A New Tax System (Family Assistance) Act 1999
View history note
Hide history notePt 4 heading substituted by No 22 of 2017, s 3 and Sch 1 item 38, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:
PART 4 - RATE OF FAMILY ASSISTANCE
Div 4 repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
Div 4 and 5 substituted by No 45 of 2000, s 3 Sch 1 item 55. For transitional provisions see note under S 10. Div 4 and 5 formerly read:
Subdivision A
-
Care provided by approved child care service
the service may certify in writing that the hourly rate of child care benefit for sessions of care it provides to the child while the certificate is in force is to be higher than the rate that would otherwise apply. The certificate must specify the higher rate and the period for which that rate applies. S 71(1) amended by No 83 of 1999, s 3 and Sch 2 items 27 to 29, by substituting para (a), substituting
"
child concerned
"
for
"
child
"
in subpara (b)(i), and substituting
"
individual concerned
"
for
"
individual
"
in subpara (b)(ii), effective 1 July 2000. Paragraph (a) formerly read: S 71(3) amended by No 83 of 1999, s 3 and Sch 2 item 30, by substituting
"
financial
"
for
"
calendar
"
in para (c), effective 1 July 2000. the Secretary may determine that the hourly rate of child care benefit for sessions of care the service provides to the child while the determination is in force is to be higher than the rate that would otherwise apply. The determination must specify the higher rate and the period for which that rate applies. S 71(4) amended by No 83 of 1999, s 3 and Sch 2 item 31, by substituting
"
financial
"
for
"
calendar
"
in para (b) and
"
the individual mentioned in subparagraph (1)(b)(ii)
"
for
"
an individual who is eligible for child care benefit for the care provided to the child
"
in para (c)(iii), effective 1 July 2000.
Subdivision B
-
Care provided by registered carer
SECTION 69
Application of Subdivision to parts of sessions of care
69
If an individual is eligible for child care benefit for only part of a session of care, this Subdivision applies to the individual
'
s rate of child care benefit for that part of the session as if a reference in this Subdivision to a session of care included a reference to a part of a session of care.
70 Rate of child care benefit for care provided by approved child care service
Care provided by approved child care service
-
individual eligible
70(1)
Subject to section
71
, an individual
'
s rate of child care benefit for a session of care provided by an approved child care service is worked out using Schedule
2
. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
Care provided by approved child care service
-
service eligible
70(2)
If an approved child care service is eligible for child care benefit for a session of care it provides to a child, the rate of child care benefit for the session is worked out using section
71
. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
Hourly rate may be applied to part of hour
70(3)
To avoid doubt, an hourly rate of child care benefit may be applied to a part of an hour of a session of care. That part of the hour attracts the appropriate proportion of the amount for a full hour.
71 Rate of child care benefit in special circumstances
71(1)
If:
(a)
this subsection is being applied for the purposes of subsection
42(2)
; and
(b)
the service is satisfied that:
(i)
the child concerned is at risk of serious abuse or neglect; or
(ii)
the individual concerned is experiencing hardship of a kind specified in a determination in force under subsection
48(1)
;
(a)
an individual is eligible for child care benefit for care provided to a child by an approved child care service; and
71(2)
If an approved child care service providing care to a child is eligible for child care benefit for care provided to the child, the service must certify in writing the hourly rate of child care benefit for the sessions of care it provides to the child while the certificate is in force. The certificate must specify the period for which that rate applies.
71(3)
The period specified in a certificate under subsection (1) or (2):
(a)
must be a number of complete weeks; and
(b)
may start before or after the certificate is given; and
(c)
must not be such that the total of that period, and the period specified in each other certificate (if any) given by the service under this section in relation to the child and the same financial year, exceeds 13 weeks.
71(4)
If:
(a)
an approved child care service gives a certificate under subsection (1) or (2); and
(b)
the total of the period specified in the certificate, and the period specified in each other certificate (if any) by the service under subsection (1) or (2) in relation to the child and the same financial year, equals 13 weeks; and
(c)
either:
(i)
the service is eligible for child care benefit for care provided for the child; or
(ii)
the Secretary is satisfied that the child is at risk of serious abuse or neglect; or
(iii)
the Secretary is satisfied that the individual mentioned in subparagraph (1)(b)(ii) is experiencing hardship of a kind specified in a determination in force under subsection
48(1)
;
71(5)
The period specified in the determination:
(a)
must be a number of complete weeks; and
(b)
may start before or after the determination is made.
71(6)
If a certificate is given under subsection (1) or (2), or a determination is made under subsection (4), the hourly rate of child care benefit for sessions of care provided by the approved child care service to the child during the period for which the certificate or determination applies is the rate specified in the certificate or determination. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
71(7)
A certificate under subsection (1) or (2), or a determination under subsection (4), is to be made in accordance with rules in force under subsection (8).
71(8)
The Minister may, by determination, make rules relating to the giving of certificates under subsection (1) or (2) and the making of determinations under subsection (4).
71(9)
A determination under subsection (8) is a disallowable instrument for the purposes of section
46A
of the
Acts Interpretation Act 1901
.
72 Weekly limit on benefit for care provided by approved child care service
72(1)
The total amount of child care benefit for care provided by an approved child care service to a child in a week is not to exceed the total of:
(a)
the amount charged by the service for sessions of care provided to the child in that week for which an individual is eligible for child care benefit; and
(b)
if the service is eligible for child care benefit for a session of care provided to the child in that week
-
the amount that would have been charged by the service for sessions of care provided to the child in that week if the service had not been eligible for that child care benefit.
72(2)
For the purposes of subsection (1), a week begins on a Monday.
73 Rate of child care benefit for care provided by registered carer
73(1)
The hourly rate of child care benefit for care provided to a child by a registered carer is the minimum hourly amount per hour. The
minimum hourly amount
is the amount specified in the numerator in the formula in clause
12
of Schedule
2
. Section
74
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
73(2)
To avoid doubt, the hourly rate may be applied to a part of an hour. That part of the hour attracts the appropriate proportion of the amount for a full hour.
74 Weekly limit on benefit for care provided by registered carer
74(1)
The total amount of child care benefit for care provided to a child by a registered carer or carers in a week is not to exceed:
Minimum hourly amount
×
50
where:
minimum hourly amount
is the amount specified in the numerator in the formula in clause
12
of Schedule
2
.
74(2)
For the purposes of subsection (1), a week begins on a Monday.
Division 5 - Indexation
Indexation of amounts used in rate calculations
75
Schedule 4 provides for the indexation of certain amounts used in working out rates of family assistance.
Subdiv C repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
(Repealed by No 22 of 2017)
S 81 repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 81 formerly read:
if the Secretary makes a determination as provided for in this section. S 81(1) amended by No 30 of 2003, s 3 and Sch 2 item 66, by inserting
"
Administration
"
after
"
Assistance
"
in para (a), effective 1 July 2000. the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child and the period for which the rate applies. S 81(2) amended by No 108 of 2006, s 3 and Sch 8 item 36, by substituting
"
an instrument
"
for
"
a determination
"
in para (c), effective 27 September 2006. S 81(2) amended by No 30 of 2003, s 3 and Sch 2 item 67, by substituting
"
and the period for which the rate applies
"
for
"
while the determination is in force
"
, effective 1 July 2000. the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child and the period for which the rate applies. S 81(3) amended by No 30 of 2003, s 3 and Sch 2 item 68, by substituting
"
and the period for which the rate applies
"
for
"
while the determination is in force
"
, effective 1 July 2000. the Secretary must determine the hourly rate of child care benefit for sessions of care the service provides to the child and the period for which the rate applies. S 81(4) amended by No 30 of 2003, s 3 and Sch 2 item 69, by substituting
"
and the period for which the rate applies
"
for
"
while the determination is in force
"
, effective 1 July 2000. required by the Secretary. (Repealed by No 30 of 2003) S 81(6) repealed by No 30 of 2003, s 3 and Sch 2 item 70, effective 1 July 2000. S 81(6) formerly read:
SECTION 81 Fee reductions or child care benefit rate determined by the Secretary
Overview of section
81(1)
This section provides for the rate applicable to:
(a)
an individual in respect of whom a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force; or
(b)
an approved child care service that is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk;
Secretary may determine rate in cases of hardship
-
individual conditionally eligible
81(2)
If:
(a)
a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and
(b)
either:
(i)
the total period specified in certificates given by the service under section 76 and certificates given under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service, in respect of the child in the same financial year equals 13 weeks; or
(ii)
the service is not able to give a certificate under subsection 76(1) because of the operation of section 79 or 80; and
(c)
the Secretary is satisfied that the individual is experiencing hardship of a kind specified in an instrument in force under paragraph 82(3)(a); and
(d)
the individual applies to the Secretary under subsection (5);
Secretary may determine rate if child at risk and individual conditionally eligible
81(3)
If:
(a)
a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and
(b)
the service either:
(i)
has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or
(ii)
is not able to give a certificate under subsection 76(1) because of the operation of section 79; and
(c)
the Secretary is satisfied that the child is at risk of serious abuse or neglect; and
(d)
the service applies to the Secretary under subsection (5);
Secretary must determine rate if service eligible and child at risk
81(4)
If:
(a)
an approved child care service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; and
(b)
the service either:
(i)
has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or
(ii)
is not able to give a certificate under subsection 76(2) because of the operation of section 79; and
(c)
the Secretary is satisfied that the child is at risk of serious abuse or neglect; and
(d)
the service applies to the Secretary under subsection (5);
Application for determination
81(5)
An application under subsection (2), (3) or (4) must:
(a)
be made in the form and manner; and
(b)
contain any information; and
(c)
be accompanied by any documents;
81(6)
Determination to specify certain things
81(6)
A determination must specify the rate and the period for which the determination is in force.
Period specified in the determination
81(7)
The period specified in a determination:
(a)
must be a number of complete weeks; and
(b)
may start before or after the determination is made.
Notice to be given of a determination under subsection (2)
81(8)
The Secretary must give notice of a determination made under subsection (2) to the individual and the service providing the care to the child.
Notice to be given of a determination under subsection (3) or (4)
81(9)
The Secretary must give notice of a determination made under subsection (3) or (4) to the service providing the care to the child.
Content of notice
81(10)
The notice must state:
(a)
the name of the child concerned; and
(b)
the rate determined by the Secretary in respect of sessions of care provided by the service to the child; and
(c)
that the claimant may apply for review of the determination in the manner set out in Part 5 of the Family Assistance Administration Act.
81(11)
The determination is not ineffective by reason only that any, or all, of the requirements of subsection (8), (9) or (10) are not complied with.
S 81 inserted by No 45 of 2000, s 3 Sch 1 item 55. For transitional provisions see note under s 10.
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