PART 3A
-
PAYMENT OF CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY
History
Pt 3A inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. No 22 of 2017, s 3 and Sch 4 contain the following application, saving and transitional provisions:
Schedule 4
-
Application, saving and transitional provisions
Part 1
-
Introduction
1 Definitions
1
In this Schedule:
Administration Act
means the
A New Tax System (Family Assistance) (Administration) Act 1999
.
Assistance Act
means the
A New Tax System (Family Assistance) Act 1999
.
commencement day
means 2 July 2018.
Note:
Schedule 1 commences on 2 July 2018.
pre-commencement period
means the period commencing on 1 January 2018 and ending on 1 July 2018.
Part 2
-
Child care subsidy and additional child care subsidy
2 Commencement of child care subsidy and additional child care subsidy
2
A person can only be eligible for child care subsidy or additional child care subsidy for a session of care provided on or after the commencement day.
3 Deemed claims for CCS
3
An individual is taken to have made a claim in respect of a child for CCS, in accordance with Division
2
of Part
3A
of the Administration Act, if, immediately before the commencement day:
(a)
a determination is in effect under section
50F
of the Administration Act, that the individual is conditionally eligible under section
42
of the Assistance Act in respect of the child; or
(b)
the individual has made an effective claim for child care benefit on which the Secretary has not yet made a determination.
4 Pre-commencement claims etc. for CCS
(1)
The following things may be done during the pre-commencement period, for the purposes of ensuring that amounts of CCS and ACCS, and amounts under section
67EB
of the Administration Act, can be paid promptly for weeks commencing on and after the commencement day:
(a)
individuals may make claims for CCS, as if the amendments made by Schedule 1 were in force;
(b)
the Secretary may exercise powers and perform functions under Part
4A
of the Assistance Act and Part
3A
of the Administration Act as inserted by Schedule 1, and under Part
6
of the Administration Act as amended by Schedule 1, as if the amendments made by Schedule 1 were in force.
(2)
Subitem (1) does not limit the operation of section
4
of the
Acts Interpretation Act 1901
.
(3)
To avoid doubt, subitem (1) is subject to item 2.
…
6 Requirement for enrolments to be in writing
6
References in the Assistance Act and the Administration Act to a complying written arrangement include references to an arrangement:
(a)
in force immediately before the commencement day; and
(b)
under which a child was enrolled for care by an approved child care service within the meaning of the Administration Act as in force immediately before the commencement day.
Part 3
-
Child care benefit and child care rebate
7 End of child care benefit and child care rebate
7
No person can be eligible for child care benefit or child care rebate for care, or a session of care, provided on or after the commencement day.
8 Saving of law in relation to child care benefit and child care rebate
(1)
The following Acts and instruments continue in force, on and after the commencement day, in relation to child care benefit or child care rebate for which a person was eligible before the commencement day, subject to any modifications prescribed by rules made under item 12 (together these are the
continued law
):
(a)
the Assistance Act, as in force immediately before the commencement day;
(b)
the Administration Act, as in force immediately before the commencement day;
(c)
an instrument (whether legislative or administrative) in force for the purposes of the Assistance Act or the Administration Act immediately before the commencement day;
(d)
any other Act amended by this Act, as in force immediately before the commencement day.
(2)
Without limitation, subitem (1) has the following effects:
(a)
a person may make a claim for child care benefit or child care rebate on or after the commencement day, in relation to a session of care provided before the commencement day;
(b)
the Secretary must make determinations on and after the commencement day of eligibility for, and entitlement to be paid, child care benefit or child care rebate in respect of sessions of care provided before the commencement day;
(c)
payments must be made on and after the commencement day of, or in relation to, child care benefit and child care rebate for which a person was eligible before the commencement day;
(d)
the person continues to be liable for any debt to the Commonwealth incurred before the commencement day;
(e)
the person may incur a debt to the Commonwealth after the commencement day in relation to payments made to the person before, on or after the commencement day;
(f)
any such debts may be recovered on or after the commencement day in accordance with the continued law;
(g)
decisions in relation to child care benefit and child care rebate that are reviewable may be reviewed on and after the commencement day in accordance with the continued law.
(3)
Subitem (1) does not apply to the extent of any inconsistency with another provision of this Schedule.
(4)
Subitem (1) does not limit the operation of section
7
of the
Acts Interpretation Act 1901
in relation to the repeals made by Schedule 1 to this Act.
Part 4
-
Providers of child care services
9 Deemed approval of operators of existing approved child care services
(1)
If, immediately before the commencement day, a person is the operator of an approved child care service within the meaning of the Administration Act as then in force, then, on and after the commencement day:
(a)
the person is taken to be:
(i)
an approved provider within the meaning of the Administration Act; and
(ii)
approved in respect of the service; and
(b)
the service is taken to be a service of a type determined by the Secretary under subitem (2).
(2)
For paragraph (1)(b), the Secretary may, by instrument, determine an approved child care service within the meaning of the Administration Act as in force immediately before the commencement day to be a service of one of the following types, as described in the table in subclause
2(3)
of Schedule
2
to the Assistance Act (CCS hourly rate cap):
(a)
a centre-based day care service;
(b)
a family day care service;
(c)
an outside school hours care service;
(d)
a type of service prescribed by the Minister
'
s rules for the purposes of item 4 of that table.
(3)
An instrument made under subitem (2):
(a)
is not a legislative instrument if it is expressed to apply in relation to a particular approved child care service; and
(b)
is a legislative instrument if it is expressed to apply in relation to a class of approved child care services.
(4)
If, immediately before the commencement day, the approval of a child care service is suspended under Part
8
of the Administration Act, then, on and from the commencement day:
(a)
the approval of the operator of the service under subitem (1) is taken to be suspended in respect of the service; and
(b)
the Secretary may deal with the operator in respect of the service in accordance with the Administration Act as amended by this Act.
10 Saving of law in relation to approved providers
(1)
The following Acts and instruments continue in force, on and after the commencement day, subject to any modifications prescribed by rules made under item 12 (together these are the
continued law
), in relation to things done, or matters arising, before the commencement day in relation to a person mentioned in subitem 9(1):
(a)
the Assistance Act, as in force immediately before the commencement day;
(b)
the Administration Act, as in force immediately before the commencement day;
(c)
an instrument (whether legislative or administrative) in force for the purposes of the Assistance Act or the Administration Act immediately before the commencement day;
(d)
any other Act amended by this Act, as in force immediately before the commencement day.
(2)
Without limitation, subitem (1) has the following effects:
(a)
the person must continue to comply with the continued law in relation to care provided before the commencement day;
(b)
the person continues to be liable for any debt to the Commonwealth incurred before the commencement day;
(c)
the person may incur a debt to the Commonwealth after the commencement day in relation to payments made to the person before, on or after the commencement day;
(d)
any such debts may be recovered on or after the commencement day in accordance with the continued law;
(e)
decisions in relation to the person that are reviewable may be reviewed on and after the commencement day in accordance with the continued law.
Part 5
-
Miscellaneous
11 Delegations
11
The amendment of subsection
221(1)
of the Administration Act by this Act does not affect a delegation in effect for the purposes of that subsection immediately before the commencement day.
12 Transitional rules
(1)
The Minister may make rules prescribing matters:
(a)
required or permitted by this Act to be prescribed by the rules; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
In particular, rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a)
the amendments or repeals made by any Schedule to this Act; or
(b)
the enactment of this Act.
(3)
Rules made within 2 years after the commencement day may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the rules.
(4)
Subsection
12(2)
of the
Legislation Act 2003
does not apply in relation to a provision of the rules if:
(a)
the rules are registered within 2 years after the commencement day; and
(b)
the provision is taken to commence before the day the rules are registered, but on or after the commencement day.
(5)
However, if:
(a)
rules are registered to which paragraph (4)(a) and (b) applies; and
(b)
a person engaged in conduct before the day the rules were registered; and
(c)
but for any retrospective effect of the rules, the conduct would not have contravened a provision of this Act, or another Act or instrument;
then a court must not convict the person of an offence, or impose a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act or another Act or instrument.
(6)
This Schedule does not limit the rules that may be made under this item.
Division 4
-
Estimates etc. of adjusted taxable income
History
Div 4 inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
SECTION 67DD
Indexed actual incomes
67DD(1)
The Secretary may calculate an indexed actual income for an individual under subsection (4), with a start day chosen by the Secretary, if:
(a)
the individual, or the individual
'
s partner, is a claimant for CCS by fee reduction; and
(b)
a determination is in effect under paragraph
67CC(1)(a)
that the claimant is eligible for CCS; and
(c)
information about the adjusted taxable income of the individual needed to make a determination under Division
3
for the claimant is not known; and
(d)
the most recent such determination made for the claimant was made on the basis of an indexed estimate or an indexed actual income; and
(e)
since the claimant was last given a notice under subsection
67DC(2)
or subsection (2) of this section stating an indexed estimate or indexed actual income for an individual, the claimant has not given the Secretary an estimate of the claimant
'
s adjusted taxable income that the Secretary considers to be reasonable; and
(f)
the adjusted taxable income for an income year (
actual income
) of the individual (disregarding the effect for couples of clause
3AA
of Schedule
3
to the Family Assistance Act) becomes known to the Secretary and it is the most recent income year for which the individual
'
s actual income is known to the Secretary.
History
S 67DD(1) amended by No 125 of 2019, s 3 and Sch 1 item 48, by substituting
"
clause 3AA
"
for
"
clause 3
"
in para (f), effective 16 December 2019.
67DD(2)
If:
(a)
the Secretary calculates an indexed actual income for the individual; and
(b)
the indexed actual income is greater than the individual
'
s current ATI number (see subsection (5));
the Secretary may give the claimant a notice:
(c)
stating the indexed actual income for the individual; and
(d)
specifying the start day used in the Secretary
'
s calculation (which must be the start of a CCS fortnight at least 14 days after the day the notice is given).
67DD(3)
A notice given to a claimant under subsection (2) stating an indexed actual income for an individual has no effect if, before the start day specified in the notice, the Secretary gives the claimant another notice under that subsection or a notice under subsection
55AA(2)
stating an indexed estimate or indexed actual income for the same individual. Any other such notice must specify a start day that is no earlier than the start day specified in the superseded notice.
67DD(4)
Calculate an indexed actual income (which may be nil) for the individual by multiplying the actual income of the individual which became known to the Secretary by the indexation factor, rounding the result to the nearest dollar and rounding 50 cents upwards. The indexation factor is the greater of 1 and the factor worked out to 3 decimal places as follows (increasing the factor by 0.001 if it would, if worked out to 4 decimal places, end in a number greater than 4):
| |
AWE for the reference period in the most recent November |
|
| |
AWE for the reference period in the highest previous November |
|
where:
AWE
means the amount published by the Australian Statistician in a document titled
"
Average Weekly Earnings
"
under the headings
"
Average Weekly Earnings, Australia
-
Original
-
Persons
-
All employees total earnings
"
(or, if any of those change, in a replacement document or under replacement headings).
highest previous November
means the November in which, of all the Novembers from November 2004 to the November before the most recent November (inclusive), AWE was the highest.
most recent November
means the November of the income year before the income year in which the start day occurs.
reference period
, in a particular November, means the period described by the Australian Statistician as the last pay period ending on or before a specified day that is the third Friday of that November.
67DD(5)
For the purposes of paragraph (2)(b), the individual
'
s
current ATI number
is:
(a)
if, at the time of calculation, the Secretary has given the claimant a notice under subsection
67DC(2)
or subsection (2) of this section stating an indexed estimate or indexed actual income for the individual with a start day that has not arrived
-
the indexed estimate or indexed actual income stated in the notice; or
(b)
if paragraph (a) does not apply and the individual is the claimant
-
the amount the Secretary is permitted to use for the individual under section
67DB
(disregarding the effect for couples of section
67DE
of this Act and clause
3AA
of Schedule
3
to the Family Assistance Act); or
(c)
if paragraph (a) does not apply and the individual is the claimant
'
s partner
-
the amount the Secretary would be permitted to use for the individual under section
67DB
if the individual were the claimant (disregarding the effect for couples of section
67DE
of this Act and clause
3AA
of Schedule
3
to the Family Assistance Act).
History
S 67DD(5) amended by No 125 of 2019, s 3 and Sch 1 item 48, by substituting
"
clause 3AA
"
for
"
clause 3
"
in para (b) and (c), effective 16 December 2019.
67DD(6)
A notice under subsection (2) is not a legislative instrument.
History
S 67DD inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
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