Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019 (125 of 2019)

Schedule 2   Amendments relating to ensuring the integrity of the child care subsidy system

A New Tax System (Family Assistance) (Administration) Act 1999

2   Sections 71F and 71G

Repeal the sections, substitute:

71F Debts in respect of CCS or ACCS for individual - provider at fault

If:

(a) an individual is paid an amount of CCS or ACCS for one or more sessions of care provided by a child care service of a provider; and

(b) all or part of the amount (the attributable amount ) is paid to the individual because the provider has:

(i) made a false or misleading statement; or

(ii) failed to comply with the family assistance law; and

(c) the individual incurs a debt under subsection 71B(1) or 71C(1) that is wholly or partly comprised of the attributable amount;

then:

(d) the individual is taken not to have incurred as a debt under subsection 71B(1) or 71C(1) so much of the amount of the debt as is equal to the attributable amount; and

(e) the attributable amount is instead a debt due to the Commonwealth by the provider.

71G Debts where provider approval is suspended cancelled or varied

(1) If:

(a) an amount is paid to a provider under the family assistance law; and

(b) before the payment is made:

(i) the provider's approval, or the provider's approval in respect of a service, is suspended by operation of section 197AB; or

(ii) the provider's approval is cancelled by operation of subsection 197L(1); or

(iii) the provider's approval is varied to remove a service from the approval by operation of subsection 197L(3); and

(c) because of that suspension, cancellation or variation, the recipient should not have been paid the amount;

the amount paid is a debt due to the Commonwealth by the provider.

(2) If:

(a) a fee reduction amount is paid to a provider under section 67EB in relation to a session of care provided by a child care service of the provider on a day; and

(b) after the payment is made, one of the following events occurs and takes effect on or before the day:

(i) the provider's approval is cancelled or suspended (other than by operation of section 197AB or subsection 197L(1));

(ii) the provider's approval is varied to remove the service from the approval (other than by operation of subsection 197L(3));

(iii) the provider's approval in respect of the service is suspended (other than by operation of section 197AB);

so much of the fee reduction amount as relates to the session of care is a debt due to the Commonwealth by the provider.