A New Tax System (Family Assistance) Act 1999
View history note
Hide history notePt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:
PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE
Div 4 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
Div 4 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10.
Subdiv G repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
(Repealed by No 22 of 2017)
S 53 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 53 formerly read:
S 53(1) amended by No 150 of 2005, s 3 and Sch 1 item 1, by substituting
"
24
"
for
"
20
"
in para (a), applicable to sessions of care provided:
No 150 of 2005, s 3 and Sch 1 item 16, contains the following transitional provision: on and from the start of the first week commencing after 1 July 2006, the determination is taken to be a determination under that subsection or section (as the case may be) that the weekly limit of hours applicable to the claimant and the child is 24 hours. S 53(2) amended by No 150 of 2005, s 3 and Sch 1 item 2, by substituting
"
24
"
for
"
20
"
in para (a), applicable to sessions of care provided:
For transitional provision, see note under s 53(1). S 53(3) amended by No 150 of 2005, s 3 and Sch 1 item 3, by substituting
"
24
"
for
"
20
"
, applicable to sessions of care provided:
For transitional provision, see note under s 53(1).
SECTION 53 Weekly limit of hours
Weekly limit for fee reduction claimants
53(1)
The weekly limit of hours applicable to a fee reduction claimant is as provided for in this Subdivision:
(a)
a limit of 24 hours; or
(b)
a limit of 50 hours: or
(c)
a limit of more than 50 hours; or
(d)
a 24 hour care limit (but see section 56 which provides that this limit can only apply if the care is not provided by an approved occasional care service).
16 Transitional provision
-
claimants for whom there is an existing 20-hour determination
(1)
If:
(a)
immediately before the start of the first week commencing after 1 July 2006:
(i)
a determination under subsection 50H(1) of the Family Assistance Administration Act is in force; or
(ii)
a determination of a weekly limit of hours is taken to have been made under section 54C of that Act; and
(b)
the determination is a determination that the weekly limit of hours applicable to the claimant and the child referred to in that subsection or section (as the case may be) is 20 hours;
(2)
If subitem (1) applies to a determination under subsection 50H(1) that is in force, the Secretary must give notice to:
(a)
the claimant; and
(b)
the approved child care service (within the meaning of the Family Assistance Administration Act), or approved child care services, that are, or will be, providing care to the child.
(3)
The notice must state that on and from the start of the first week commencing after 1 July 2006, the weekly limit of hours applicable to the claimant and the child is 24 hours.
(4)
A failure to comply with subitem (2) or (3), or both, does not affect the validity of a determination to which subitem (1) applies.
(5)
Section 219A of the Family Assistance Administration Act applies in relation to a notice under subitem (2) as if it were a notice of a kind referred to in column 1 of table item 6 of the table in subsection 219A(2) of that Act.
Weekly limit for past period claimants
53(2)
The weekly limit of hours applicable to a past period claimant is, as provided for in this Subdivision:
(a)
a limit of 24 hours; or
(b)
a limit of 50 hours.
24 hour limit applies if no other limit does
53(3)
In a week, a limit of 24 hours applies to a claimant if:
(a)
in the case of a fee reduction claimant
-
a limit of 50 hours, a limit of more than 50 hours or a 24 hour care limit does not apply in respect of the week; and
(b)
in the case of a past period claimant
-
a limit of 50 hours does not apply in respect of the week.
Weekly limit of hours must not include unauthorised 24 hour care
53(4)
The weekly limit of hours applicable to a claimant under this section, other than a 24 hour care limit under paragraph (1)(d), must not include hours during which an approved child care service is providing 24 hour care to the child.
S 53 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10. For former wording of s 53 see history note under Div 4 heading.
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