A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 2 - Amounts of child care subsidy and additional child care subsidy  

Part 5 - Activity test  

Division 1 - Individual ' s activity test result  

12   Recognised activity result  

(1)    
The recognised activity result for an individual for a CCS fortnight, in relation to any child, is the result specified in the following table for the individual ' s circumstances in the CCS fortnight.

Recognised activity result
Item	If an individual engages in this many hours of recognised activity in the CCS fortnight:	The result is:
1	fewer than 8	0
2	at least 8 and no more than 16	36
3	more than 16 and no more than 48	72
4	more than 48	100

Note:

The number of hours of recognised activity for an individual to be counted towards the recognised activity result may be affected by Minister ' s rules made for the purposes of subclause (4), or a Secretary ' s determination made under subclause (5).

What is recognised activity

(2)    
An individual engages in recognised activity if the individual engages in any one or more of the following:

(a)    paid work (whether or not as an employee);

(b)    a training course for the purpose of improving the individual ' s work skills or employment prospects, or both;

(c)    an approved course of education or study;

(d)    an activity prescribed by the Minister ' s rules, in circumstances (if any) prescribed by those rules;

(e)    an activity determined for the individual by the Secretary under subclause (5), in circumstances (if any) specified in the determination.

Note 1:

The definition of paid work in section 3B does not apply in relation to paragraph (2)(a) of this clause. For the purposes of that paragraph, paid work has its ordinary meaning.

Note 2:

For approved course of education or study , see subsection 541B(5) of the Social Security Act 1991 and subsection 3(1) of this Act.

Associated activities

(3)    
An individual who engages in recognised activity mentioned in any of paragraphs (2)(a) to (d) is taken also to engage in recognised activity of that kind while:

(a)    engaging in other activity prescribed by the Minister ' s rules as being associated with recognised activity of that kind; or

(b)    taking leave or another break from, or otherwise not performing, recognised activity of that kind in circumstances prescribed by the Minister ' s rules (whether or not the individual has engaged in recognised activity of that kind during the CCS fortnight).

Hours during which activities are engaged in

(4)    
For the purposes of working out the recognised activity result for an individual who engages in recognised activity mentioned in any of paragraphs (2)(a) to (d) during a CCS fortnight, the Minister ' s rules may prescribe either or both of the following:

(a)    how to work out a number of hours of recognised activity of that kind that is taken to be counted towards the activity in that fortnight (which may be more or less than the actual number of hours during which the individual engaged in the activity during the fortnight);

(b)    a maximum number of hours that are to be counted towards the activity in that fortnight (including a maximum number of hours taken to be so counted by the operation of rules made for the purposes of paragraph (a)).

Secretary ' s determination

(5)    
The Secretary may, in writing, make a determination for an individual for the purposes of paragraph (2)(e). The determination may also provide for any matter covered by Minister ' s rules that may be made for the purposes of subclause (3) or (4) in relation to the individual.

(6)    
A determination made under subclause (5) is not a legislative instrument.

Changes in the number of hours of recognised activity

(7)    
In working out the recognised activity result, a change in the number of hours of recognised activity in which an individual engages in a CCS fortnight is to be disregarded until the CCS fortnight immediately after the CCS fortnight in which the change occurs.