Family Assistance Legislation Amendment (Child Care Rebate) Act 2011 (25 of 2011)

Schedule 1   Amendments to allow weekly payment of child care rebate

Part 2   Application and transitional provisions

78   Transitional - elections made before 1 July 2011

(1) This item applies if an individual gives the Secretary notice, by the time and in the form and manner or way approved by the Secretary, electing to have child care rebate in respect of the individual and a child for care provided for the child in the 2011-2012 income year paid in one of the following ways:

(a) weekly into a bank account maintained by the individual alone or jointly or in common with someone else;

(b) weekly to one or more approved child care services;

(c) quarterly into a bank account maintained by the individual alone or jointly or in common with someone else.

(2) For the purposes of the Family Assistance Act and the Family Assistance Administration Act:

(a) if the notice is of the kind described in paragraph (1)(a) of this item - the individual is taken to have given notice under paragraph 65EAAAA(1)(a) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and

(b) if the notice is of the kind described in paragraph (1)(b) of this item - the individual is taken to have given notice under paragraph 65EAAAA(1)(b) of the Family Assistance Administration Act in relation to the 2011-2012 income year; and

(c) if the notice is of the kind described in paragraph (1)(c) of this item - the individual is taken to have given notice under paragraph 65EAAAA(1)(c) of the Family Assistance Administration Act in relation to the 2011-2012 income year.

(3) If an individual does not give notice of the kind described in subitem 1, child care rebate (if any) in respect of the individual and the child for care provided during the 2011-2012 income year is to be paid:

(a) if child care rebate was paid quarterly in respect of the individual and the child in relation to the 2010-2011 income year - quarterly; and

(b) otherwise - for the income year.

(4) To avoid doubt, this item applies even if the Secretary approves the time, the form or the manner or way, in which the election is to be given before the day on which this item commences.