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

9A

Notice of a variation of a determination of whether the individual is eligible for the special grandparent rate for the child made under section 59G, 62CA or 65DA

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) calculate the individual's rate of fee reductions for the session on the basis of the determination as varied;

(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 (if any) for the session.

If the effect of the variation of the determination is that the individual is eligible for the special grandparent rate for the child, the service has an additional obligation in relation to the level of fees set for a session for which the service reduces fees under this item. That obligation is to ensure that those fees 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.