Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (22 of 2017)
Schedule 1 Main amendments
A New Tax System (Family Assistance) (Administration) Act 1999
178 At the end of Subdivision F of Division 2 of Part 5
Add:
137A AAT review of entitlement to be paid CCS or ACCS - taking account of changes of circumstances etc.
Favourable changes affecting individuals
(1) A decision on AAT first review or AAT second review of a child care decision in relation to section 67CD as to an individual's entitlement to be paid CCS or ACCS for a week must not take into account information if:
(a) apart from this section, the information would have the effect that the amount of CCS or ACCS the individual is entitled to be paid for the week is increased (including from nil); and
(b) either:
(i) the individual was required to notify the Secretary of the information by subsection 67FB(1); or
(ii) the Secretary required the individual to give the information or produce a document containing the information under Part 6 and the individual did not give the information or produce the document within the required period; and
(c) the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:
(i) the individual notified or gave the information or produced the document;
(ii) the Secretary otherwise became aware of the information;
(iii) the AAT otherwise became aware of the information.
(2) Despite subsection (1), the decision on review may take the information into account if the Secretary is satisfied that the individual notified or gave the information, or produced the document, as soon as practicable.
(3) Subsection (1) does not apply if the information is the adjusted taxable income of the individual.
Favourable changes affecting providers
(4) A decision on AAT first review or AAT second review of a child care decision in relation to section 67CH as to a provider's entitlement to be paid ACCS (child wellbeing) for a week must not take into account information if:
(a) apart from this section, the information would have the effect that the amount of ACCS (child wellbeing) the provider is entitled to be paid for the week is increased (including from nil); and
(b) either:
(i) the provider was required to notify the Secretary of the information by section 204F; or
(ii) the Secretary required the provider to give the information or produce a document containing the information under Part 6 and the provider did not give the information or produce the document within the required period; and
(c) the CCS fortnight that includes the week started more than 28 days before the earliest of the following events:
(i) the provider notified or gave the information or produced the document;
(ii) the Secretary otherwise became aware of the information;
(iii) the AAT otherwise became aware of the information.
(5) Despite subsection (4), the decision on review may take the information into account if the Secretary is satisfied that the provider notified or gave the information, or produced the document, as soon as practicable.
137B AAT review of entitlement to be paid CCS or ACCS - time limit on increase
(1) A decision on AAT first review or AAT second review of a child care decision in relation to section 67CD as to an individual's entitlement to be paid CCS or ACCS must not have the effect that the amount of CCS or ACCS the individual is entitled to be paid for a week is increased (including from nil), if the CCS fortnight that includes the week started before the income year immediately before the income year in which the application for the review is made.
(2) Subsection (1) does not apply if:
(a) the decision on review is a child care decision made because of or in relation to section 105E, to the extent that the review relates to the individual's adjusted taxable income for the income year in which the CCS fortnight starts; 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 of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight starts; and
(ii) within 13 weeks after the individual or other person was notified by the Commissioner of the outcome of the review.
(3) A decision on AAT first review or AAT second review of a child care decision in relation to section 67CH as to a provider's entitlement to be paid ACCS (child wellbeing) must not have the effect that the amount of ACCS (child wellbeing) the provider is entitled to be paid for a week is increased (including from nil), if the CCS fortnight that includes the week started before the income year immediately before the income year in which the application for the review is made.