Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 (132 of 2004)

3A

Notice under section 50V that the individual is eligible for the special grandparent rate for the child (given together with a notice under section 50M that the individual has been determined to be conditionally eligible)

The service must take the following action:

(a) calculate the amount of the fee reductions in respect of the individual and a session of care provided by the service to the child using:

(i) the rate applicable to the individual, the child and the session; and

(ii) the weekly limit of hours applicable to the individual and the child under a determination made under section 50H;

(b) reduce the fees to be paid for the session by the amount of the fee reductions;

(c) charge only the reduced fees (if any) for the session;

(d) 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:

(i) commencing on the day the determination under subsection 50T(1) comes into force; and

(ii) ending on the day the service starts reducing fees as a result of the notice.

The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child.

3B

Notice under section 50V that the individual is eligible for the special grandparent rate for the child (given otherwise than together with a notice under section 50M that the individual has been determined to be conditionally eligible)

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) calculate the amount of the fee reductions in respect of the individual, the child and the session using:

(i) the rate applicable to the individual, the child and the session; and

(ii) the weekly limit of hours applicable to the individual and the child under a determination made under section 50H;

(d) reduce the fees to be paid for the session by the amount of the fee reductions;

(e) charge only the reduced fees (if any) for the session.

The service must also ensure that the fees set for a session for which the service reduces fees under this item do not exceed the amount of the fees that the service would charge an individual who was not eligible for the special grandparent rate for the same session for the same child.