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
97 Sections 71B to 71H
Repeal the sections, substitute:
71B Debts in respect of CCS or ACCS - no entitlement
(1) If:
(a) an amount is paid to an individual (the recipient ) by way of CCS for one or more sessions of care, but the recipient is not entitled to be paid CCS for the sessions of care; or
(b) an amount is paid to an individual (the recipient ) by way of a kind of ACCS for one or more sessions of care, but the recipient is not entitled to be paid that kind of ACCS for the sessions of care; or
(c) an amount is paid to a provider (the recipient ) by way of ACCS (child wellbeing) for a session of care provided to a child, but the recipient is not entitled to be paid ACCS (child wellbeing) for the session of care;
the amount is a debt due to the Commonwealth by the recipient.
(2) If:
(a) a payment is made under Division 5 of Part 3A to a financial institution for the credit of an account kept with the institution (an incorrect account ); and
(b) the Secretary is satisfied that the amount was intended to be paid for the credit of an account kept in the name of a person who is not the person, or one of the persons, in whose name the incorrect account is kept;
an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account is kept.
71C Debts in respect of CCS or ACCS - overpayment
(1) If:
(a) an amount (the received amount ) is paid to an individual by way of CCS or ACCS for one or more sessions of care; and
(b) the received amount is greater than the amount (the correct amount ) of CCS or ACCS the individual was entitled to be paid for the sessions of care;
the difference between the received amount and the correct amount is a debt due to the Commonwealth by the individual.
(2) If:
(a) an amount (the received amount ) is paid to a provider under section 67EE by way of ACCS (child wellbeing) for one or more sessions of care; and
(b) the received amount is greater than the amount (the correct amount ) of ACCS (child wellbeing) the provider was entitled to be paid for the sessions of care;
the difference between the received amount and the correct amount is a debt due to the Commonwealth by the provider.
71D Debts in respect of fee reduction amounts provider fails to pass on or remit
If a provider to whom notice of a fee reduction decision is given does not do one of the following within 14 days after the notice is given:
(a) pass on the fee reduction amount for the decision to the individual to whom the decision relates;
(b) remit the fee reduction amount to the Secretary in a manner approved by the Secretary;
an amount equal to the fee reduction amount is a debt due to the Commonwealth by the provider.
71E Debts in respect of ACCS (child wellbeing) for provider - individual at fault
(1) The Secretary may make a determination for an individual and a provider in the circumstances referred to in subsection (2). If the Secretary does so:
(a) the provider is taken not to have incurred a debt that, apart from the determination, was incurred by the provider under subsection 71B(1) or 71C(2); and
(b) the amount of the debt is instead a debt due to the Commonwealth by the individual.
(2) The circumstances are that:
(a) the individual makes a false or misleading statement; and
(b) because of the statement, the provider is paid an amount by way of ACCS (child wellbeing) for one or more sessions of care provided by a service to a child who was in the care of the individual immediately before the sessions of care were provided; and
(c) the provider incurs a debt under subsection 71B(1) or 71C(2) in relation to the payment.
71F Debts in respect of CCS or ACCS for individual - provider at fault
(1) The Secretary may make a determination for an individual and a provider in the circumstances referred to in subsection (2). If the Secretary does so:
(a) the individual is taken not to have incurred a debt that, apart from the determination, was incurred by the individual under subsection 71B(1) or 71C(1); and
(b) the amount of the debt is instead a debt due to the Commonwealth by the provider.
(2) The circumstances are that:
(a) the provider:
(i) makes a false or misleading statement; or
(ii) fails to comply with the family assistance law; and
(b) because of the statement or failure, the individual is paid an amount of CCS or ACCS for one or more sessions of care provided by a child care service of the provider; and
(c) the individual incurs a debt under subsection 71B(1) or 71C(1) in relation to the payment.
71G Debts where provider approval is suspended, cancelled or varied
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;
(ii) the provider's approval is varied so as to remove the service from the approval;
(iii) the provider's approval in respect of the service is suspended;
so much of the fee reduction amount as relates to the session of care is a debt due to the Commonwealth by the provider.
71H Debts in respect of business continuity payments paid to provider
(1) If:
(a) an amount is paid under section 205A (business continuity payments) in respect of a child care service; and
(b) any of the following occurs:
(i) the approval of the provider of the service is suspended or cancelled;
(ii) the approval of the provider of the service is varied to remove the service from the approval;
(iii) the approval of the provider in respect of the service is suspended; and
(c) the whole or a part of the amount has not already been set off against another amount under section 205B by the day the suspension, cancellation or variation takes effect;
then that whole or part is a debt due to the Commonwealth by the provider immediately before the provider's approval was suspended, cancelled or varied.
(2) If:
(a) a payment under section 205A is made to a financial institution for the credit of an account kept with the institution (an incorrect account ); and
(b) the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person, or one of the persons, in whose name the incorrect account was kept;
an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account was kept.