligible as mentioned in section 51B, the Secretary must determine that the claimant is not entitled to be paid child care benefit by fee reduction in respect of that income year.
51D When determination is in force
A determination under this Subdivision comes into force when it is made and remains in force at all times afterwards.
(1) The Secretary must give notice of a determination under this Subdivision to the claimant, stating:
(a) the income year in respect of which the determination is made; and
(b) whether, under the determination, the claimant is entitled to be paid child care benefit by fee reduction for the child for the income year; and
(c) if the claimant is so entitled:
(i) the name of the child in respect of whom the claimant is entitled; and
(ii) the amount of the entitlement; and
(iii) the total amount of the fee reductions (if any) made by an approved child care service providing care to the child, in respect of sessions of care provided to the child during the income year; and
(iv) if the amount of the entitlement is greater than the amount of the fee reductions--the amount of the difference, how it will be paid and to whom it will be paid; and
(v) if the amount of the entitlement is less than the amount of the fee reductions--the amount of the difference, the fact that the amount is a debt, information relating to how, and from whom, the debt will be recovered; and
(d) that the claimant may apply for review of the determination in the manner set out in Part 5.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
52 Determination on effective claim
(1) This Subdivision deals with determination of entitlement if an individual (the claimant ) has made an effective claim for payment of child care benefit for a past period for care provided by an approved child care service or a registered carer to a child (the child ).
(2) If a claim is not effective, it is taken not to have been made.
(3) The Secretary makes a determination of entitlement in respect of each child for whom the claimant has made a claim.
52A Secretary must determine claim
Subject to sections 52B, 52C and 52D, after the effective claim is made by the claimant, the Secretary must determine the claim in accordance with this Subdivision.
52B Restriction on determining claim where bank account details not provided
(1) If the claimant makes a statement of the kind set out in paragraph 49G(2)(b), the Secretary can only determine the claim if, within 28 days after the claim is made, the claimant nominates, and provides details of, a bank account of a kind referred to in paragraph 49G(2)(a) into which the amount of the entitlement to child care benefit is to be paid.
(2) If, after the 28 days mentioned in subsection (1) have passed, the Secretary cannot, because of that subsection, determine the claim, the claim is taken never to have been made.
52C Restriction on determining claim where tax file number not provided etc.
(1) If a TFN claim person makes a statement of the kind set out in subsection 49E(4) or (5), the Secretary can only determine the claim if the Commissioner of Taxation tells the Secretary the person's tax file number.
(2) If the Secretary cannot determine the claim under subsection (1) because the Commissioner of Taxation tells the Secretary that:
(a) the person does not have a tax file number; or
(b) the person has not applied for a tax file number; or
(c) an application by the person for a tax file number has been refused; or
(d) the person has withdrawn an application for a tax file number;
the claim is taken never to have been made.
If:
(a) the claim is one for payment of child care benefit for a past period for care provided by an approved child care service; and
(b) in the claim, the claimant did not opt to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and
(c) one or more TFN claim persons are required to lodge an income tax return for the income year in which the past period falls; and
(d) at the time the claim is made, an assessment has not been made under the Income Tax Assessment Act 1936 of the tax payable on each of those TFN claim persons' taxable income for that income year;
the Secretary can only determine the claim when the assessment has been made.
52E Determination of entitlement--claim for care provided by an approved child care service
If:
(a) the claim is for payment of child care benefit for a past period for care provided by an approved child care service; and
(b) the Secretary is satisfied that the claimant is eligible under section 44 of the Family Assistance Act in respect of the period;
the Secretary must determine that the claimant is entitled to be paid child care benefit for the past period in respect of the child and the amount of the entitlement.
52F Determination of entitlement--claim for care provided by a registered carer
If:
(a) the claim is for payment of child care benefit for a past period for care provided by a registered carer; and
(b) the Secretary is satisfied that the claimant is eligible under section 45 of the Family Assistance Act in respect of the period;
the Secretary must determine that the claimant is entitled to be paid child care benefit for the past period in respect of the child and the amount of the entitlement.
52G Determination that no entitlement
If the Secretary is not satisfied as mentioned in section 52E or 52F, the Secretary must determine that the claimant is not entitled to be paid child care benefit for the past period in respect of the child.
52H When a determination is in force
(1) Subject to subsections (2) and (3), a determination under this Subdivision comes into force when it is made and remains in force at all times afterwards.
(2) If:
(a) the claim is for payment of child care benefit for a past period for care provided by an approved child care service; and
(b) a determination of no entitlement is made under section 52G in respect of the claimant and the child as the claimant is not eligible under section 44 of the Family Assistance Act because of a failure to meet a requirement in paragraph 44(1)(a), (d) or (e) of that Act; and
(c) the claimant makes a later effective claim for payment of child care benefit for a past period for care provided by an approved child care service to the child;
the determination of no entitlement ceases to be in force on the day a determination is made in respect of the later claim.
(3) If:
(a) the claim is for payment of child care benefit for a past period for care provided by a registered carer; and
(b) a determination of no entitlement is made under section 52G in respect of the claimant and the child as the claimant is not eligible under section 45 of the Family Assistance Act because of a failure to meet a requirement in paragraph 45(1)(a), (f) or (g) of that Act; and
(c) the claimant makes a later effective claim for payment of child care benefit for a past period for care provided by a registered carer to the child;
the determination of no entitlement ceases to be in force on the day a determination is made in respect of the later claim.
(1) The Secretary must give notice of a determination under this Subdivision to the claimant, stating:
(a) whether the claimant is entitled to be paid child care benefit for a past period in respect of the child under the determination; and
(b) if the claimant is so entitled:
(i) the name of the child in respect of whom the claimant is entitled; and
(ii) the period in respect of which the determination is made; and
(iii) the amount of the entitlement, how it is to be paid and to whom it will be paid; and
(iv) that the claimant may apply for review of the determination in the manner set out in Part 5.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
53 Determination on effective claim
(1) This Subdivision deals with determination of entitlement if an individual (the claimant ) has made an effective claim for payment of child care benefit by single payment/in substitution because of the death of another individual in respect of a child (the child ).
(2) If a claim is not effective, it is taken not to have been made.
53A Secretary must determine claim
Subject to sections 53B and 53C, after the effective claim is made by the claimant, the Secretary must determine the claim in accordance with this Subdivision.
53B Restriction on determining claim where bank account details not provided
(1) If the claimant makes a statement of the kind set out in paragraph 49G(2)(b), the Secretary can only determine the claim if, within 28 days after the claim is made, the claimant nominates, and provides details of, a bank account of a kind referred to in paragraph 49G(2)(a) into which the amount of the entitlement to child care benefit is to be paid.
(2) If, after the 28 days mentioned in subsection (1) have passed, the Secretary cannot, because of that subsection, determine the claim, the claim is taken never to have been made.
53C Restriction on determining claim where tax file number not provided etc.
(1) If a TFN substitution person makes a statement of the kind set out in subsection 49F(4) or (5), the Secretary can only determine the claim concerned if the Commissioner of Taxation tells the Secretary the person's tax file number.
(2) If the Secretary cannot determine the claim under subsection (1) because the Commissioner of Taxation tells the Secretary that:
(a) the person does not have a tax file number; or
(b) the person has not applied for a tax file number; or
(c) an application by the person for a tax file number has been refused; or
(d) the person has withdrawn an application for a tax file number;
the claim is taken never to have been made.
53D Determination of entitlement
If the Secretary is satisfied that the claimant is eligible for child care benefit under section 46 of the Family Assistance Act in respect of the child, the Secretary must determine that the claimant is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual in respect of the child for the amount the Secretary considers the claimant eligible.
53E Determination that no entitlement
If the Secretary is not satisfied that the claimant is so eligible under section 46 of the Family Assistance Act, the Secretary must determine that the claimant is not entitled, in respect of the child, to be paid child care benefit by single payment/in substitution because of the death of another individual.
53F When a determination is in force
(1) Subject to subsections (2) and (3), a determination under this Subdivision comes into force when it is made and remains in force at all times afterwards.
(2) If:
(a) the claim is for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service to the child; and
(b) a determination of no entitlement is made under section 53E in respect of the claimant because the other individual was not eligible under section 44 of the Family Assistance Act because of a failure to meet a requirement in paragraph 44(1)(a) or (e) of that Act; and
(c) the claimant makes a later effective claim for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by the service to the child;
the determination of no entitlement ceases to be in force on the day a determination is made in respect of the later claim.
(3) If:
(a) the claim is for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by a registered carer to the child; and
(b) a determination of no entitlement is made under section 53E in respect of the claimant because the other individual was not eligible under section 45 of the Family Assistance Act because of a failure to meet a requirement in paragraph 45(1)(a) or (g) of that Act; and
(c) the claimant makes a later effective claim for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by a registered carer to the child;
the determination of no entitlement ceases to be in force on the day a determination is made in respect of the later claim.
(1) The Secretary must give notice of a determination under this Subdivision to the claimant, stating:
(a) whether the claimant is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual in respect of the child under the determination; and
(b) if the claimant is so entitled, the amount of the entitlement, how it is to be paid and to whom it will be paid; and
(c) that the claimant may apply for review of the determination under Part 5.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
54 Determination on effective claim
(1) This Subdivision deals with determination of entitlement if an approved child care service (the claimant ) has made a claim for payment of child care benefit by fee reduction for care provided by the service to a child at risk (the child ).
(2) If a claim is not effective, it is taken not to have been made.
(3) The claimant is taken to have made a claim under subsection 49(2).
(4) A determination of a weekly limit of hours is taken to have been made in respect of the claimant (see section 54C).
54A Secretary must determine claim
If an effective claim is made by the claimant, the Secretary must determine the claim in accordance with this Subdivision.
54B Determination of entitlement
(1) If the claimant is eligible under section 47 of the Family Assistance Act for one or more sessions of care provided by the claimant to the child ( child at risk ) during a financial year, the Secretary must determine:
(a) that the claimant is entitled to be paid child care benefit by fee reduction for the sessions at the rate;
(i) certified by the claimant under subsection 76(2) of the Family Assistance Act; or
(ii) determined by the Secretary under subsection 81(4) of that Act; and
(b) the amount for which the Secretary considers the claimant eligible.
(2) In making the determination of entitlement, the Secretary takes into account all of the following decisions:
(a) certificates given by the claimant that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(4) or a rate under subsection 76(2) of the Family Assistance Act;
(b) determinations made by the Secretary in respect of the claimant.
(3) The Secretary does not determine an approved child care service's eligibility under section 47 of the Family Assistance Act (see section 47 of the Family Assistance Act).
(4) A determination of entitlement is made after the end of the financial year in which the service was eligible under section 47 of the Family Assistance Act for care provided to the child.
(5) A determination of entitlement comes into force when it is made and remains in force at all times afterwards.
54C Determination of weekly limit of hours
(1) If the claimant is eligible under section 47 of the Family Assistance Act for one or more sessions of care provided by the claimant to the child at risk during a financial year, the Secretary is taken to have made a determination of a weekly limit of hours applicable to the service in respect of the child. The limit is 20 hours.
(2) A determination of a weekly limit of hours comes into force immediately after the service becomes eligible under section 47 of the Family Assistance Act and remains in force at all times afterwards.
(1) The Secretary must give notice of a determination under section 54B to the claimant stating:
(a) the name of the child in respect of whom the service is entitled to be paid child care benefit by fee reduction; and
(b) the amount of the entitlement; and
(c) the total amount already received by the claimant in respect of the financial year from one or more payments of an amount of an advance paid to reimburse the claimant the amount of the fee reductions made for care provided by the service to the child; and
(d) if the amount of the entitlement is greater than the total amount--the amount of the difference and how it will be paid; and
(e) if the amount of the entitlement is less than the total amount--the amount of the difference, the fact that the amount is a debt, information relating to how and from whom the debt will be recovered; and
(f) the period or periods in the financial year preceding the one in which the determination under section 54B is made during which the claimant provided the care for which the claimant is eligible; and
(g) that the claimant may apply for review of the determination in the manner set out in Part 5.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
Subdivision H -- Matters relating to determinations
55 Determination of CCB % under section 50J may be based on estimate
(1) If:
(a) a CCB % applicable to a claimant who is an individual is required to be determined under section 50J; and
(b) subparagraph 7(a)(ii) of Part 4 of Schedule 2 to the Family Assistance Act does not apply to the claimant; and
(c) the information about an amount needed by the Secretary for the calculation of the CCB % is not available (for example, because the adjusted taxable income of the claimant or another individual cannot be known until after the end of the relevant income year); and
(d) the claimant gives the Secretary an estimate of the amount needed; and
(e) the Secretary considers the estimate to be reasonable;
the Secretary may determine the CCB % applicable to the claimant on the basis of the estimate.
(2) If the claimant does not give the Secretary an estimate of the amount needed that the Secretary considers reasonable, the CCB % of the claimant will be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
55A Determination of rate under Subdivision F may be based on estimate
(1) If:
(a) an individual's rate of child care benefit for care provided by an approved child care service is required to be calculated for the purpose of making a determination under Subdivision F; and
(b) the information about an amount needed by the Secretary to calculate the CCB % (CCB % is needed to calculate rate) applicable to the individual is not available; and
(c) the claimant gives the Secretary an estimate of the amount needed; and
(d) the Secretary considers the estimate to be reasonable;
the Secretary may determine the rate of child care benefit on the basis of the estimate.
(2) If the claimant does not give the Secretary an estimate of the amount needed that the Secretary considers reasonable, the CCB % is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
55B CCB % applicable to individual when certain other information not provided
If:
(a) either:
(i) an individual's CCB % is required to be determined under section 50J; or
(ii) the rate of child care benefit is required to be calculated for the purpose of making a determination of entitlement under Subdivision E or F; and
(b) the care in the claim concerned is care provided by an approved child care service; and
(c) either of the following situations arises:
(i) the individual, or if the individual has died, another individual making a claim for child care benefit by single payment/in substitution because of the death of that individual, does not give the Secretary information needed to work out the number of children the individual has, or had, in care of a particular kind;
(ii) the claimant opted to have the CCB % calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %;
the CCB % is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
55C CCB % applicable to individual when tax file number information not given
If:
(a) either:
(i) the Secretary makes a determination of conditional eligibility in respect of a claimant under section 50F in the situation referred to in subparagraph 50D(1)(d)(ii), (iii), (iv) or (v); or
(ii) the Secretary makes a determination of conditional eligibility in respect of a claimant under section 50F in the situation referred to in subsection 50D(4); and
(b) the claimant's CCB % is required to be determined under section 50J;
the CCB % is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
55D Schooling % applicable to individual when certain information not provided
If:
(a) either:
(i) an individual's schooling % is required to be determined under section 50K; or
(ii) an individual's rate is required to be calculated for the purpose of making a determination of entitlement under Subdivision E or F for care provided by an approved child care service; and
(b) the individual, or if the individual has died, another individual making a claim for child care benefit by single payment/in substitution because of the death of that individual, does not give the Secretary information about whether the child is a school child;
the Secretary must determine 85% as the schooling %.
56 Payment in respect of claim for child care benefit by fee reduction if claim by individual
(1) If:
(a) a claimant who is an individual is entitled to be paid child care benefit by fee reduction for sessions of care provided by an approved child care service during an income year; and
(b) the fees for those sessions were reduced under section 219A; and
(c) the amount of the entitlement is greater than the total amount of the fee reductions (if any) for those sessions;
the Secretary must pay the amount of the difference to the claimant at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
Making of payments to third parties
(2) The Secretary may pay the whole or part of the amount of the difference to someone other than the claimant, on behalf of the claimant. The payment may be made at such time and in such manner as the Secretary considers appropriate.
Secretary may make direction as to the manner of making payments
(3) The Secretary may direct that the whole or a part of an amount which is to be paid under this section is to be paid in a different way from that provided for by subsection (1). If the Secretary gives the direction, the amount is to be paid in accordance with the direction.
(4) This section is subject to Part 4 (Overpayments and debt recovery).
56A Payment of child care benefit for a past period and by single payment/in substitution
(1) If a claimant who is an individual:
(a) is entitled to be paid child care benefit for a past period for care provided by:
(i) an approved child care service; or
(ii) a registered carer; or
(b) is entitled to be paid child care benefit by single payment/in substitution;
the Secretary must pay the amount of the entitlement to the claimant at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
Making of payments to third parties
(2) The Secretary may pay the whole or part of the amount of the difference to someone other than the claimant, on behalf of the claimant. The payment may be made at such time and in such manner as the Secretary considers appropriate.
Secretary may make direction as to the manner of making payments
(3) The Secretary may direct that the whole or a part of an amount that is to be paid under this section is to be paid in a different way from that provided for by subsection (1). If the Secretary gives the direction, the amount is to be paid in accordance with the direction.
(4) This section is subject to Part 4 (Overpayments and debt recovery).
56B Payment of child care benefit by fee reduction where claim by an approved child care service
(1) If:
(a) a claimant that is an approved child care service is entitled to be paid child care benefit by fee reduction for sessions of care provided by the claimant to a child at risk during a financial year; and
(b) the amount of the entitlement is greater than the total amount already received by the claimant in respect of the financial year from one or more payments of an advance amount paid to reimburse the service the amount of the fee reductions made for care provided by the service to the child;
the Secretary must pay the amount of the difference to the claimant at such time as the Secretary considers appropriate and to the credit of a bank account nominated and maintained by the claimant.
(2) The Secretary may direct that the whole or a part of an amount which is to be paid under this section is to be paid in a different way from that provided for by subsection (1). If the Secretary gives the direction, the amount is to be paid in accordance with the direction.
(3) This section is subject to Part 4 (Overpayments and debt recovery).
Subdivision K -- Obligations to notify change of circumstances
56C Individual's obligation to notify change of circumstances
Individual conditionally eligible and something happens to cause a loss of conditional eligibility
(1) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual; and
(b) either:
(i) anything happens that causes the claimant to cease to be conditionally eligible; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the individual under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
Individual conditionally eligible and something happens to cause a reduction in the CCB %
(2) If:
(a) determinations of conditional eligibility under section 50F and CCB % under section 50J are in force in respect of a claimant who is an individual; and
(b) the CCB % is calculated using Schedule 2 to the Family Assistance Act; and
(c) either:
(i) anything happens that causes a reduction in the CCB %; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
Individual conditionally eligible, has a weekly limit of hours for a reason other than child at risk and something happens to cause a reduction in the weekly limit of hours
(3) If:
(a) determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and
(b) the weekly limit of hours is more than 20 because a circumstance set out in subsection 54(2), (4), (6) or (8) of the Family Assistance Act or subsection 55(2) or (4) of that Act applies to the eligibility of the claimant; and
(c) either:
(i) anything happens that causes a reduction in the weekly limit of hours; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
Individual conditionally eligible, has a 24 hour care limit and the number of 24 hour care periods is reduced
(4) If:
(a) determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and
(b) the weekly limit of hours is a 24 hour care limit with one or more 24 hour care periods; and
(c) either:
(i) anything happens that causes a reduction in the number of 24 hour care periods in the week; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
Individual conditionally eligible and something happens to cause a reduction in schooling %
(5) If:
(a) determinations of conditional eligibility under section 50F and schooling % under section 50K are in force in respect of a claimant who is an individual; and
(b) the schooling % is 100%; and
(c) either:
(i) anything happens that causes a reduction in the schooling % to 85%; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
Individual conditionally eligible, has a rate determined because of hardship and something happens that affects the rate
(6) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child; and
(b) the claimant's rate of child care benefit for a session of care provided to the child is the rate determined by the Secretary under subsection 81(2) of the Family Assistance Act (hardship); and
(c) either:
(i) anything happens that affects the rate determined; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: Imprisonment for 6 months.
56D Approved child care service's obligation to notify of change of circumstances
Service eligible for child care benefit in respect of a child at risk, a weekly limit of hours is determined and something happens to cause a reduction in weekly limit of hours
(1) If:
(a) a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and
(b) a determination of a weekly limit of hours under section 54C in respect of the claimant and the child is in force; and
(c) the weekly limit of hours is more than 20 because a circumstance under subsection 54(3), (5), (7), (9) or (12) or subsection 55(3), (5) or (8) of the Family Assistance Act applies; and
(d) either:
(i) anything happens that causes a reduction in the weekly limit of hours; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: 60 penalty units.
Service eligible for child care benefit in respect of a child at risk and something happens that affects the rate
(2) If:
(a) a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and
(b) a rate, determined by the Secretary in respect of the claimant and the child under subsection 81(4) of the Family Assistance Act, is in force; and
(c) either:
(i) anything happens that would have the effect that the rate should not apply; or
(ii) the claimant becomes aware that anything is likely to happen that will have that effect;
the claimant must, in the manner set out in a written notice given to the claimant under section 57, as soon as practicable after the claimant becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: 60 penalty units.
Individual conditionally eligible, individual's rate is determined because child at risk and something happens that affects the rate
(3) If:
(a) a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and
(b) a determination of conditional eligibility under section 50F is in force in respect of the claimant and the child; and
(c) the rate applicable to the claimant is as determined by the Secretary under subsection 81(3) of the Family Assistance Act; and
(d) either:
(i) anything happens that would have the effect that the rate should no longer apply; or
(ii) the service becomes aware that anything is likely to happen that will have that effect;
the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: 60 penalty units.
Individual conditionally eligible, individual's weekly limit of hours is determined because Secretary considers the child is at risk and something happens to cause a reduction of the weekly limit of hours
(4) If:
(a) a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and
(b) determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of the claimant and the child; and
(c) the weekly limit of hours is such because a circumstance set out in subsection 54(12) or 55(8) of the Family Assistance Act (child at risk) applies to the eligibility of the claimant; and
(d) either:
(i) anything happens that would have the effect that the weekly limit of hours should not be as high; or
(ii) the service becomes aware that anything is likely to happen that will have that effect;
the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: 60 penalty units.
Service determined to be sole provider and ceases to be sole provider
(5) If:
(a) a determination is in force under section 57 of the Family Assistance Act in respect of an approved child care service that the service is the sole provider in an area; and
(b) either:
(i) anything happens that would have the effect that the service would no longer be the sole provider in that area; or
(ii) the service becomes aware that anything is likely to happen that will have that effect;
the service must, in the manner set out in a written notice given to the service under section 57, as soon as practicable after the service becomes aware that the thing has happened or is likely to happen, notify the Secretary that it has happened or is likely to happen.
Penalty: 60 penalty units.
Subdivision L -- Secretary's powers
57 Secretary's power to approve a manner of notification for the purposes of sections 56C and 56D
(1) The Secretary must approve a manner of notification that a person is to use when notifying the Secretary of a thing under section 56C or 56D (change of circumstances).
(2) The Secretary must, by written notice, notify the person of the approved manner of notification.
57A Secretary's power to require bank account details
If:
(a) a determination under section 50F is in force under which a claimant who is an individual is conditionally eligible for child care benefit by fee reduction; or
(b) the claimant has not nominated a bank account into which the amount of the difference referred to in subsection 56(1) is to be paid;
the Secretary may require the claimant to give the Secretary, within 28 days of the requirement being made, details of a bank account maintained by the claimant alone, or jointly or in common with someone else, into which the amount of the difference is to be paid.
57B Secretary's powers to request in claim form tax file number etc. of TFN claim persons
(1) The Secretary may request, in a claim form for child care benefit by fee reduction, that a statement of one of the kinds set out in subsections (2), (3) or (4) is made in relation to each TFN claim person.
Statement of tax file number
(2) The first kind of statement that can be made is a statement of the TFN claim person's tax file number. Regardless of who the TFN claim person is, this kind of statement can be made by the claimant only.
Statement that TFN claim person does not know what his or her tax file number is etc.
(3) The second kind of statement that can be made is a statement by the TFN claim person that the person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number--that number.
Statement that an application for a tax file number is pending
(4) The third kind of statement that can be made is a statement by the TFN claim person that the person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person--that number; or
(ii) if the application is refused--that the application has been refused; or
(iii) if the application is withdrawn--that the application has been withdrawn.
How statement to be given
(5) A statement made by the claimant must be in the claim. A statement made by any other TFN claim person must be in a document, in a form approved by the Secretary, that the claimant gives the Secretary together with the claim.
Exemption from tax file number requirement if Secretary determines
(6) The Secretary may determine that the request in subsection (1) does not apply to a TFN claim person if:
(a) the person is, or was, the claimant's partner; and
(b) the claimant cannot obtain from the person:
(i) the person's tax file number; or
(ii) a statement by the person under subsection (3) or (4).
Exemption from tax file number requirement if claimant opts for certain things in the claim form
(7) The request in subsection (1) does not apply to a TFN claim person if, in the claim, the person opted to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
57C Secretary's power to request tax file numbers etc. of certain TFN claim persons
If:
(a) an individual makes a claim for payment of child care benefit by fee reduction for care provided by an approved child care service; and
(b) the claimant does not opt in the claim to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and
(c) the claimant does not give the Secretary in the claim the tax file number of a TFN claim person; and
(d) the TFN claim person does not make a statement of a kind set out in subsection 57B(3) or (4); and
(e) the Secretary has not exempted the TFN claim person under subsection 57B(6) from giving the person's tax file number or making a statement of a kind referred to in subsection 57B(3) or (4);
the Secretary may request the claimant to give the Secretary, within 28 days of the request being made, the tax file number of a TFN claim person.
57D Secretary's power to request tax file numbers of TFN determination persons
(1) If:
(a) a determination under section 50F is in force under which a claimant who is an individual is conditionally eligible for child care benefit by fee reduction; or
(b) a determination under section 52E is in force under which a claimant who is an individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service;
the Secretary may request the claimant to give the Secretary, within 28 days of the request being made, a statement, in relation to a specified TFN determination person, of whichever of the kinds set out in subsection (2), (3) or (4) the claimant chooses.
Statement of tax file number
(2) The first kind of statement that can be made is a statement of the TFN determination person's tax file number. Regardless of who the TFN determination person is, this kind of statement can be made by the claimant only.
Statement that TFN determination person does not know what his or her tax file number is etc.
(3) The second kind of statement that can be made is a statement by the TFN determination person that the person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number--that number.
Statement that an application for a tax file number is pending
(4) The third kind of statement that can be made is a statement by the TFN determination person that the person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person--that number; or
(ii) if the application is refused--that the application has been refused; or
(iii) if the application is withdrawn--that the application has been withdrawn.
57E Secretary's power to require immunisation details
If a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child with the effect that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child, the Secretary may, by written notice given to the claimant, require that the child meets the immunisation requirement set out in section 6 of the Family Assistance Act in respect of the child within 63 days of the notice.
57F Secretary's power to require data verification information
If a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction, the Secretary may, by written notice given to the claimant, require the claimant to give the Secretary, within the time specified in the notice, the information specified in the data verification form accompanying the notice.
58 Variation where failure to provide tax file number
Non - compliance with request
(1) If:
(a) either:
(i) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; or
(ii) a determination of entitlement under section 52E is in force in respect of a claimant who is an individual to be paid child care benefit for a past period for care provided by an approved child care service; and
(b) the Secretary makes a request under subsection 57D(1) (request for tax file number) of the claimant concerned; and
(c) the claimant does not comply with the request within 28 days of the request being made;
then, subject to subsection (2), the consequence in subsection (5) or (6) applies, as the case requires.
Exemption from request under subsection 57D(1)
(2) The Secretary may determine that the consequence in subsection (5) or (6) does not apply if:
(a) the TFN determination person concerned is or was the claimant's partner; and
(b) the claimant cannot obtain from the person:
(i) the person's tax file number; or
(ii) a statement by the person under subsection 57D(3) or (4).
Statement made by TFN determination person under subsection 57D(3)
(3) If:
(a) the Secretary makes a request under subsection 57D(1); and
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 57D(3); and
(c) the Commissioner of Taxation tells the Secretary that the person has no tax file number;
the consequence in subsection (5) or (6) applies, as the case requires.
Statement made by TFN determination person under subsection 57D(4)
(4) If:
(a) the Secretary makes a request under subsection 57D(1); and
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 57D(4); and
(c) the Commissioner of Taxation tells the Secretary that the person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;
the consequence in subsection (5) or (6) applies, as the case requires.
Variation of determination of CCB %
(5) For the purposes of subsection (1), (3) or (4), if the situation in subparagraph (1)(a)(i) applies, the Secretary may vary the determination of CCB % applicable to the claimant with the effect that the CCB % is to be recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %. The variation takes effect from the Monday after the day the variation is made.
Variation of determination of entitlement in respect of past period claim by individual
(6) For the purposes of subsection (1), (3) or (4), if the situation in subparagraph (1)(a)(ii) applies, the Secretary may vary the determination of entitlement in respect of the past period to which the claim relates.
(7) The variation referred to in subsection (6) has the effect that:
(a) the rate used to calculate the amount of child care benefit that the claimant is entitled to be paid under a determination of entitlement is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and
(b) the claimant is entitled to be paid that amount.
The claimant is only entitled to be paid the amount as recalculated for that period.
Consequence of Secretary later becoming aware of tax file number
(8) If:
(a) under subsection (5) or (6), the Secretary varies the determination; and
(b) the Secretary finds out the tax file number of the TFN determination person concerned:
(i) if subsection (5) applies--before the end of the income year following the one in which the variation took effect; or
(ii) if subsection (6) applies--at any time after the variation took place;
the Secretary must vary the determination to undo the effect mentioned in subsection (5) or (6).
58A Variation where failure to comply with request for bank account details
Non - compliance with request
(1) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual; and
(b) the claimant is subject to a request under section 57A (bank account details); and
(c) the claimant does not comply with the request within 28 days of the request being made;
then, subject to subsection (2), the consequence in subsection (3) applies.
Exemption from consequence in subsection (3)
(2) The Secretary may determine that the consequence in subsection (3) does not apply if the Secretary considers that it is appropriate to exempt the claimant from the consequence.
Variation of determination
(3) For the purposes of subsection (1), the consequence is that the Secretary may vary the determination so that it has the effect that the claimant is not conditionally eligible from the Monday after the end of 28 days following the day the Secretary made the request under section 57A.
Consequence of Secretary later becoming aware of bank account details
(4) If:
(a) under subsection (3), the Secretary varies the determination; and
(b) the Secretary finds out the bank account details of the claimant concerned before the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (3).
58B Variation where failure to comply with requirement to meet immunisation requirement
If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child; and
(b) the Secretary requires the child to meet the immunisation requirement under section 57E; and
(c) the requirement is not met as provided for in that section;
the Secretary must vary the determination with the effect that the claimant is not conditionally eligible from the Monday after the day the variation is made.
Subdivision N -- Variations of determinations if failure to provide data verification
59 Variation for failure to return the data verification form
If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is not returned in the time specified in the request;
the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from 1 July in the income year following the one in which the request was made.
If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) the name and address of the approved child care service requested in the form is not provided;
the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from 1 July in the income year following the one in which the request was made.
If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) any information requested in the form relevant to the claimant's conditional eligibility is not provided;
the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from 1 July in the income year following the one in which the request was made.
(1) If:
(a) determinations of conditional eligibility under section 50F and of schooling % under section 50K are in force in respect of a claimant who is an individual with the effect, in respect of the latter determination, that the schooling % is 100%; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) any information requested in the form relevant to the schooling % is not provided;
the Secretary may vary the determination with the effect that the schooling % is 85% from 1 July in the income year following the one in which the request was made.
Consequence of Secretary later becoming aware of information
(2) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) before the end of the income year following the one in which the variation took effect the claimant gives the information mentioned in subsection (1) or the Secretary finds out the information;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
59D Variation for failure to provide information in the data verification form relating to CCB %
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) any information requested in the form relevant to the CCB %:
(i) is not provided; or
(ii) if the information is provided, and it is an estimate of an amount needed by the Secretary to calculate the CCB %, the Secretary considers that the estimate is not reasonable;
the Secretary may vary the determination with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % from 1 July in the income year following the one in which the request was made.
Consequence of Secretary later becoming aware of the information
(2) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) before the end of the income year following the one in which the variation took effect:
(i) if a situation referred to in subparagraph (1)(d)(i) applies--the claimant provides the information mentioned in that subparagraph; or
(ii) if a situation referred to in subparagraph (1)(d)(ii) applies--the claimant provides a reasonable estimate of the amount mentioned in that subparagraph; or
(iii) the Secretary finds out the actual amount needed to calculate the CCB % (whether from the claimant or someone else);
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
59E Variation where information in the data verification form relating to CCB % affects the CCB %
If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) the information requested in the form relevant to the CCB % is provided; and
(e) the information provided affects the CCB %;
the Secretary must vary the determination of CCB % with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act, using the information provided, from 1 July in the income year following the one in which the request was made.
(1) If:
(a) determinations of conditional eligibility under section 50F and of a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and
(b) the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and
(c) the form is returned within the time specified in the request; and
(d) the information requested in the form relevant to the weekly limit is not provided;
the Secretary may vary the determination of a weekly limit of hours with the effect that the limit is 20 hours from 1 July in the income year following the one in which the request was made.
Consequence of Secretary later becoming aware of the information
(2) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) before the end of the income year following the one in which the variation took effect:
(i) the claimant provides the information mentioned in paragraph (1)(d); or
(ii) the Secretary finds out the information (whether from the claimant or someone else);
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
Subdivision P -- Other variations of
determinations relating to
CCB %
(1) If:
(a) a determination of entitlement under section 52E to be paid child care benefit for a past period for care provided by an approved child care service is in force in respect of a claimant who is an individual; and
(b) the amount of child care benefit that the claimant is entitled to be paid under the determination was calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % as provided for in section 55B; and
(c) one of the following situations arises:
(i) the claimant to whom subparagraph 55B (c)(i) applies gives the Secretary the information needed to work out the number of children in care of a particular kind and provides the tax file number of each of the TFN determination persons;
(ii) the claimant to whom subparagraph 55B (c)(ii) applies informs the Secretary that he or she wants the amount of the entitlement to be recalculated on the basis of the CCB % worked out under Schedule 2 to the Family Assistance Act and provides the tax file number of each of the TFN determination persons;
the Secretary must vary the determination.
(2) The variation has the effect that the amount of benefit that the claimant is entitled to be paid under the determination is recalculated under Schedule 2 to the Family Assistance Act. The claimant is entitled to be paid the difference between the amount as recalculated and the amount of the benefit to which the claimant was previously determined to be entitled.
(1) If:
(a) a determination of entitlement under section 53D to be paid child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service is in force in respect of a claimant who is an individual; and
(b) the amount of child care benefit that the claimant is entitled to be paid under the determination was calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % as provided for in subsection 55A(2) or section 55B; and
(c) one of the following situations arises:
(i) the claimant to whom subsection 55A(2) applies gives the Secretary an estimate of the amount needed to calculate the CCB % used in calculating the amount of the benefit and the Secretary considers the estimate reasonable;
(ii) the claimant to whom subparagraph 55B(c)(i) applies gives the information needed to work out the number of children in care of a particular kind and provides the tax file number of each of the TFN substitution persons;
(iii) the claimant to whom subparagraph 55B(c)(ii) applies informs the Secretary that he or she wants the amount of the entitlement to be recalculated on the basis of the CCB % worked out under Schedule 2 to the Family Assistance Act and provides the tax file number of each of the TFN substitution persons;
the Secretary must vary the determination.
(2) The variation has the effect that the amount of benefit that the claimant is entitled to be paid under the determination is recalculated under Schedule 2 to the Family Assistance Act. The claimant is entitled to be paid the difference between the amount as recalculated and the amount of the benefit to which the claimant was previously determined to be entitled.
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of the claimant who is an individual and the effect of the former determination is that the individual is conditionally eligible for child care benefit by fee reduction; and
(b) the CCB % is calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % because a certain situation referred to in section 55, 55B or 55C arises; and
(c) later, the claimant:
(i) if the situation in subsection 55(2) arose--gives the Secretary an estimate of the amount needed to calculate the CCB %, which the Secretary considers reasonable; or
(ii) if the situation in subparagraph 55B(c)(i) arose--gives the Secretary the information needed to work out the number of children the individual has in care of a particular kind; or
(iii) if the situation in subparagraph 55B(c)(ii) arose--informs the Secretary that he or she wants the CCB % to be worked out under Schedule 2 to the Family Assistance Act, gives the Secretary the tax file number of each TFN determination person and an estimate of the amount needed to have the CCB % recalculated under that Act, which the Secretary considers reasonable; or
(iv) if the situations in section 55C arose--gives the Secretary the tax file number of each TFN determination person;
the Secretary must vary the determination of CCB % with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act.
(2) The variation takes effect from the Monday after the day the variation is made.
(3) After the Secretary makes the variation under subsection (1), the amount of the claimant's entitlement determined under section 51B in respect of the income year:
(a) in which the variation took effect; and
(b) preceding the income year in which the variation took effect;
is calculated, or recalculated, as the case may be, using the CCB % worked out under Schedule 2 to the Family Assistance Act.
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J in force in respect of a claimant who is an individual were made after the period referred to in paragraph 50D(1)(e); and
(b) later, the Commissioner of Taxation tells the Secretary one of the following things:
(i) the TFN determination person has not applied for a tax file number;
(ii) an application by the TFN determination person for a tax file number has been refused;
(iii) the TFN determination person has withdrawn an application for a tax file number;
the Secretary must vary the determination of CCB % with the effect that the CCB % is calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income % .
(2) The variation takes effect from the Monday after the day the variation is made.
Consequence of Secretary later becoming aware of tax file number
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) the Secretary finds out the tax file number of the TFN determination person before the end of the income year following the one in which the variation took effect, the Secretary must vary the determination to undo the effect mentioned in subsection (1).
60D Variation where income tax return not lodged
(1) If:
(a) a determination of entitlement under section 51B is in force in respect of a claimant who is an individual and a particular income year; and
(b) the claimant, or the claimant's partner, or both, are required to lodge an income tax return for the particular income year but have not done so by the end of the second income year (the particular time ) following that particular income year; and
(c) by the particular time, an assessment has not been made under the Income Tax Assessment Act 1936 of the taxable income;
the Secretary may vary the determination.
(2) The variation has the following effect:
(a) the amount of the entitlement for the particular income year for which the Secretary considers the claimant to be eligible is the amount recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and
(b) for that particular income year, the claimant is only entitled to be paid the amount as recalculated.
Consequence of later lodgment of income tax return
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) an assessment has been made under the Income Tax Assessment Act 1936 for the particular income year for everyone:
(i) who was required to lodge an income tax return as mentioned in subsection (1); and
(ii) in respect of whom an assessment had not been made before the determination was varied;
the Secretary must again vary the determination so that it has the effect that the amount of the entitlement for which the Secretary considers the claimant to be eligible is the amount recalculated under Schedule 2 to the Family Assistance Act and, for that particular income year, the claimant is only entitled to the amount as recalculated.
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of the claimant who is an individual and the effect of the former determination is that the individual is conditionally eligible for child care benefit by fee reduction; and
(b) the claimant gives the Secretary, other than in response to a request by the Secretary under section 57F, an estimate of an amount needed by the Secretary to calculate CCB %; and
(c) the Secretary does not consider the estimate to be reasonable;
the Secretary must vary the determination so that it has the effect that the CCB % is calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
(2) The variation takes effect from the Monday after the day the variation is made.
Consequence of later provision of reasonable estimate or Secretary finding out the actual amount
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) either:
(i) a variation under section 65B is made in respect of the claimant, by the end of the income year following the one in which the variation took effect; or
(ii) the Secretary finds out the actual amount needed to calculate the CCB % (whether from the claimant or someone else) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
Subdivision Q -- Variation of determinations relating to conditional eligibility and schooling %
(1) If:
(a) determinations of conditional eligibility under section 50F and of schooling % under section 50K are in force in respect of a claimant who is an individual and the effect of the former determination is that the individual is conditionally eligible for child care benefit by fee reduction; and
(b) the schooling % is determined to be 85% under section 55D; and
(c) later, the claimant provides the information, or the Secretary finds out, that the child is not a school child;
the Secretary must vary the determination of schooling % with the effect that the schooling % is 100%.
(2) The variation takes effect from the Monday after the day the variation is made.
61A Variation where failure to notify that the service has ceased to provide care to child
(1) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the individual is conditionally eligible for child care benefit by fee reduction; and
(b) the Secretary has reason to believe that care has ceased to be provided to the child the subject of the claim by the approved child care service last indicated by the claimant to the Secretary;
the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from the Monday after the day the variation is made.
Consequence of Secretary later finding out that child is receiving care from the service
(2) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) before the end of the income year following the one in which the variation took effect, the Secretary finds out that the child is receiving care from the service;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
62 Variation where failure to provide information relevant to conditional eligibility
(1) If:
(a) a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and
(b) the Secretary, in order to make a decision about the conditional eligibility at any time, requires the claimant, or the claimant's partner, under Division 1 of Part 6, to give information or produce documents; and
(c) the claimant or the claimant's partner refuses or fails to comply with the requirements;
the Secretary may vary the determination with the effect that the claimant is not conditionally eligible from the Monday after the day the variation is made.
Consequence of later provision of information or documents
(2) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
62A Variation where failure to provide information relevant to CCB %
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and
(b) the Secretary, in order to make a decision about the CCB % applicable at any time, requires the claimant, or the claimant's partner, under Division 1 of Part 6, to give information or produce documents; and
(c) the claimant or the claimant's partner refuses or fails to comply with the requirements;
the Secretary may vary the determination of the CCB % with the effect that the CCB % is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
(2) The variation has effect from the Monday after the day the variation is made.
Consequence of later provision of information or documents
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
62B Variation where failure to provide information relevant to schooling %
(1) If:
(a) determinations of conditional eligibility under section 50F and of schooling % under section 50K are in force in respect of a claimant who is an individual with the effect, in respect of the latter determination, that the schooling % is 100%; and
(b) the Secretary, in order to make a decision about the schooling % applicable at any time, requires the claimant, or the claimant's partner, under Division 1 of Part 6, to give information or produce documents; and
(c) the claimant or the claimant's partner refuses or fails to comply with the requirements;
the Secretary may vary the determination of the schooling % with the effect that the schooling % is 85%.
(2) The variation has effect from the Monday after the day the variation is made.
Consequence of later provision of information or documents
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
62C Variation where failure to provide information relevant to a weekly limit of hours
(1) If:
(a) determinations of conditional eligibility under section 50F and of a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and
(b) the Secretary, in order to make a decision about the weekly limit of hours applicable at any time, requires the claimant, or the claimant's partner, under Division 1 of Part 6, to give information or produce documents; and
(c) the claimant or the claimant's partner refuses or fails to comply with the requirements;
the Secretary may vary the determination of the weekly limit of hours with the effect that the limit is reduced to a limit specified by the Secretary.
(2) The variation has effect from the Monday after the day the variation is made.
Consequence of later provision of information or documents
(3) If:
(a) under subsection (1), the Secretary varies the determination; and
(b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).
Subdivision S -- Further variations after certain variations that can be undone
62D Secretary finds out information after undoing period is over
If:
(a) the Secretary makes a variation (the first variation ) of a determination under sections 58, 59C, 59D, 59F, 60C, 60E, 62A, 62B and 62C; and
(b) the period specified under the particular section passes during which the Secretary is required to vary again the determination to undo the effect of the first variation; and
(c) after the period the Secretary is provided with the information, or finds out the information, the lack of which caused the Secretary to make the first variation;
the Secretary must again vary the determination using the information provided or found out with effect from the Monday after this variation.
Subdivision T -- Notice requirement for variations under Subdivision M, N, P, Q, R or S
63 Notice of variation of determinations under Subdivision M, N, P, Q, R or S
(1) The Secretary must give notice of a variation of a determination under Subdivision M, N, P, Q, R or S to the claimant stating the effect of the variation and that the claimant may apply for review of the decision involved in the manner set out in Part 5.
(2) If a determination of conditional eligibility, CCB %, a weekly limit of hours or schooling %, is varied, the Secretary must also give notice of the variation to the approved child care service providing care to the child of the claimant.
(3) The variation is not ineffective by reason only that any, or all, of the requirements of subsection (1) or (2) are not complied with.
64 Determination of weekly limit of hours may be varied
(1) After a determination of a weekly limit of hours has:
(a) been made under section 50H in respect of an individual (a claimant ); or
(b) been taken to have been made under section 54C in respect of an approved child care service (a claimant );
it may be varied as provided for in this Subdivision.
(2) Whether a variation of a determination occurs depends on whether a circumstance listed in section 54, 55 or 56 of the Family Assistance Act applies in a week in respect of a claimant.
64A Varying determination so that a limit of 50 hours in a week applies
Determination to which this section applies
(1) This section applies to a determination of a weekly limit of hours:
(a) in force under section 50H in respect of a claimant who is an individual and a child; or
(b) in force under section 54C, in respect of a claimant that is an approved child care service and a child.
Variation by Secretary on application
(2) A determination to which this section applies may be varied by the Secretary on application so that a limit of 50 hours in a week applies if:
(a) a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (12), (13) or (14) of the Family Assistance Act applies in the week; and
(b) a limit of more than 50 hours does not apply in the week; and
(c) a 24 hour care limit does not apply in the week.
Who may apply
(3) An application under subsection (2) must be made by:
(a) the claimant, if a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (13) or (14) of the Family Assistance Act applies in the week; or
(b) the approved child care service providing care to the child, if a circumstance listed in subsection 54(12) of that Act applies in the week.
Variation is taken to have been made if an approved child care service gives certificate
(4) A determination to which this section applies is taken to have been varied so that a limit of 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 54(10) of the Family Assistance Act in respect of the week.
Section 59F and 62C variations prevail
(5) If:
(a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and
(b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 54(12) of the Family Assistance Act applies in a week.
64B Varying determination so that a limit of more than 50 hours in a week applies
Determination to which this section applies
(1) This section applies to a determination of a weekly limit of hours:
(a) in force under section 50H in respect of a claimant who is an individual and a child; or
(b) in force under section 54C in respect of a claimant that is an approved child care service and a child.
Variation by Secretary on application
(2) A determination to which this section applies may be varied by the Secretary on application so that a limit of more than 50 hours in a week applies if:
(a) a circumstance listed in subsection 55(2), (3), (4), (5) or (8) of the Family Assistance Act applies in the week; and
(b) a 24 hour care limit does not apply in the week.
Amount of limit
(3) If the Secretary varies the determination because a circumstance listed in the section referred to in paragraph (2)(a) applies, the amount of the limit of hours more than 50 is the particular number of hours worked out using the relevant subsection.
Who may apply
(4) An application under subsection (2) must be made by:
(a) the claimant, if a circumstance listed in subsection 55(2), (3), (4) or (5) of the Family Assistance Act applies in the week; or
(b) the approved child care service providing the care to the child, if a circumstance listed in subsection 55(8) of the Family Assistance Act applies in the week.
Variation if an approved child care service gives certificate
(5) A determination to which this section applies is taken to have been varied so that a limit of more than 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 55(6) of the Family Assistance Act in respect of the week. The amount of the limit of hours more than 50 is the particular number of hours worked out by the service using that subsection.
Section 59F and 62C variations prevail
(6) If:
(a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and
(b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 55(8) of the Family Assistance Act applies in a week.
64C Varying determination so that a 24 hour care limit in a week applies
Determination to which this section applies
(1) This section applies to a determination of a weekly limit of hours:
(a) in force under section 50H in respect of a claimant who is an individual and a child; or
(b) in force under section 54C in respect of a claimant that is an approved child care service and a child.
Variations by Secretary on application
(2) A determination to which this section applies may be varied by the Secretary on application so that a 24 hour care limit in a week applies if the circumstances listed in subsection 56(6) or (8) of the Family Assistance Act apply in the week.
Who may apply
(3) An application under subsection (2) must be made by the claimant.
Variation if an approved child care service gives certificate
(4) A determination to which this section applies is taken to have been varied so that a 24 hour care limit in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 56(3) or (4) of the Family Assistance Act in respect of the week.
Section 59F and 62C variations prevail
(5) If:
(a) when a variation under this section takes place, a variation is in force under section 59F or 62C; and
(b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section.
64D Varying determination so that a limit of 20 hours in a week applies
Determination to which this section applies
(1) This section applies to a determination of a weekly limit of hours:
(a) in force under section 50H in respect of a claimant who is an individual and a child; or
(b) in force under section 54C, in respect of a claimant that is an approved child care service and a child.
Variation by Secretary to 20 hour limit
(2) A determination to which this section applies may be varied by the Secretary so that a limit of 20 hours applies in a week if a limit of 50 hours, more than 50 hours or a 24 hour care limit does not apply in the week.
64E Notice of variation of determination under this Subdivision
(1) If a determination of a weekly limit of hours is varied by the Secretary under this Subdivision, the notice of variation must:
(a) be given to the claimant, unless the claimant is an individual and the variation is made because a circumstance listed in subsection 54(12) or 55(8) of the Family Assistance Act applies in the week; and
(b) if the claimant is an individual--be given to the approved child care service providing care to the child; and
(c) state the effect of the variation, including in particular:
(i) if the variation is to have, or had, effect for a period of one or more weeks--the period of one or more weeks that the variation is to have, or had, the effect; and
(ii) if the variation is to have the effect indefinitely--a date from which the determination has the effect; and
(iii) if the variation is to have, or had, the effect that the weekly limit of hours is to be more than 50 hours--the particular number of hours more than 50; and
(iv) if the variation is to have, or had, the effect that the weekly limit of hours is a 24 hour care limit--the number of 24 hour care periods in each week during which the variation has, or had, the effect; and
(d) state that the claimant may apply for review of the decision involved in the manner set out in Part 5.
(2) The variation is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
An application under this Subdivision must:
(a) be made in the form and manner; and
(b) contain any information; and
(c) be accompanied by any documents;
required by the Secretary.
Subdivision V -- Variations of determinations for changes in circumstances
(1) If:
(a) a determination of conditional eligibility under section 50F is made in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible; and
(b) after the determination is made, an event occurs; and
(c) the determination has the effect as set out in paragraph (a) at some time after the occurrence; and
(d) when the Secretary becomes aware of the occurrence of the event, the Secretary considers that, if he or she were making the determination immediately after the occurrence, he or she would not have made the determination but instead would have made a determination of no entitlement in respect of the claimant;
the Secretary must vary the determination of conditional eligibility so that the claimant is not conditionally eligible with effect from the date of the occurrence.
(2) For the purpose of subsection (1), the occurrence includes the expiration of a period of time if the expiration is relevant to the operation of this Act.
65A Variation of determination of CCB % to reflect changes in CCB %
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are made in respect of a claimant who is an individual; and
(b) after the determinations are made, an event occurs; and
(c) the determination of conditional eligibility has, at some time after the occurrence, the effect that the claimant is conditionally eligible ; and
(d) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination of CCB % immediately after the occurrence, the CCB % would be different to the CCB % previously determined;
the Secretary must, subject to subsection (4), vary the determination of CCB % with effect from the date of the occurrence.
(2) For the purpose of subsection (1), the occurrence of an event includes the expiration of a period of time if the expiration is relevant to the operation of this Act.
(3) The reference in subsection (1) to the occurrence does not include the occurrence of any event that causes the claimant to provide a revised estimate of the claimant's adjusted taxable income to the Secretary unless:
(a) the event also affects the claimant's CCB % for a reason other than the amount of the claimant's adjusted taxable income; or
(b) the event is the claimant's becoming, or ceasing to be, a member of a couple.
Beneficial variations only to have limited effect
(4) If:
(a) the Secretary does not become aware of the occurrence until after the end of the income year (the second income year ) following the one in which the event occurred; and
(b) the claimant did not notify the Secretary of the event before the end of the second income year; and
(c) apart from this subsection, the Secretary would be required by subsection (1) to vary the determination so as to increase the claimant's CCB % under the determination;
the Secretary must vary the determination so that it has that effect only from the beginning of the income year that precedes the one in which the Secretary becomes aware of the event.
Section 58, 59D, 60C, 60D, 60E and 62A variations prevail
(5) If:
(a) when a variation under this section takes place, a variation is in force under section 58, 59D, 60C, 60D, 60E or 62A; and
(b) the variation under section 58, 59D, 60C, 60D, 60E or 62A has effect for any period when the variation under this section would have effect;
the variation under section 58, 59D, 60C, 60D, 60E or 62A prevails over the variation under this section.
65B Variation of determination of CCB % to reflect revised adjusted taxable income estimates
(1) If:
(a) determinations of conditional eligibility under section 50F and of CCB % under section 50J are made in respect of a claimant who is an individual and the effect of the former determination is that the individual is conditionally eligible for child care benefit by fee reduction; and
(b) the CCB %:
(i) is worked out on the basis of an estimate of the claimant's adjusted taxable income in a particular income year; or
(ii) is varied under section 60E; and
(c) the claimant, at any time before or during that income year, provides the Secretary with a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 65A(3)(a) or (b) applies; and
(d) the Secretary considers the revised estimate to be reasonable; and
(e) if the claimant's CCB % were calculated using the revised estimate--a new CCB % would be required;
the Secretary must vary the determination of CCB % so that it is determined on the basis of that revised estimate.
(2) A variation of a determination under subsection (1) has effect:
(a) if it results in an increase in the claimant's CCB %:
(i) unless subparagraph (ii) applies--from the Monday after the day the variation is made; or
(ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)--from that first day; and
(b) if it results in a decrease in the claimant's CCB %:
(i) unless subparagraph (ii) applies--from the Monday after the day the variation is made; or
(ii) if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)--from that first day.
Section 58, 59D, 60C, 60D, 60E and 62A variations prevail
(3) If:
(a) when a variation under this section takes place, a variation is in force under section 58, 59D, 60C, 60D, 60E or 62A; and
(b) the variation under section 58, 59D, 60C, 60D, 60E or 62A has effect for any period when the variation under this section would have effect;
the variation under section 58, 59D, 60C, 60D, 60E or 62A prevails over the variation under this section.
65C Variation of determination of schooling % to reflect changes in schooling %
(1) If:
(a) determinations of conditional eligibility under section 50F and of schooling % under section 50K are made in respect of a claimant who is an individual; and
(b) after the determinations are made, an event occurs; and
(c) the determination of conditional eligibility has, at some time after the occurrence, the effect that the claimant is conditionally eligible ; and
(d) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination of schooling % immediately after the occurrence, the schooling % would be different to the schooling % previously determined;
the Secretary must, subject to subsection (2), vary the determination of schooling % with effect from the date of the occurrence.
Beneficial variations only to have limited effect
(2) If:
(a) the Secretary does not become aware of the event until after the end of the income year (the second income year ) following the one in which the event occurred; and
(b) the claimant did not notify the Secretary of the event before the end of the second income year; and
(c) apart from this subsection, the Secretary would be required by subsection (1) to vary the determination so as to increase the claimant's schooling % under the determination;
the Secretary must vary the determination so that it has that effect only from the beginning of the income year that precedes the one in which the Secretary becomes aware of the event.
Section 59C and 62B variations prevail
(3) If:
(a) when a variation under this section takes place, a variation is in force under section 59C or 62B; and
(b) the variation under section 59C or 62B has effect for any period when the variation under this section would have effect;
the variation under section 59C or 62B prevails over the variation under this section.
(1) If:
(a) determinations of conditional eligibility under section 50F and of a weekly limit of hours under section 50H are made in respect of a claimant who is an individual; and
(b) after the determination is made, an event occurs; and
(c) the determination of conditional eligibility has, at some time after the event, the effect that the claimant is conditionally eligible ; and
(d) when the Secretary becomes aware of the change, the Secretary considers that, if he or she were making the determination of a weekly limit of hours immediately after the event, the weekly limit of hours would be different to the weekly limit of hours previously determined;
the Secretary must, subject to subsection (3), vary the determination of a weekly limit of hours so as to determine the weekly limit of hours with the effect from the day of the occurrence.
(2) For the purpose of subsection (1), the occurrence includes the expiration of a period of time if the expiration is relevant to the operation of this Act.
Beneficial variations only to have limited effect
(3) If:
(a) the Secretary does not become aware of the occurrence in the claimant's circumstances until after the end of the income year (the second income year ) following the one in which the event occurred; and
(b) the claimant did not notify the Secretary of the event before the end of the second income year; and
(c) apart from this subsection, the Secretary would be required by subsection (1) to vary the determination so as to increase the claimant's weekly limit of hours under the determination;
the Secretary must vary the determination so that it has that effect only from the beginning of the income year that precedes the one in which the Secretary becomes aware of the event.
Section 59F and 62C variations prevail
(4) If:
(a) when a variation under this section takes place, a variation is in force under section 59F or 62C; and
(b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section.
65E Notice of variation under this Subdivision
(1) The Secretary must give notice of any variation of a determination under this Subdivision to the claimant and to the approved child care service providing care to the child of the claimant, stating the effect of the variation and that the claimant may apply for review of the decision involved in the manner set out in Part 5.
(2) The variation is not ineffective by reason only that any or all the requirements of subsection (1) are not complied with.
61 After Part 8
Insert:
Part 8A -- Obligations of, and advances to, approved child care services
Division 1 -- Obligations of approved child care services
219A Obligation to act on notices received or certificates given
(1) This section sets out the obligations that apply to an approved child care service in respect of care the service provides to the child of an individual in relation to whom a determination of conditional eligibility under section 50F for child care benefit by fee reduction for care provided by an approved child care service was made.
(2) If the service:
(a) receives a notice as set out in column 1 of the table (see all items except items 2 and 6) in respect of the individual and the child; or
(b) gives a certificate applicable to the individual and the child (see items 2 and 6 of the table);
the service must act to do the things set out in column 2 of the table in respect of the notice or certificate. The service must do the thing required as soon as is practicable.
Penalty: 60 penalty units.
Obligation to act on notices received and certificates given | ||
| Column 1 Notice or certificate | Column 2 Action required to be done by service |
1 | Notice under section 50M that the individual has been determined to be conditionally eligible | The service must take the following action: (a) calculate the rate of fee reductions applicable to the individual and a session of care provided by the service to the child using: (i) the CCB % and the schooling % applicable to the individual under determinations made under sections 50J and 50K; and (ii) Schedule 2 to the Family Assistance Act as required by Division 4 of Part 4 of that Act; (b) using that rate and the weekly limit of hours applicable to the individual under a determination made under section 50H, calculate the amount of the fee reductions in respect of the individual, the child and the session; (c) reduce the fees to be paid for the session by the amount of the fee reductions; (d) charge only the reduced fees for the session; (e) reimburse the individual the amount of the fee reductions worked out in respect of the individual and the sessions provided by the service to the child during the period commencing on the day the determination of conditional eligibility comes into force and ending on the day the service starts reducing fees as a result of the notice. |
2 | Service certifies a rate applicable to the individual and the child under subsection 76(1) of the Family Assistance Act in respect of a session of care provided by the service to the child | The service must take the following action: (a) using the rate applicable to the individual, the child and the session, calculate the amount of the fee reductions in respect of the individual, the child and the session; (b) reduce the fees to be paid for the session by the amount of the fee reductions; (c) charge only the reduced fees for the session. |
3 | Notice that the Secretary has determined a rate applicable to the individual and the child under subsection 81(2) or (3) of the Family Assistance Act in respect of a session of care provided by the service to the child | If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the determination takes effect; the service must take the following action in respect of the session: (c) using the rate applicable to the individual, the child and the session, calculate the amount of the fee reductions in respect of the individual, the child and the session; (d) reduce the fees to be paid for the session by the amount of the fee reductions; (e) charge only the reduced fees for the session. |
4 | Notice of a variation of the determination of conditional eligibility made under section 58A, 58B, 59, 59A, 59B, 61A, 62 or 65 with the effect that the individual is not conditionally eligible
| The service must cease to reduce fees, for a reason to do with child care benefit, for sessions of care provided by the service on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect. |
5 | Notice under subsection 50L(8) that the determination of conditional eligibility in respect of the individual and the child has ceased to be in force | The service must cease to reduce fees, for a reason to do with child care benefit, for sessions of care provided by the service on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the determination has ceased to be in force. |
6 | Notice of a variation of the determination of the weekly limit of hours applicable to the individual and the child made under section 59F, 62C, 62D, 64A, 64B, 64C, 64D or 65D | If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the limit as varied in calculating the individual's amount of fee reductions for the session; (d) reduce the fees to be paid for the session by the amount of the fee reductions; (e) charge only the reduced fees for the session. |
7 | Service gives a certificate relating to a weekly limit of hours applicable to the individual and the child for sessions of care occurring in a week under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act | The service must take the following action: (a) apply the limit as certified in calculating the amount of fee reductions in respect of the individual, the child and the session; (b) reduce the fees to be paid for the session by the amount of the fee reductions; (c) charge only the reduced fees for the session. |
8 | Notice of a variation of the determination of CCB % applicable to the individual and the child made under section 58, 59D, 59E, 60B, 60C, 60E, 62A, 62D, 65A or 65B | If the service provides a session of care provided to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the CCB % as varied in calculating the individual's rate of fee reductions for the session; (d) using that rate, calculate the amount of the fee reductions in respect of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee reductions; (f) charge only the reduced fees for the session. |
9 | Notice of a variation of the determination of schooling % applicable to the individual and the child made under section 59C, 61, 62B, 62D or 65C | If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the variation takes effect; the service must take the following action in respect of the session: (c) apply the schooling % as varied in calculating the individual's rate of fee reductions for the session; (d) using that rate, calculate the amount of the fee reductions in respect of the individual, the child and the sessions; (e) reduce the fees to be paid for the session by the amount of the fee reductions; (f) charge only the reduced fees for the session. |
10 | Notice under subsection 106(1) or (2), subsection 109B(2) or under section 141A of a review decision to vary a decision or substitute a new decision in respect of the individual or the service | If the service provides a session of care to the child on any day: (a) for which the service has not already charged the individual as at the day the service receives the notice; and (b) which occurs after the day the review decision takes effect; the service must take the following action in respect of the session: (c) if the review decision is a determination of no entitlement under section 50G in respect of the individual because the individual is not conditionally eligible in respect of the child--cease to reduce fees for the session; (d) if the review decision affects the weekly limit of hours, the CCB %, the schooling % or the number of 24 hour care periods in a 24 hour care limit of hours: (i) apply the substituted percentage or limit in calculating the individual's or service's rate or amount (as required) for the session; and (ii) reduce the fees to be paid for the session by the amount; and (iii) charge only the reduced fees for the session; (e) if the review decision is that a rate determined under section 81 of the Family Assistance Act does not apply to a session of care provided by the service to the child after a specified day--cease to apply that rate for the session. |
(1) If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for sessions of care provided by the service to a child at risk, the service must, within the time set out in subsection (3):
(a) calculate, as set out in subsection (2), the amount of child care benefit in respect of the service, the child and the sessions; and
(b) reduce the fees to be paid for the sessions by the amount of the child care benefit; and
(c) charge only the reduced fees for the session.
Penalty: 60 penalty units.
(2) In determining the amount under paragraph (1)(a), the service must use:
(a) the rate as certified under subsection 76(2) of the Family Assistance Act, or as determined under subsection 81(4) of that Act, in respect of the service, the child and the sessions of care; and
(b) the weekly limit of hours determined to be applicable to the service under section 54C in respect of the session of care.
(3) The service must do the things required by subsection (1):
(a) if the service is required to use a weekly limit of hours that is 20 because the service has just become eligible in respect of the child under section 47 of the Family Assistance Act--as soon as practicable after becoming so eligible; or
(b) if the service is required to use a rate or weekly limit of hours determined by the Secretary--as soon as practicable after receiving notice of the rate or limit; or
(c) if the service is required to use a rate or weekly limit of hours that the service certifies--as soon as practicable after giving the certificate in respect of the rate or limit.
If:
(a) an approved child care service is eligible under section 47 of the Family Assistance Act for sessions of care provided by the service to a child at risk; and
(b) the person in whose care the child last was before the first session of care provided by the service is an individual; and
(c) an amount is paid to the service under section 56B in respect of the child;
the service must, as soon as practicable after receiving the amount, pass the amount on to the individual.
Penalty: 60 penalty units.
Obligation where service receives notice that service's approval is suspended or cancelled
(1) If an approved child care service receives notice under subsection 200(2) that the service's approval has been suspended or cancelled, the service must cease to reduce fees as provided for in sections 219A and 219B for sessions of care the service provides on or after the day the service receives the notice.
Penalty: 60 penalty units.
Obligation where service receives notice that suspension of approval is revoked
(2) If an approved child care service receives notice that the service's suspension has been revoked under subsection 200(3), the service must reduce the fees of an individual in respect of whom a determination of conditional eligibility is in force, as provided for in sections 219A and 219B, for sessions of care it provides after the day the service receives the notice.
Penalty: 60 penalty units.
219E Obligation to provide receipts
(1) If an approved child care service has reduced the fees to be paid by an individual in respect of a session of care the service provides to a child, as required by sections 219A and 219B, the service must issue a receipt as provided for in the rules (if any) made under subsection (2), at the time the service reduces the fee, stating the following in respect of the session of care:
(a) the fees paid;
(b) the amount of the fee reductions made;
(c) any other information the Secretary specifies in rules (if any) made under subsection (2).
Penalty: 60 penalty units.
Secretary may make rules
(2) The Secretary may make rules dealing with any of the following matters:
(a) how receipts should be given;
(b) to whom receipts should be given;
(c) other information that must be provided in the receipt or other document.
Rules disallowable instrument
(3) Rules made under subsection (2) are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
219F Obligation to keep records
(1) An approved child care service must keep records as provided for in rules made under subsection (3) of information and events relating to the following matters:
(a) an individual's eligibility for payment of child care benefit under this Act;
(b) the service's eligibility for payment of child care benefit under this Act in respect of a child at risk;
(c) the service's compliance with the conditions for the continued approval of approved child care services;
(d) any other matter the Secretary specifies in the record keeping rules made under paragraph (3)(b).
Penalty: 60 penalty units.
Records to be kept for 36 months
(2) The records must be kept by the service for 36 months from the end of the year in which the care was provided to which the information or event related.
Penalty: 60 penalty units.
Secretary must make rules
(3) The Secretary must make rules relating to the keeping of records specifying:
(a) the kinds of records an approved child care service must keep in relation to a matter listed in subsection (1); and
(b) other matters (if any) in respect of which an approved child care service must keep records.
Rules are a disallowable instrument
(4) Rules made under subsection (3) are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
219G Former approved child care service to keep records
Obligation to keep records
(1) A person who operates an approved child care service, immediately before the service ceases to be an approved child care service, must keep a record referred to in subsection (2) for the period for which the service would have been required, under section 219F, to keep the record if the service had not ceased to be an approved child care service.
Penalty: 60 penalty units.
Type of records to be kept
(2) The records the person is required to keep are the records that the service was required to keep under section 219F immediately before the service ceased to be an approved child care service.
219H Appointment of authorised officers
The Secretary may, in writing, appoint an appropriately qualified officer to be an authorised officer for the purposes of the exercise of the powers referred to in section 219K.
The Secretary may issue an identity card to an authorised officer in the form approved by the Secretary. The identity card must contain a recent photograph of the authorised officer.
219K Power to enter premises to inspect records
(1) For the purposes of inspecting records referred to in section 219F or 219G, an authorised officer may enter:
(a) in the case of records referred to in subsection 219F(1)--the premises of the approved child care service in respect of which the records are kept at any time during the service's hours of operation; or
(b) in the case of records referred to in section 219G(2)--the premises of the former operator of an approved child care service at any time during business hours.
(2) An authorised officer is not authorised to enter premises under subsection (1) unless the occupier of the premises, or another person who apparently represents the occupier, has consented to the entry and the officer has shown his or her identity card if required by the occupier.
(3) The authorised officer must leave premises entered under this section if the occupier, or another person who apparently represents the occupier, asks the authorised officer to do so.
(4) Approved child care services have a responsibility under subsection 196(2A) to cooperate with a person exercising powers under this section. An approved child care service that refuses:
(a) to consent to the entry of a person (after showing the person's identity card in the case of an authorised officer); or
(b) withdraws consent for the person to enter the premises;
is not complying with the responsibility. Failure to comply with the responsibility can result in a sanction being imposed under section 200.
219L Occupier to provide authorised officer with access to records and assistance
(1) The occupier of premises referred to in paragraph 219K(1)(a), or another person who apparently represents the occupier, must produce to an authorised officer, or any other person assisting the officer, who has entered premises under section 219K, the records referred to in subsection 219F(1).
Penalty: 60 penalty units.
(2) The occupier of premises referred to in paragraph 219K(1)(b), or another person who apparently represents the occupier, must produce to an authorised officer, or any other person assisting the officer, who has entered premises under section 219K, the records referred to in subsection 219G(2).
Penalty: 60 penalty units.
(3) The occupier, or another person who apparently represents the occupier, must assist the officer with all reasonable facilities and assistance for the effective exercise of the officer's power to inspect the records.
Penalty: 10 penalty units.
(4) Approved child care services have a responsibility under subsection 196(2A) to cooperate with a person exercising powers under subsection (1) or (3). An approved child care service that does not produce records or assist as provided for in those subsections is not complying with the responsibility. Failure to comply with the responsibility can result in a sanction being imposed under section 200.
(1) If a person who operates an approved child care service intends to cease operating the service, the operator must, in the manner provided for in subsection (2), notify the Secretary of that intention 30 days or more before the operator ceases to operate the service.
Penalty: 60 penalty units.
(2) The notice must be given in the manner set out in a written notice given to the service by the Secretary.
219N Obligation to give reports to Secretary
Approved child care service must give reports
(1) If, during an approved child care service's reporting period, the service provides care to a child, the service must give the Secretary a report in the manner provided for in subsection (2), containing the information set out in subsection (3), (4) or (5), depending on the circumstances of the child.
Penalty: 60 penalty units.
When and how report must be given
(2) The report under subsection (1) must be given:
(a) to the Secretary at some time during the next following reporting period whether or not the next following reporting period is the final reporting period (as defined in subsection 219P(4)) in respect of the service; and
(b) in the form and manner approved by the Secretary.
Information to be provided on child if individual conditionally eligible
(3) If:
(a) a determination under section 50F is made in respect of a claimant who is an individual that the claimant is conditionally eligible for child care benefit by fee reduction for care provided to a child; and
(b) the service provides care to the child while the determination is in force;
the report must state the following matters in respect of the child and each week of the reporting period:
(c) the number of hours of care in the sessions of care in respect of which the service is required, under section 219A, to reduce the claimant's fees, if the service has charged for those hours of care;
(d) the individual's rate of fee reductions in respect of the sessions of care charged for;
(e) the amount of the fee reductions made in respect of the sessions of care charged for;
(f) any other information required by the Secretary in the form.
Information to be provided on child if service eligible in respect of child
(4) If the service is eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for care the service provides to a child, the report must state the following matters in respect of the child and each week of the reporting period:
(a) the number of hours of care in the sessions of care in respect of which the service is required, under section 219B, to reduce an individual's fees, if the service has charged for those hours of care;
(b) the rate of fee reductions in respect of the sessions of care charged for;
(c) the amount of the fee reductions made in respect of the sessions of care charged for;
(d) any other information required by the Secretary in the form.
Information to be provided on child if no individual is conditionally eligible and the service is not eligible in respect of the child
(5) If, in respect of a child to whom the service provides care:
(a) a determination under section 50F that an individual is conditionally eligible for child care benefit by fee reduction for care provided to the child is not in force in respect of any individual and that child when the service provides the care; and
(b) the service is not eligible under section 47 of the Family Assistance Act for payment of child care benefit by fee reduction for the care;
the report must state the following matters in respect of the child and each week of the reporting period:
(c) the name of the child;
(d) the number of hours of care in the sessions of care in respect of which the service would be required, under section 219A in item 1 of the table, to reduce fees if a determination of conditional eligibility under section 50F was in force in respect of an individual and the child when the care was provided, if the service has charged for those hours of care;
(e) any other information required by the Secretary in the form .
Corrections of reports
(6) A report provided by the service may be corrected by the service at any time.
219P Former operator of an approved child care service to report
Obligation to report
(1) A person who operated an approved child care service, immediately before the service ceased to be an approved child care service, must report to the Secretary as provided for in this section in respect of the service's final reporting period.
Penalty: 60 penalty units.
Contents of report
(2) The information that the person is required to provide in the report is the information that the service would have been required to provide under section 219N, in respect of the service's final reporting period, if the service had not ceased to be an approved child care service during that period.
When and how report must be given
(3) The report under subsection (1) must be given:
(a) to the Secretary within 90 days of the service ceasing to be an approved child care service; and
(b) in the form and manner approved by the Secretary.
(4) In this section:
"final reporting period" , in respect of an approved child care service that ceased to be an approved child care service, means the reporting period in which the service ceased to be an approved child care service.
Division 2 -- Advances to approved child care services
219Q Secretary may determine advances to be paid to approved child care services
(1) The Secretary may, in respect of an approved child care service and a reporting period, make one or more determinations that the service is to be paid a specified amount by way of advance to reimburse the service the amount of the fee reductions made by the service during the reporting period to:
(a) the children of individuals in respect of whom determinations of conditional eligibility are in force; and
(b) the children in respect of whom the service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction.
(2) In respect of each determination, the Secretary may also determine:
(a) if the amount is to be paid in one payment only or in instalments; and
(b) if the amount is to be paid in one payment only, the date on which the payment will be made; and
(c) if the amount is to be paid in instalments, the dates on which each of the instalments will be paid and the amount of each instalment.
(1) If the Secretary has made a determination under section 219Q in respect of an approved child care service, the Secretary must pay to the service:
(a) if an amount of the difference referred to in subsection 219S(2) is required to be offset against an advance--the amount of the advance determined by the Secretary under section 219Q reduced by the amount referred to in subsection 219S(2); or
(b) if an amount of the difference referred to in subsection 219S(4) is required to be paid to the service in an advance--the sum of the amount of the advance determined by the Secretary under section 219Q and the amount referred to in subsection 219S(4); or
(c) if neither paragraph (a) nor (b) applies--the amount of the advance determined by the Secretary under section 219Q.
(2) This section is subject to Part 4 (Overpayments and debt recovery).
219S Acquittal of advances paid to approved child care services
(1) When a report for a reporting period is received from an approved child care service under section 219N or 219P, the Secretary must compare the amount of the advance determined by the Secretary under section 219Q in respect of the service and the reporting period with the amount passed on by the service in reduced fees (see sections 219A and 219B) during the reporting period. (The amount of fee reduction is the amount reported by the service to the Secretary under section 219N.)
(2) If the amount of the advance is more than the amount of the reduced fees, the Secretary may determine that the difference in the amounts is to be offset against an advance amount determined by the Secretary under section 219Q in respect of the service.
(3) If the Secretary makes a determination under subsection (2), the difference must be offset as provided for in that subsection.
(4) If the amount of the advance is less than the amount of the reduced fees, the Secretary may determine that the difference in the amounts is to be paid to the service in an advance amount determined in respect of the service under section 219Q.
(5) If the Secretary makes a determination under subsection (4), the difference must be paid as provided for in that subsection.
219T Notice of determinations to pay and acquit advances
(1) The Secretary must give notice of a determination under section 219Q to pay an advance to an approved child care service to the service concerned stating:
(a) the amount of the advance determined under section 219Q in respect of the service; and
(b) if an amount of a difference referred to in subsection 219S(2) is offset against the advance, the amount of the offset; and
(c) if an amount of a difference referred to in subsection 219S(4) is paid to the service in addition to this advance, the amount that is in addition; and
(d) the total amount that is to be paid after the amounts (if any) referred to in subsections 219S(2) and (4) have been taken account of; and
(e) the period in respect of which the amount is paid; and
(f) if the amount is to be paid in one payment only or in instalments; and
(g) if the amount is to be paid in one payment only, the date on which payment will be made; and
(h) if the amount is to be paid in instalments, the dates on which each of the instalments will be paid and the amount of each instalment.
(2) The determination is not ineffective by reason only that any, or all, of the requirements of subsection (1) are not complied with.
Part 3 -- Common provisions relating to family assistance
Insert:
"Bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit - taking institution) for the purposes of the meaning of the Banking Act 1959 .
Insert:
"Family Assistance Administration Act" means the A New Tax System (Family Assistance) (Administration) Act 1999 .
64 Subsection 3(1) (paragraph (c) of the definition of family assistance law )
Repeal the paragraph, substitute:
(c) regulations under this Act;
(d) Schedules 5 and 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000 .
65 Subsection 3(1) (definition of TFN claim person )
Repeal the definition, substitute:
"TFN claim person" :
(a) in relation to a claim for family tax benefit under Subdivision A of Division 1 of Part 3, means:
(i) the claimant; and
(ii) if the claim is for payment of family tax benefit by instalment--the claimant's partner (if any) at the time of the claim; and
(iii) if the claim is for payment of family tax benefit for a past period--any partner of the claimant during the past period; or
(b) in relation to a claim by a claimant who is an individual for child care benefit under Subdivision A of Division 4 of Part 3, means:
(i) the claimant; and
(ii) if the claim is for payment of child care benefit by fee reduction--the claimant's partner (if any) at the time of the claim; and
(iii) if the claim is for payment of child care benefit for a past period for care provided by an approved child care service--any partner of the claimant during the past period.
66 Subsection 3(1) (definition of TFN determination person )
Repeal the definition, substitute:
"TFN determination person" means:
(a) in relation to family tax benefit and:
(i) a determination under which the claimant is entitled to be paid family tax benefit by instalment--the claimant or any partner of the claimant at any time since the determination was made; or
(ii) a determination under which the claimant is entitled to be paid family tax benefit for a past period--the claimant or any partner of the claimant during the past period; or
(b) in relation to child care benefit and:
(i) a determination under which the claimant who is an individual is conditionally eligible for child care benefit by fee reduction--the claimant or any partner of the claimant at any time since the determination was made; or
(ii) a determination under which the claimant who is an individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service--the claimant or any partner of the claimant during the past period.
Insert:
"TFN substitution person" , in relation to a claim:
(a) by an individual for payment of family tax benefit by single payment/in substitution because of the death of another individual based on eligibility for an amount of family tax benefit under section 33 of the Family Assistance Act; or
(b) by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service based on eligibility for an amount of child care benefit under section 46 of the Family Assistance Act;
means the deceased individual and any partner of the deceased individual during the period in respect of which the payment is claimed.
68 Paragraph 66(1)(f)
Repeal the paragraph, substitute:
(f) payments of advances under section 219R.
69 Paragraph 66(2)(a)
Repeal the paragraph, substitute:
(a) subsections 23(4), 47(2), 56(2) and 56A(2) (about payment of a person's family assistance to someone else on behalf of the person); and
70 Paragraph 66(2)(b)
Omit "assistance", substitute "tax benefit".
71 After paragraph 66(2)(b)
Insert:
(ba) section 84A (about setting off a person's entitlement to arrears of family assistance against a debt of the person); and
72 Paragraph 66(2)(c)
Omit "assistance", substitute "tax benefit".
73 After paragraph 66(2)(c)
Insert:
(ca) section 92A (about setting off arrears of family assistance of a person to repay the debt of another person); and
74 Paragraph 66(2)(e)
Omit "; and", substitute ".".
75 Paragraphs 66(2)(f) and (g)
Repeal the paragraphs.
76 Subsection 68(1)
Repeal the subsection, substitute:
(1) For the purposes of this Part, amount paid to person in respect of whom a determination of entitlement to be paid child care benefit has been made--means the amount of the entitlement (see subsection 3(1)) paid to the person.
(1A) In the case of a person in respect of whom a determination of entitlement to be paid child care benefit by fee reduction has been made under section 51B (individual) or 54B (approved child care service), the amount of the entitlement paid to the person consists of:
(a) the amount:
(i) in the case of an individual--received by the individual as fee reductions in respect of an income year; or
(ii) in the case of a service--received by the service, in respect of a financial year, from one or more payments of an amount of an advance paid to reimburse the service the amount of fee reductions made for care provided by the service to a child; and
(b) the amount, as paid to the person, of the difference (if any) referred to in:
(i) in the case of an individual--subsection 56(1); and
(ii) in the case of an approved child care service--subsection 56B(1).
77 Section 69
Repeal the section, substitute:
69 Special provisions relating to approved child care services
For the purposes of this Part, a reference to an amount being paid to a person when the person is an approved child care service includes a reference to an amount that, at the time when it was paid, was paid to an approved child care service even if:
(a) the service is no longer approved; or
(b) the service operator no longer operates the service concerned.
78 Section 71
Repeal the section, substitute:
No entitlement to amount--debt generally owed by person
(1) Subject to subsection (2), if:
(a) an amount has been paid to a person by way of family tax benefit, maternity allowance or maternity immunisation allowance (the assistance ) in respect of a period or event; and
(b) the person was not entitled to the assistance in respect of that period or event;
the amount so paid is a debt due to the Commonwealth by the person.
Overpayment
(2) If:
(a) an amount (the received amount ) has been paid to a person by way of assistance; and
(b) the received amount is greater than the amount (the correct amount ) of assistance that should have been paid to the person under the family assistance law;
the difference between the received amount and the correct amount is a debt due to the Commonwealth by the person.
71A Debts arising in respect of family tax benefit advances
(1) If:
(a) an individual receives an amount by way of family tax benefit advance; and
(b) on a particular day, before the end of the family tax benefit advance period worked out in accordance with section 34:
(i) the individual ceases to be entitled to be paid family tax benefit by instalment; or
(ii) by virtue of the operation of subclause 5(2) or 25A(2) of Schedule 1 to the Family Assistance Act, the individual's Part A rate is no longer to be reduced by the FTB advance rate;
the amount by which the family tax benefit advance exceeds the reduction amount calculated in accordance with subsection (2) becomes a debt due to the Commonwealth by the person.
(2) For the purposes of subsection (1), the reduction amount in relation to an individual is an amount calculated in accordance with the formula:
where:
"number of reduction days" means the number of days in the individual's family tax benefit advance period worked out under section 34 during which the individual's Part A rate was reduced under subclause 5(1) or 25A(1) of Schedule 1 to the Family Assistance Act.
71B Debts arising in respect of fee reductions or child care benefit where no entitlement
If:
(a) an amount:
(i) of fee reductions has been made under section 219A in respect of an individual in respect of a period; or
(ii) has been paid to a person by way of child care benefit in respect of a period; and
(b) the person was not entitled to child care benefit in respect of that period;
the amount so paid is, subject to section 71F, a debt due to the Commonwealth by the person.
71C Debts arising in respect of child care benefit where overpayment
If:
(a) an amount (the received amount ) has been paid to a person by way of child care benefit in respect of a period; and
(b) the received amount is greater than the amount (the correct amount ) of benefit that should have been paid to the person under the family assistance law in respect of that period;
the difference between the received amount and the correct amount is, subject to section 71F, a debt due to the Commonwealth by the person.
Child care benefit paid to service because of false or misleading statement by individual
(1) If:
(a) an individual knowingly makes a false or misleading statement to:
(i) an approved child care service; or
(ii) an officer; and
(b) because of the false or misleading statement, the service is:
(i) eligible under section 47 of the Family Assistance Act in respect of the child and the session; or
(ii) being so eligible, is entitled to an amount of child care benefit in respect of the child and the session; and
(c) an amount of child care benefit is paid to the service for a session of care provided by the service to a child who was in the care of the individual immediately before the session was provided;
the difference between the amount paid to the service and the amount that would have been paid if the individual had not made the statement is a debt due to the Commonwealth by the individual.
(2) For the purposes of subsection (1), the amount that would have been paid if the individual had not made the statement may be nil.
Child care benefit, paid to individual who is conditionally eligible, following service's certificate because of false or misleading statement by individual
(3) If:
(a) an individual knowingly makes a false or misleading statement to an approved child care service; and
(b) the service, in reliance on the statement:
(i) certifies a rate under subsection 76(1) of the Family Assistance Act; or
(ii) gives a certificate relating to a weekly limit of hours under subsection 54(10), 55(6) or 56(3) of that Act; and
(c) an amount of child care benefit is paid to the individual because of the certificate;
the difference between the amount paid to the individual and the amount that would have been paid if the individual had not made the statement is a debt due to the Commonwealth by the individual.
Child care benefit paid at rate certified by service because of false or misleading statement by service in certificate
(1) If:
(a) an approved child care service certifies a rate under section 76 of the Family Assistance Act in relation to a session of care provided by the service to:
(i) an FTB child of an individual, or the individual's partner; or
(ii) a child who was in the care of an individual immediately before the session was provided; and
(b) the service certifies the rate knowing that the reason for certifying the rate does not apply in respect of the child or the individual; and
(c) an amount of child care benefit is paid because of the certificate;
the difference between the amount paid and the amount that would have been paid if the service had not certified the rate is a debt due to the Commonwealth by the service.
Child care benefit paid following service's certificate relating to weekly limit of hours made because of false or misleading statement by service in certificate
(2) If:
(a) an approved child care service gives a certificate under subsection 54(10), 55(6) or 56(3) or (4) of the Family Assistance Act relating to a weekly limit of hours in sessions of care provided by the service to:
(i) an FTB child of an individual, or the individual's partner; or
(ii) a child who was in the care of an individual immediately before the first session of care was provided; and
(b) the service gives the certificate knowing that the reason for giving the certificate does not apply in respect of the child or the individual; and
(c) an amount of child care benefit is paid because of the certificate;
the difference between the amount paid and the amount that would have been paid if the service had not given the certificate is a debt due to the Commonwealth by the service.
Child care benefit paid at rate determined by Secretary because of false or misleading statement by service
(3) If:
(a) an approved child care service knowingly makes a false or misleading statement to an officer; and
(b) a determination of rate is made by the Secretary under subsection 81(2) or (3) of the Family Assistance Act in reliance on the statement; and
(c) an amount of child care benefit is paid because of the determination;
the difference between the amount paid because of the determination and the amount that would have been paid if the service had not made the statement is a debt due to the Commonwealth by the service.
Child care benefit paid following variation of determination of weekly limit of hours made because of service's false or misleading statement by service
(4) If:
(a) an approved child care service knowingly makes a false or misleading statement to an officer; and
(b) a variation of a determination of a weekly limit of hours is made by the Secretary under subsection 64A(2), 64B(2) or 64C(2), in reliance on the statement; and
(c) an amount of child care benefit is paid because of the variation;
the difference between the amount paid and the amount that would have been paid if the service had not made the statement is a debt due to the Commonwealth by the service.
Service eligible for child care benefit and service makes false or misleading statement as to eligibility
(5) If:
(a) an approved child care service is eligible for child care benefit under section 47 of the Family Assistance Act for care provided by the service to a child at risk; and
(b) the service is so eligible knowing that it does not, at the time the care is provided, believe the child to be at risk of serious abuse or neglect; and
(c) a determination of entitlement to be paid child care benefit by fee reduction for care provided to the child has been made under section 54B in respect of the service; and
(d) an amount of child care benefit is paid because of the determination;
the difference between the amount paid and the amount that would have been paid if the service was not so eligible, is a debt due to the Commonwealth by the service.
71F Debts arising under more than one provision
(1) If:
(a) a debt is due to the Commonwealth by an individual under section 71B or 71C; and
(b) part or all of the amount of the debt is attributable to a false or misleading statement etc. made by an approved child care service as referred to in section 71E; and
(c) a debt is due by the service to the Commonwealth under section 71E in respect of the false or misleading statement etc.;
the amount of the debt due by the individual under section 71B or 71C that is also a debt owed by the service under section 71E is, despite the operation of section 71B or 71C, not an amount of the debt owed by the individual.
(2) If:
(a) a debt is due to the Commonwealth by an approved child care service under section 71B or 71C; and
(b) part or all of the amount of the debt is attributable to a false or misleading statement by an individual as referred to in section 71D; and
(c) a debt is due by the individual to the Commonwealth under section 71D in respect of the false or misleading statement;
the amount of the debt due by the service under section 71B or 71C that is also a debt owed by the individual under section 71D is, despite the operation of section 71B or 71C, not an amount of the debt owed by the service.
Service's approval suspended or cancelled
(1) If:
(a) an amount by way of advance determined under section 219Q is paid to a person that is an approved child care service to reimburse the service the amount of the fee reductions made by the service for care provided by the service to a child; and
(b) during, or after, the reporting period in respect of which the advance is paid, the service's approval is suspended or cancelled under section 200;
so much of the amount of the advance as has not been used by the service to reimburse itself for the care it provided to the child at reduced fees, by the day the service's approval is suspended or cancelled is a debt due to the Commonwealth by the service.
Service ceases to operate--debts arising in respect of child care benefit advance
(2) If:
(a) an amount by way of advance determined under section 219Q is paid to a person that is an approved child care service to reimburse the service the amount of the fee reductions made by the service for care provided by the service to a child; and
(b) during, or after, the reporting period in respect of which the advance is paid, the service ceases to operate;
so much of the amount of the advance as has not been used by the service to reimburse itself for the care provided to the child at reduced fees, by the day the service ceases to operate, is a debt due to the Commonwealth by the service.
71H Debts arising where reporting period limit is exceeded--debt owed by service
(1) If:
(a) an approved child care service has, by certificates given under section 76 of the Family Assistance Act, committed amounts of child care benefit in a reporting period; and
(b) the total amount of child care benefit so committed by the service exceeds the reporting period limit for that reporting period (see section 79 of the Family Assistance Act); and
(c) the service gives, during that reporting period, a further certificate under section 76 of the Family Assistance Act; and
(d) an amount of child care benefit is paid because of that further certificate;
the difference between the amount paid and the amount that would have been paid if the service had not given the further certificate is a debt due to the Commonwealth by the service.
79 Paragraph 74(a)
Omit "instalment", substitute "amount".
80 Paragraphs 77(1)(b) and 78(1)(b)
Repeal the paragraphs, substitute:
(b) the person owing the debt is a person who is not receiving instalments of family tax benefit; and
81 Sections 82 and 83
Repeal the sections, substitute in Division 3:
(1) A debt owed by a person, other than an approved child care service, is recoverable by the Commonwealth by one or more of the following means:
(a) deductions from instalments of family tax benefit to which the person is entitled;
(b) setting off arrears of family assistance to which the person is entitled against the debt;
(c) repayment by instalments under section 91;
(d) if section 92 applies to another person who is entitled to be paid family tax benefit by instalment--deductions from that other person's instalments of family tax benefit;
(e) if section 92A applies to another person who is entitled to arrears of family assistance--setting off the arrears against the debt;
(f) the application of an income tax refund owed to the person;
(g) if section 93 applies to another person to whom an income tax refund is owed--the application of that refund;
(h) legal proceedings;
(i) garnishee notice.
However, a debt owed in relation to child care benefit is not recoverable by means of the application of an income tax refund under paragraph (f) or (g).
(2) A debt owed by an approved child care service is recoverable by the Commonwealth by one or more of the following means:
(a) setting off the amount of the debt against one or more amounts of advances paid under section 219R;
(b) legal proceedings;
(c) garnishee notice.
(3) In this section:
"debt" means:
(a) a debt due to the Commonwealth under section 71, 71A, 71B, 71C, 71D, 71E, 71G, 71H, 73, 74, 76, 77, 78 or 80; or
(b) a debt due to the Commonwealth for which a person is liable because of section 75.
82 Section 84
Repeal the section, substitute:
84 Deductions from debtor's family tax benefit
(1) This section applies to a debt if:
(a) under section 82, the debt is recoverable by the Commonwealth by means of deductions from instalments of family tax benefit to which the person is entitled; or
(b) the debt is a debt due by a person to the Commonwealth under the Social Security Act 1991 .
(2) The debt is to be deducted from instalments of family tax benefit to which the person is entitled in the following way:
(a) the Secretary is to determine the amount by which each instalment of family tax benefit is to be reduced; and
(b) each instalment of family tax benefit is to be reduced by the amount determined by the Secretary until the sum of those amounts, and any amounts recovered under the Social Security Act 1991 , is equal to the debt.
The Secretary may from time to time vary the amount by which instalments of family tax benefit are to be reduced.
84A Setting off arrears of family assistance against debt owed
(1) This section applies:
(a) to a person if the person is entitled to an amount by way of arrears of family assistance; and
(b) to a debt owed by the person if:
(i) under section 82, the debt is recoverable by the Commonwealth by means of setting off arrears of family assistance to which the person is entitled against the debt; or
(ii) the debt is a debt due by the person to the Commonwealth under the Social Security Act 1991 .
(2) The Secretary may determine that the whole or a part of the entitlement to arrears is to be set off against the debt.
(3) Under subsection (2), the Secretary may set off a person's arrears of child care benefit only against a debt the person incurs in relation to child care benefit.
(4) If the Secretary makes a determination under subsection (2), the amount of the entitlement to arrears and the amount of the debt are reduced accordingly.
83 Section 85
Repeal the section.
84 Subsection 86(1)
Omit "under this section, or section 84 or 85,", substitute "under section 84, 84A or 87A".
Note: The heading to section 86 is altered by omitting " and 85 " and substituting " , 84A and 87A ".
85 Subsection 86(2)
After "section 84", insert ", 84A or 87A".
86 Paragraph 86(3)(a)
Omit "or 85", substitute ", 84A or 87A".
87 Paragraph 86(4)(a)
Omit "or 85", substitute ", 84A or 87A".
88 Subsection 86(5)
Omit "or 85" (first occurring), substitute ", 84A or 87A".
89 Subparagraph 86(5)(b)(i)
Repeal the subparagraph, substitute:
(i) action is taken under section 87, 88 or 89 for the recovery of the debt; or
90 Subsection 86(5)
Omit "or 85" (second occurring), substitute ", 84A or 87A".
91 After section 87
Insert:
87A Setting off debts of an approved child care service against advances to be paid to the service
(1) This section applies to a debt owed by an approved child care service if, u nder section 82, the debt is recoverable by the Commonwealth by means of setting off the debt against amounts of one or more advances to be paid to an approved child care service under section 219R.
(2) The debt is to be set off, against advances paid to the service, in the following way:
(a) the Secretary is to determine the amount by which each advance to the service is to be reduced; and
(b) each advance to the service is to be reduced by the amount determined by the Secretary until the sum of those amounts is equal to the debt.
The Secretary may, from time to time, vary the amount by which the advances are to be reduced.
(3) The amount of the debt and the amounts of the advances are reduced accordingly.
92 Subsection 88(6)
Omit "action under this section" (first occurring), substitute "action".
93 Subparagraph 88(6)(b)(i)
Omit "85", substitute "84A, 87, 87A".
94 Subsection 88(6)
Omit "action under this section" (second occurring), substitute "action".
95 Subparagraph 90(5)(b)(i)
Repeal the subparagraph, substitute:
(i) action is taken under section 84, 84A, 87, 87A or 88 for the recovery of the debt; or
96 Subsection 91(1)
Omit "The", substitute "If, under section 82, a debt owed by a person is recoverable by the Commonwealth by one or more instalments, the".
97 Section 92
Repeal the section, substitute:
92 Deduction by consent from a person's family tax benefit to meet another person's debt
(1) If:
(a) a person (the debtor ):
(i) has a debt under this Act or under the Data - matching Program (Assistance and Tax) Act 1990 , the Farm Household Support Act 1992 , the Social Security Act 1947 , the Social Security Act 1991 or the Student Assistance Act 1973 ; or
(ii) had incurred a debt under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; and
(b) another person (the consenting person ) is entitled to be paid family tax benefit by instalment; and
(c) for the purpose of the recovery of the debt, the consenting person consents to the deduction of an amount from the consenting person's instalments;
the Secretary may deduct the amount from the consenting person's instalments of family tax benefit.
(2) The debtor's debt is reduced by an amount equal to the amount deducted from the consenting person's family tax benefit.
(3) The consenting person may revoke the consent at any time.
92A Setting off arrears of family assistance of person against another person's debt
(1) If:
(a) a person (the debtor ):
(i) has a debt under this Act or under the Data - matching Program (Assistance and Tax) Act 1990 , the Farm Household Support Act 1992 , the Social Security Act 1947 , the Social Security Act 1991 or the Student Assistance Act 1973 ; or
(ii) had incurred a debt under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; and
(b) another person (the consenting person ) is entitled to an amount by way of arrears of family assistance; and
(c) for the purpose of the recovery of the debt, the consenting person consents to the deduction of an amount from the consenting person's arrears;
the Secretary may determine that the whole or a part of the entitlement to arrears is to be set off against the debt.
(2) Subsection (1) does not apply to an entitlement to arrears of child care benefit.
(3) If the Secretary makes a determination under subsection (1), the amount of the entitlement to arrears and the amount of the debt are reduced accordingly.
(4) The consenting person may revoke the consent at any time.
98 Paragraph 93(1)(a)
Omit "incurs", substitute "has".
99 Subparagraph 95(3)(a)(i)
Repeal the subparagraph, substitute:
(i) deductions under section 84; or
(ia) setting off under section 84A arrears of family assistance; or
100 After subparagraph 95(3)(a)(ii)
Insert:
(iia) setting off under section 87A against advances; or
101 Subsection 95(4)
Repeal the subsection, substitute:
(4) For the purposes of paragraph (2)(b), if a debt is recoverable by means of:
(a) deductions under section 84; or
(b) setting off under section 84A arrears of family assistance; or
(c) application of an income tax refund under section 87; or
(d) setting off under section 87A against advances;
the person is taken to have a capacity to repay the debt unless recovery by those means would cause the person severe financial hardship.
102 Subsection 99(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply if the debt is at least $50 and could be recovered:
(a) by deductions under:
(i) section 84 of this Act; or
(ii) section 1231 of the Social Security Act 1991 ; or
(b) by setting off under section 84A arrears of family assistance; or
(c) by setting off under section 87A against advances.
103 Division 1 of Part 5
Repeal the Division, substitute:
Subdivision A -- Review initiated by the Secretary
104 Decisions that may be reviewed by the Secretary on own initiative
Decisions that may and may not be reviewed under section 105
(1) Under section 105, the Secretary may review a decision of any officer under the family assistance law except:
(a) a determination of entitlement under section 51B in respect of an individual in so far as it relates to:
(i) a rate certified by an approved child care service under subsection 76(1) of the Family Assistance Act; or
(ii) a certificate relating to a weekly limit of hours given by an approved child care service under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act; or
(b) a determination of entitlement under section 54B in respect of an approved child care service in so far as it relates to:
(i) the service's eligibility under section 47 of the Family Assistance Act; or
(ii) a rate certified by the service under subsection 76(2) of the Family Assistance Act; or
(iii) a certificate relating to a weekly limit of hours given by the service under subsection 54(10), 55(6) or 56(4) of the Family Assistance Act; or
(c) a decision by the Secretary under Division 2 of Part 8A (advances to approved child care services).
(2) Under section 105, the Secretary may also review a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 that is made on or after 1 July 2000.
105 Secretary may review certain decisions on own initiative
(1) If:
(a) a decision (the original decision ) is a decision that, under section 104, the Secretary may review under this section; and
(b) the Secretary is satisfied that there is sufficient reason to review the decision;
the Secretary may review the decision.
Secretary may review decision even if application has been made to the SSAT or the AAT
(2) The Secretary may review the original decision even if an application has been made to the SSAT or the AAT for review of the decision.
Secretary must not review decision if review under section 109A occurring
(3) The Secretary must not review the original decision under this section while any review of the decision is taking place under section 109A.
Secretary may make decisions in respect of an original decision
(4) The Secretary may decide (the review decision ) to:
(a) affirm the original decision; or
(b) vary the original decision; or
(c) set the original decision aside and substitute a new decision.
Secretary may deem certain events to have occurred
(5) If:
(a) the Secretary makes a review decision to set the original decision aside under subsection (4); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the original decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of the family assistance law.
106 Notice of review decision to be given
Notice of review decision to be given if original decision relates to determination of conditional eligibility etc.
(1) If:
(a) the Secretary makes a review decision under section 105 affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant ); and
(b) the review decision is to:
(i) vary an original decision in respect of the applicant; or
(ii) set aside an original decision in respect of the applicant and substitute a new decision; and
(c) the review decision relates to one of the following decisions:
(i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F);
(ii) a determination decision in respect of a weekly limit of hours, unless it is a variation of the kind referred to in subsection (2) (a determination of a weekly limit of hours is made under section 50H);
(iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);
(iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);
(v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act;
(vi) a determination decision in respect of no entitlement (a determination of no entitlement is made under section 50G);
the Secretary must give notice of the review decision to:
(d) the applicant; and
(e) the approved child care service, or services, providing care to the child concerned.
Notice of review decision to be given where original decision relates to a weekly limit of hours or rate set because child at risk
(2) If:
(a) the Secretary makes a review decision under section 50K affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant ); and
(b) the review decision is to:
(i) vary an original decision in respect of the applicant; or
(ii) set aside an original decision in respect of the applicant and substitute a new decision; and
(c) the review decision relates to an original decision:
(i) to vary a determination of a weekly limit of hours under section 64A because a circumstance listed in subsection 54(12) of the Family Assistance Act applies; or
(ii) to vary a determination of a weekly limit of hours under section 64B because a circumstance listed in subsection 55(8) of the Family Assistance Act applies; or
(iii) to determine a rate under subsection 81(3) of the Family Assistance Act;
the Secretary must give notice of the review decision to the approved child care service providing care to the child concerned.
Notice to be given of other review decisions
(3) If:
(a) the Secretary makes a review decision under section 50K to:
(i) vary an original decision; or
(ii) set aside an original decision and substitute a new decision; and
(b) the review decision is in respect of any other original decision that, under section 104, may be reviewed (other than a review decision referred to in subsection (1) or (2);
the Secretary must:
(c) if the original decision is a decision under the family assistance law--give notice of the review decision to the person whose entitlement, or possible entitlement, to family assistance is affected by the decision; and
(d) if the original decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement--give notice of the review decision to both parties to the agreement.
Notice must state effect of review decision
(4) A notice must state the effect of the review decision and that the applicant, or person whose entitlement or possible entitlement is affected by the decision, may apply for review of the review decision involved in the manner set out in this Part.
Review decision not affected by lack of notice
(5) A contravention of subsection (1), (2), (3) or (4) in relation to a review decision does not affect the validity of the decision.
Notice of review decisions to be given to the SSAT or the AAT if application made for review
(6) If:
(a) the Secretary makes a review decision to:
(i) vary an original decision; or
(ii) set aside an original decision and substitute a new decision; and
(b) by the time the Secretary makes that decision, a person has applied to the SSAT or the AAT for review of the original decision that was reviewed by the Secretary;
the Secretary must give written notice of the Secretary's review decision to the Executive Director of the SSAT or to the Registrar of the AAT, as the case requires.
Meaning of determination decision
(7) In this section:
"determination decision" means a decision that is a determination as originally made, or, if varied, the variation of the determination.
107 Date of effect of certain decisions made under section 105
(1) Subject to subsection (3), if:
(a) the Secretary reviews, under section 105, a decision (the original decision ) relating to the payment to a person of family tax benefit by instalment; and
(b) the Secretary decides (the review decision ) to vary the original decision or set aside the original decision and substitute a new decision; and
(c) the review decision will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment; and
(d) the review decision is made more than 52 weeks after the person concerned was given notice of the original decision;
the date of effect of the review decision is:
(e) unless paragraph (f) applies--the date that would give full effect to the review decision; or
(f) if the date referred to in paragraph (e) is earlier than the first day of the income year before the income year in which the review decision was made--that first day.
(2) Subject to subsection (3), if:
(a) under section 105, the Secretary reviews any of the following decisions (the original decision ):
(i) a determination decision in respect of a weekly limit of hours (a determination of a weekly limit of hours is made under section 50H);
(ii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);
(iii) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);
(iv) a determination decision in respect of no entitlement (a determination of no entitlement is made under section 50G); and
(b) the Secretary decides (the review decision ) to vary the original decision or set aside the original decision and substitute a new decision; and
(c) the review decision would have the effect of creating or increasing an entitlement to be paid child care benefit by fee reduction; and
(d) the review decision is made more than 52 weeks after the person concerned was given notice of the original decision;
the date of the review decision is:
(e) unless paragraph (f) applies--the date that would give full effect to the review decision; or
(f) if the date referred to in paragraph (e) is earlier than the first day of the income year before the income year in which the review decision was made--that first day.
(3) Subsection (1) or (2) does not limit the date of effect of a review decision in respect of an original decision that relates to the payment to a person of:
(a) family tax benefit by instalment; or
(b) child care benefit by fee reduction;
if the review was undertaken because the Commissioner of Taxation had made an assessment of the taxable income for a particular income year of each person:
(c) whose taxable income is relevant in determining the first - mentioned person's eligibility for, or rate of, family tax benefit, or CCB %; and
(d) who was required to lodge an income tax return in respect of that year;
on the basis of the return lodged by each such person before the end of the income year next following that year.
(4) In this section:
"determination decision" means a decision that is a determination as originally made, or, if varied, the variation of the determination.
Subdivision B -- Review initiated by the applicant
108 Decisions that may be reviewed under section 109A
Decisions that may and may not be reviewed under section 109A
(1) The following decisions must be reviewed on application under section 109A unless an exception set out in subsection (2) applies to the decision:
(a) a decision of any officer under the family assistance law; or
(b) a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 that is made on or after 1 July 2000.
(2) The exceptions to the rule in subsection (1) are:
(a) a decision made by the Secretary personally or by another agency head himself or herself in the exercise of a delegated power; or
(b) a determination of entitlement under section 51B in respect of an individual in so far as it relates to:
(i) a rate certified by an approved child care service under subsection 76(1) of the Family Assistance Act; or
(ii) a certificate relating to a weekly limit of hours given by an approved child care service under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act; or
(c) a determination of entitlement under section 54B in respect of an approved child care service in so far as it relates to:
(i) the service's eligibility under section 47 of the Family Assistance Act; or
(ii) a rate certified by the service under subsection 76(2) of the Family Assistance Act; or
(iii) a certificate relating to a weekly limit of hours given by the service under subsection 54(10), 55(6) or 56(4) of the Family Assistance Act; or
(d) a decision by the Secretary under Division 2 of Part 8A (advances to approved child care services); or
(e) except as mentioned in subsection (3) or (4), a determination about a person's eligibility for, or entitlement to, family assistance other than child care benefit if that determination:
(i) is neither a determination made under section 19 because the Secretary is not satisfied that an estimate of adjusted taxable income is reasonable nor a determination varied under section 28A; and
(ii) is wholly or partly based on an estimate of the amount of adjusted taxable income, or maintenance income, in a particular income year, to the extent that the determination is so based; or
(f) except as mentioned in subsection (3) or (4), a determination about a person's entitlement to child care benefit or a person's CCB % under section 50J, if that determination:
(i) is not a determination made under section 50J, because of the operation of subsection 55(2), or an entitlement determination made under section 53D, because of the operation of subsection 55A(2), or a determination varied under section 60E; and
(ii) is wholly or partly based on an estimate of the amount of adjusted taxable income in a particular income year, to the extent that the determination is so based.
(3) A determination about a person's (the applicant's ):
(a) eligibility for, or entitlement to, family assistance; or
(b) CCB %;
to the extent that the determination was based on an estimate of the amount of adjusted taxable income in a particular income year, may be reviewed under section 109A only if the applicant seeks that review after the end of that year and either:
(c) the Commissioner of Taxation has made an assessment, in respect of that year, of the taxable income of each person:
(i) whose taxable income was relevant in determining the applicant's eligibility for, or rate of, that family assistance or the applicant's CCB %; and
(ii) who had been required to lodge an income tax return in respect of that year;
on the basis of the return lodged by each such person before the end of the income year following that year; or
(d) there was no person whose taxable income in respect of that year was relevant in determining the applicant's eligibility for, or rate of, that family assistance, or the applicant's CCB %, who was required to lodge an income tax return in respect of that year.
(4) A determination about a person's (the applicant's ) eligibility for, or entitlement to, family tax benefit to the extent that the determination was based on an estimate of the amount of maintenance income in a particular income year, may be reviewed under section 109A only if the applicant seeks that review after the end of that year.
109 Persons affected by certain child support decisions
(1) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of section 109A in relation to the decision:
(a) both of the parties to the agreement are taken to be persons affected by the decision; but
(b) only one of the parties is entitled to apply for a review of the decision.
(2) If a party to an agreement that is the subject of a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 applies under section 109A for a review of the decision, the person reviewing the decision must:
(a) by notice in writing or in another manner approved by the Secretary:
(i) inform the other party of the making of the application; and
(ii) give the other party such of the information contained in the application as is reasonably necessary to enable the party to make a submission in connection with the review; and
(b) give both parties a reasonable opportunity to make a submission in connection with the review.
(3) In this section:
"determination decision" means a decision that is a determination as originally made, or, if varied, the variation of the determination.
109A Review of certain decisions may be initiated by applicant
(1) A person affected by a decision (the original decision ) that, under section 108, must be reviewed under this section, may apply to the Secretary for review of the decision.
(2) If the person does so, the Secretary must either:
(a) review the original decision and decide (the review decision ) to:
(i) affirm it; or
(ii) vary it; or
(iii) set it aside and substitute a new decision; or
(b) arrange for an authorised review officer (see section 109C) to do so.
(3) If:
(a) the person who reviews the decision (the decision reviewer ) makes a review decision to set aside an original decision; and
(b) the decision reviewer is satisfied that an event that did not occur would have occurred if the original decision had not been made;
the decision reviewer may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of the family assistance law.
(4) If:
(a) a person who may apply to the Secretary for review of a decision under subsection (1) has not done so; and
(b) the person applies to the SSAT for review of the decision (despite not being entitled to do so);
the person is taken to have applied to the Secretary for review of the decision under subsection (1) on the day on which the person applied to the SSAT.
109B Notice to be given of decisions under section 109A
Decision reviewer to give notice of section 109A decision
(1) The decision reviewer of a decision reviewed under section 109A must give notice of the review decision as set out in this section.
Notice to be given where original decision relates to determination of conditional eligibility etc.
(2) If:
(a) a review decision concerns an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant ); and
(b) the review decision is to:
(i) vary an original decision in respect of the applicant; or
(ii) set aside an original decision in respect of the applicant and substitute a new decision; and
(c) the review decision relates to one of the following decisions:
(i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F);
(ii) a determination decision in respect of a weekly limit of hours (a determination of a weekly limit of hours is made under section 50H);
(iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);
(iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);
(v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act;
(vi) a determination decision in respect of no entitlement hours (a determination of no entitlement is made under section 50G);
the decision reviewer must give notice of the review decision to:
(d) the applicant; and
(e) the approved child care service, or services, providing care to the child concerned.
Notice to be given of other review decisions
(3) If a review decision is in respect of any other original decision that may be reviewed under section 109A other than an original decision referred to in subsection (2), the decision reviewer must :
(a) give the applicant written notice of his or her decision to affirm or vary the decision reviewed or to set it aside and substitute a new decision; and
(b) if the decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement and the other party to the agreement has made a submission in relation to the review--also give the other party written notice of his or her decision.
Meaning of determination decision
(4) In this section:
"determination decision" means a decision that is a determination as originally made or, if varied, the variation of the determination.
109C Authorised review officers
(1) The Secretary must authorise officers to be authorised review officers for the purposes of this Division.
(2) The Secretary must not authorise an officer of an agency other than the Department unless the head of the agency has agreed to the authorisation.
109D Review applications--time limits applicable to review of certain decisions
Certain applications to be made within 52 weeks of notification of decision
(1) Subject to this section, an application for review under subsection 109A(1) of any decision (other than an excepted decision) must be made no later than 52 weeks after the applicant is notified of the decision concerned.
Exception--Secretary may extend time limits in special circumstances
(2) The Secretary may, if he or she is satisfied that there are special circumstances that prevented the applicant from making an application under subsection 109A(1) for review of a decision (other than an excepted decision) within the 52 weeks mentioned in subsection (1), permit a person to make the application after the end of that period and within such further period as the Secretary determines to be appropriate.
Further exceptions
(3) An application under subsection 109A(1) for review of a decision (other than an excepted decision) may also be made after the 52 weeks mentioned in subsection (1) if the application is for review of one or other of the following decisions:
(a) a determination decision that a person is or is not entitled to be paid family tax benefit for a past period if the period occurs in the income year in which the application was made or in the previous income year (a determination of entitlement is made under section 17 or 19);
(b) a determination decision that a person is or is not entitled to be paid family tax benefit by single payment/in substitution because of the death of another individual if the death occurred in the income year in which the application was made or in the previous income year (a determination of entitlement is made under section 18 or 19);
(c) a determination decision that a weekly limit of hours applies to a person for a specified period if the end of the period occurred in the income year in which the application was made or in the previous income year (a determination of weekly limit of hours is made under section 50H);
(d) a determination decision under section 81 of the Family Assistance Act that a rate of child care benefit applies to a person for a specified period if the end of the period occurred in the income year in which the application was made or in the previous income year;
(e) a determination decision that a weekly limit of hours, CCB % or schooling % (these determinations are made under sections 50H, 50J and 50K respectively) applies to a person, if the decision took effect in the income year in which the application was made or in the previous income year;
(f) a determination decision that a person is not entitled (a determination of no entitlement is made under section 50G) to be paid child care benefit by fee reduction if the decision took effect in the income year in which the application was made or in the previous income year;
(g) a determination decision that a person is or is not entitled to be paid child care benefit for care provided by a registered carer for a past period if the end of the period occurred in the income year in which the application was made or in the previous income year (a determination of entitlement or no entitlement is made under section 52F or 52G);
(h) a determination decision that a person is or is not entitled to be paid child care benefit by single payment/in substitution because of the death of another individual for care provided by a registered carer if the death occurred in the income year in which the application was made or in the previous income year (a determination of entitlement or no entitlement is made under section 53D or 53E).
(4) An application under subsection 109A(1) for review of a decision (other than an excepted decision) relating to the payment to a person of family assistance may also be made after the 52 weeks mentioned in subsection (1), if:
(a) the application for review is made because of an assessment, by the Commissioner of Taxation, of taxable income for a particular income year of any relevant person made on the basis of an income tax return for that person and that particular income year lodged before the end of the next income year; or
(b) the application for review is made:
(i) because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income for a particular income year of any relevant person made on the basis of an income tax return for that person and that particular income year lodged before the end of the next income year; and
(ii) within 13 weeks after the relevant person was notified by the Commissioner of the outcome of the review; or
(c) the family assistance is family tax benefit and the application for review is made:
(i) because of a review, by the Child Support Registrar, of a previous decision by the Registrar about the child support entitlement of any relevant person; and
(ii) within 13 weeks after the relevant person was notified by the Registrar of the outcome of the review.
(5) In subsection (4), a reference to a relevant person, in relation to the person first - mentioned in that subsection, is a reference:
(a) so far as paragraph (4)(a) or (b) is concerned--to any person (including the first - mentioned person) whose taxable income is relevant in determining the first - mentioned person's eligibility for, or rate of, family assistance, or CCB %; and
(b) so far as paragraph (4)(c) is concerned--to any person (including the first - mentioned person) whose entitlement to child support is relevant in determining the first - mentioned person's rate of family tax benefit.
(6) In this section:
"determination decision" means a decision that is a determination as originally made or, if varied, the variation of the determination.
"excepted decision" means a decision:
(a) relating to the payment to a person of family tax benefit by instalment; or
(b) relating to the raising of a debt under Division 2 of Part 4.
109E Date of effect of certain decisions relating to payment of family tax benefit by instalment
(1) If:
(a) a person applies to the Secretary, under subsection 109A(1), for review of a decision (the original decision ) relating to the payment to the person of family tax benefit by instalment; and
(b) the application is made more than 52 weeks after the person was given notice of the original decision; and
(c) the Secretary or an authorised review officer decides, under subsection 109A(2), to vary the original decision or to set aside the original decision and substitute a new decision; and
(d) the decision of the Secretary or authorised review officer (the review decision ) will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;
the date of effect of the review decision is:
(e) unless paragraph (f) applies--the date that would give full effect to the review decision; or
(f) if the date referred to in paragraph (e) is earlier than the first day of the income year before the income year in which the application was made--that first day.
(2) The Secretary may, if he or she is satisfied that there are special circumstances that prevented the applicant from making an application under subsection 109A(1) for review of the original decision within 52 weeks, determine that subsection (1) applies as if the reference to 52 weeks were a reference to such longer period as the Secretary determines to be appropriate.
(3) Subsection (1) does not limit the date of effect of a decision by the Secretary or by an authorised review officer on an application under subsection 109A(1) for review of the original decision if:
(a) the application for review is made because of an assessment, by the Commissioner of Taxation, of taxable income for a particular income year of any relevant person made on the basis of an income tax return for that person and that particular income year lodged before the end of the next income year; or
(b) the application for review is made:
(i) because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income for a particular income year of any relevant person made on the basis of an income tax return for that person and that particular income year lodged before the end of the next income year; and
(ii) within 13 weeks after the relevant person was notified by the Commissioner of the outcome of the review; or
(c) the application for review is made:
(i) because of a review, by the Child Support Registrar, of a previous decision by the Registrar about the child support entitlement of any relevant person; and
(ii) within 13 weeks after the relevant person was notified by the Registrar of the outcome of the review.
(4) In subsection (3), a reference to a relevant person, in relation to the person first - mentioned in that subsection, is a reference:
(a) so far as paragraph (3)(a) or (b) is concerned--to any person (including the first - mentioned person) whose taxable income is relevant in determining the first - mentioned person's eligibility for, or rate of, family tax benefit; and
(b) so far as paragraph (3)(c) is concerned--to any person (including the first - mentioned person) whose entitlement to child support is relevant in determining the first - mentioned person's rate of family tax benefit.
109F Withdrawal of review applications
(1) An applicant for review under section 109A may, in writing or in any other manner approved by the Secretary, withdraw the application at any time before the decision reviewer does any of the things in subsection 109A(2).
(2) If an application is so withdrawn, it is taken never to have been made.
109G Secretary may continue payment etc. pending outcome of application for review
(1) If:
(a) an adverse family assistance decision referred to in paragraph (a) or (b) of the definition of adverse family assistance decision in subsection (5) is made; and
(b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
(c) a person applies to the Secretary under section 109A for review of the adverse decision;
the Secretary may declare that entitlement to the family assistance to which the adverse family assistance decision relates is to continue, pending the determination of the review, as if the adverse decision had not been made.
(2) If:
(a) an adverse family assistance decision referred to in paragraph (c) or (d) of the definition of adverse family assistance decision in subsection (5) is made; and
(b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
(c) a person applies to the Secretary under section 109A for review of the adverse decision;
the Secretary may declare:
(d) in the case of an adverse family assistance decision referred to in paragraph (c) of the definition--that the conditional eligibility to which the decision relates is to continue as if the adverse decision had not been made; and
(e) in the case of an adverse family assistance decision referred to in paragraph (d)--that the limit or percentage to which the decision relates is to continue as if the adverse decision had not been made.
(3) While the declaration is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.
(4) The declaration:
(a) starts to have effect on the day on which it is made or on the earlier day (if any) specified in the declaration; and
(b) stops having effect if:
(i) the application for review of the adverse decision is withdrawn; or
(ii) the review of the adverse decision is determined by the Secretary or an authorised review officer; or
(iii) the declaration is revoked by the Secretary.
(5) In this section:
"adverse family assistance decision" , in relation to a person, means any decision having the effect that:
(a) the person ceases to be entitled to family assistance; or
(b) the person's entitlement to family assistance is reduced; or
(c) the person ceases to be conditionally eligible for child care benefit by fee reduction; or
(d) the weekly limit of hours, the CCB % or the schooling % applicable to the person is reduced.
109H Notification of further rights of review
(1) If the decision reviewer gives an applicant a notice under section 109B, the notice must include:
(a) a statement to the effect that the applicant may, subject to this Part, apply to the SSAT for review of the review decision mentioned in the notice; and
(b) a statement about the review decision that:
(i) sets out the reasons for the decision; and
(ii) sets out the findings by the decision reviewer on material questions of fact; and
(iii) refers to the evidence or other material on which those findings were based; and
(c) a statement to the effect that, if the applicant is dissatisfied with the SSAT's decision on any application for review as mentioned in paragraph (a), the applicant may, subject to the Administrative Appeals Tribunal Act 1975 , apply to the AAT for review of the SSAT's decision.
(2) A contravention of subsection (1) in relation to a review decision does not affect the validity of the decision.
104 After subsection 111(1)
Insert:
(1A) If a decision has been made by the Secretary personally, or by another agency head himself or herself in the exercise of a delegated power, a person whose interests are affected by the decision may apply to the SSAT for review of the decision.
(1B) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of subsection (1) or (1A) of this section to the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.
105 Paragraph 111(2)(a)
Omit "or 38(2) (form and manner of claim)", substitute ", 38(2) or 49C(1), or paragraph 50L(7)(b), or section 64F or paragraph 219N(2)(b) of this Act or subsection 57(6) or 81(5) of the Family Assistance Act (form and manner of claim etc.)".
106 Paragraph 111(2)(b)
Repeal the paragraph.
107 Paragraph 111(2)(c)
After "payment", insert "etc.".
108 At the end of section 111
Add:
(3) In this section:
"decision reviewer" , in relation to a decision that was the subject of an application under subsection 109A(1), means the person who, in accordance with subsection 109A(2), reviewed that decision.
109 After section 111
Insert:
111A Review applications--time limits applicable to review by the SSAT of certain decisions
(1) Subject to subsection (2), a person affected:
(a) by a decision of a decision reviewer under Division 1 to affirm, vary or set aside a decision other than an excepted decision; or
(b) if a decision reviewer has decided, under Division 1, to set aside a decision (other than an excepted decision) and substitute another decision--by the decision so substituted;
must apply under section 111 for review by the SSAT of the decision affecting that person no later than 13 weeks after the person is notified of the decision of the decision reviewer.
(2) The SSAT may, if it determines that there are special circumstances that prevented the person from making an application under section 111 for review of a decision of the kind referred to in subsection (1) within the 13 weeks mentioned in subsection (1), permit a person to make the application after the end of that period and within such further period as the SSAT determines to be appropriate.
(3) In this section:
"excepted decision" means a decision:
(a) relating to the payment to a person of family tax benefit by instalment; or
(b) relating to the raising of a debt under Division 2 of Part 4.
(1) If:
(a) a person applies to the SSAT, under subsection 111(1), for review of a decision (the original decision ) relating to the payment to a person of family tax benefit by instalment; and
(b) the application is made more than 13 weeks after the person was given notice of the original decision; and
(c) the SSAT decides, under subsection 113(1), to vary the original decision or set aside the original decision and substitute a new decision; and
(d) the decision of the SSAT will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;
the date of effect of the decision of the SSAT is:
(e) unless paragraph (f) applies--the date that would give full effect to the decision of the SSAT; or
(f) if the date referred to in paragraph (e) is earlier than the first day of the income year before the income year in which the application to the SSAT for review was made--that first day.
(2) The SSAT may, if it is satisfied that there are special circumstances that prevented the applicant from making an application within 13 weeks, determine that subsection (1) applies as if the reference to 13 weeks were a reference to such longer period as the SSAT determines to be appropriate.
110 Paragraph 112(1)(a)
Omit "(see subsection (4))", substitute "referred to in paragraph (a) or (b) of the definition of adverse family assistance decision in subsection (4)".
111 After subsection 112(1)
Insert:
(1A) If:
(a) an adverse family assistance decision referred to in paragraph (c) or (d) of the definition of adverse family assistance decision in subsection (4) is made; and
(b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
(c) a person applies to the SSAT under section 111 for review of the adverse decision;
the Secretary may declare:
(d) in the case of an adverse family assistance decision referred to in paragraph (c) of the definition in subsection (4)--that the conditional eligibility to which the decision relates is to continue as if the adverse decision had not been made; and
(e) in the case of an adverse family assistance decision referred to in paragraph (d) of the definition in subsection (4)--that the limit or percentage to which the decision relates is to continue as if the adverse decision had not been made.
Note: The heading to section 112 is altered by inserting " etc. " after " payment ".
112 Subsection 112(4)
Repeal the subsection, substitute:
(4) In this section:
"adverse family assistance decision" , in relation to a person, means any decision having the effect that:
(a) the person ceases to be entitled to family assistance; or
(b) the person's entitlement to family assistance is reduced; or
(c) the person ceases to be conditionally eligible for child care benefit by fee reduction; or
(d) the weekly limit of hours, the CCB % or the schooling % applicable to the person is reduced.
113 Subsection 113(2)
Repeal the subsection, substitute:
(2) If the SSAT sets a decision aside and substitutes for it a decision that:
(a) a person is entitled to have a payment made under this Act; or
(b) a person is conditionally eligible for child care benefit by fee reduction; or
(c) the weekly limit of hours, the CCB % or the schooling % applicable to a person is to be increased;
the SSAT must:
(d) in the case of paragraph (a):
(i) assess the amount of the payment; or
(ii) ask the Secretary to assess the amount; and
(e) in the case of paragraph (b):
(i) ask the Secretary to determine the weekly limit of hours, CCB % and schooling % applicable to the person; and
(ii) if the limit or percentage affects the amount of the entitlement of the person--assess that amount; and
(f) in the case of paragraph (c):
(i) determine what the limit or percentage is to be; or
(ii) ask the Secretary to assess the limit or percentage.
114 Section 115
Repeal the section.
115 Subsection 118(2)
After "a decision", insert "(other than a decision to which subsection (2A) applies)".
116 After subsection 118(2)
Insert:
(2A) If a party to an agreement that is the subject of a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 applies to the SSAT:
(a) unless paragraph (b) applies--for a review of that decision; or
(b) if that decision has been affirmed or varied, or set aside and another decision substituted for it--for a review of the decision as so affirmed or varied or of the substituted decision;
the Executive Director must order that the other party to the agreement be made a party to the review. This requirement does not apply if the other party to the agreement has given the Executive Director a written notice waiving his or her rights under section 111 and this subsection in relation to the review.
117 At the end of section 122
Add:
(4) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of subsection (1) of this section, both of the parties to the agreement are taken to be parties whose interests are affected by the decision.
118 Section 132
Repeal the section.
119 Paragraph 139(1)(a)
Repeal the paragraph, substitute:
(a) may give general directions as to the procedure to be followed by the SSAT in connection with the review of:
(i) decisions under the family assistance law; or
(ii) decisions under subsection 91A(3) of the Child Support (Assessment) Act 1989 ; and
120 After paragraph 139(5)(a)
Insert:
(aa) subsection 91A(3) of the Child Support (Assessment) Act 1989 ; or
121 After section 141
Insert:
If:
(a) the SSAT makes a decision on a review in respect of an individual claiming child care benefit by fee reduction for care provided by an approved child care service to a child; and
(b) the decision on review is to vary, or set aside and substitute a new decision for one of the following decisions:
(i) a determination of conditional eligibility;
(ii) a weekly limit of hours, CCB % or schooling % applicable to the individual;
(iii) a determination of rate under subsection 81(2) or (3) of the Family Assistance Act; and
(c) on the day that the SSAT decision is made:
(i) the service is still providing care to the child; and
(ii) a determination of conditional eligibility is still in force in respect of the individual with the effect that the individual is conditionally eligible;
the Secretary must give notice of the SSAT decision to the service. The notice must state the effect of the decision.
122 At the end of section 142
Add:
(5) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of the Administrative Appeals Tribunal Act 1975 to, or to a matter arising out of, the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.
123 At the end of paragraph 144(1)(a)
Add "or to approve the service from a particular day".
124 At the end of paragraph 144(1)(d)
Add "from a particular day".
125 At the end of section 154
Add:
(2) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person's custody or under the person's control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) whether a person who has claimed family assistance (other than an individual who has claimed child care benefit by fee reduction), but who has not had the claim determined, is eligible for family assistance;
(d) the amount of child care benefit that a person is eligible for.
(3) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person's custody or under the person's control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) whether an individual who has claimed payment of child care benefit by fee reduction is conditionally eligible;
(d) if a determination were to be, or has been, made that the individual is so conditionally eligible, what weekly limit of hours, CCB % or schooling % would be, or is, applicable to the individual.
(4) The Secretary may require a person to:
(a) give information; or
(b) produce a document that is in the person's custody or under the person's control;
to an officer if the Secretary considers that the information or document may be relevant to either or both of the following matters:
(c) what rate of child care benefit;
(d) what weekly limit of hours;
is applicable under determinations made by the Secretary in respect of an approved child care service that is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided to a child at risk.
126 After section 154
Insert:
(1) This section applies to the tax file number of an individual that is provided to the Secretary:
(a) by the individual; or
(b) by the partner of the individual; or
(c) by the Commissioner of Taxation on the authority of the individual;
under a provision of this Act for the purposes of this Act.
(2) The Secretary may provide to the Commissioner of Taxation a tax file number to which subsection (1) applies, or is taken to apply, for the purpose of being informed of the amount determined by the Commissioner to be the taxable income for that income year of the individual to whom the tax file number relates.
(3) If:
(a) a tax file number to which subsection (1) applies, or is taken to apply, is provided to the Commissioner of Taxation in respect of a particular income year; and
(b) the Commissioner of Taxation determines the taxable income of the individual before the end of 2 years after the end of that income year;
the Commissioner may provide the Secretary with particulars of the income determined in respect of that individual and disclose that individual's TFN to the Secretary.
(4) If a tax file number to which subsection (1) applies, or is taken to apply, is provided to the Commissioner of Taxation in respect of a particular income year, the Commissioner must, 2 years after the end of that income year, destroy the Commissioner's record of the tax file number so provided.
127 Paragraph 157(1)(b)
After "eligibility", insert ", conditional eligibility or the applicable weekly limit of hours".
128 Subsection 157(3)
Repeal the subsection, substitute:
(3) The Secretary may require information about a particular class of persons, whether or not the Secretary is able to identify any of the persons in that class as being persons:
(a) who have been paid family assistance; or
(b) who are entitled to family assistance; or
(c) who have made claims for family assistance; or
(d) in respect of whom determinations of conditional eligibility for child care benefit by fee reduction are in force.
129 Subsection 161(1)
Repeal the subsection, substitute:
(1) Nothing in this Division prevents a person from disclosing information to another person if the information is disclosed for the purposes of:
(a) the Child Support (Assessment) Act 1989 ; or
(b) the Child Support (Registration and Collection) Act 1988 .
130 At the end of section 171
Add:
; and (d) all persons, irrespective of their nationality, in respect of whom determinations of conditional eligibility for child care benefit by fee reduction are in force; and
(e) all persons, irrespective of their nationality, who are eligible for child care benefit by fee reduction under section 47 of the Family Assistance Act.
131 Paragraph 173(a)
After "officer", insert " or an approved child care service,".
132 At the end of section 173
Add:
; or (d) affect conditional eligibility for child care benefit by fee reduction, a weekly limit of hours, a CCB % or a schooling % applicable to a person.
133 Paragraph 174(a)
After "officer", insert " or an approved child care service,".
134 Paragraph 174(b)
After "officer", insert "or an approved child care service".
135 Section 175
Omit "or recklessly".
136 After section 175
Insert:
175A Knowingly obtaining fee reductions where no conditional eligibility or eligibility
(1) An individual must not knowingly obtain fee reductions if the individual has not been determined to be conditionally eligible for child care benefit by fee reduction.
(2) An individual must not knowingly obtain an incorrect amount of fee reductions.
(3) If an approved child care service is not eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the service to a child at risk, the service must not, in respect of the child, knowingly obtain an amount of an advance paid under section 219R, to reimburse the service the amount of the fee reductions made by the service for care provided by the service to the child.
(4) If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the service to a child at risk, the service must not knowingly obtain an incorrect amount of an advance, paid under section 219R, to reimburse the service the amount of the fee reductions made by the service for care provided by the service to the child.
137 Section 176
Repeal the section, substitute:
176 Payment or fee reductions knowingly obtained by fraud
A person must not knowingly obtain:
(a) a payment of family assistance; or
(b) fee reductions; or
(c) in the case of an approved child care service--an amount of an advance paid under section 219R to reimburse the service the amount of the fee reductions made by the service for care provided to a child;
by any of the following means:
(d) by means of a false or misleading statement made knowingly or recklessly;
(e) by means of impersonation;
(f) by fraudulent means.
138 Paragraph 178(1)(b)
After "family assistance", insert ", fee reductions or advance".
139 Subsection 195(3)
Repeal the subsection, substitute:
(3) If the Secretary approves the service, the Secretary must give the applicant a certificate of approval, stating:
(a) the kind of approved child care service; and
(b) the day from which the approval operates.
(4) For the purposes of paragraph (3)(b), the day from which the approval is expressed to operate may be a day before the day the Secretary approves the service.
140 After subsection 196(2)
Insert:
(2A) It is a condition for the continued approval of an approved child care service that the service cooperate with a person exercising powers under sections 219K and 219L.
141 Subsection 221(3)
Omit "paragraph 168(1)(b)", substitute "subparagraph 168(1)(b)(i)".
142 Subsections 224(1) and (2)
Repeal the subsections, substitute:
(1) If a notice of a decision of an officer affecting:
(a) a person's entitlement to be paid family assistance under the family assistance law; or
(b) a person's conditional eligibility for child care benefit by fee reduction; or
(c) a weekly limit of hours, a CCB %, a schooling % or a rate under section 81 of the Family Assistance Act applicable to a person;
is:
(d) delivered to a person personally; or
(e) left at the address of the place of residence or business of the person last known to the Secretary; or
(f) sent by prepaid post to the address of the person last know to the Secretary;
notice of the decision is taken, for the purposes of the family assistance law, to have been given to the person.
(2) Notice of a decision of an officer affecting a matter referred to in paragraph (1) (a), (b) or (c) may be given to a person by properly addressing, prepaying and posting the document as a letter.
143 Paragraph 226(2)(b)
Repeal the paragraph, substitute:
(b) the person is taken to have paid so much of the amount of the tax as is equal to the amount set off against the tax liability at the time when the Commissioner sets off the amount or at any earlier time that the Commissioner determines.
144 Sections 227 and 228
Repeal the sections.
145 Subsection 235(5)
Repeal the subsection.