Family Assistance Legislation Amendment (Child Care) Act 2009 (50 of 2009)

Schedule 2   Child care rebate in substitution

Part 2   Application and transitional

22   Transitional - service's application day happens during the period for which child care rebate is applicable

(1) This item applies if:

(a) one or more sessions of care are provided by an approved child care service to a child during a week that falls wholly or partly in a rebate period (within the meaning of section 84DA of the Family Assistance Act); and

(b) the service's application day (within the meaning of item 91 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007) happens during that period (other than during the last week that falls wholly or partly in that period).

(2) The Family Assistance Act has effect in relation to any sessions of that care that were provided in a week falling before, or including, the service's application day as if subsection 84DB(3) of that Act were as follows:

If fee reduction applies, count unreduced amount of fees

(3) If fees for child care by an approved child care service have been reduced under Division 1 of Part 8A of the Family Assistance Administration Act, then for the purposes of this section, a reference to the fees for which:

(a) the deceased individual; or

(b) the deceased individual's partner;

is liable, is taken to be a reference to the fees for which the deceased individual, or the deceased individual's partner, would have been liable if they had not been so reduced.