Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (118 of 2007)

Schedule 1   Amendments relating to Child Care Management System

Part 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

18   After Subdivision CA of Division 4 of Part 3

Insert:

Subdivision CB - Calculating the rate and amount of fee reductions

50Z Calculating the rate and amount of fee reductions - individual conditionally eligible

(1) If:

(a) a determination of conditional eligibility for child care benefit by fee reduction under section 50F is in force in respect of an individual (the claimant ) and a child for a session or sessions of care provided by the service in a week; and

(b) the service gives a report under subsection 219N(1) in respect of the individual and the child in respect of the week;

the Secretary must calculate the rate at which, and the amount in which, the Secretary considers fee reduction is applicable in respect of the session or sessions of care provided in the week.

(2) In calculating the rate and amount, the Secretary must take into account all of the following decisions:

(a) determinations made under this Act and under the Family Assistance Act by the Secretary in respect of the claimant and the child;

(b) certificates given by the service in respect of the claimant and the child that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act;

(c) certificates given by the service setting a rate of fee reductions under subsection 76(1) of the Family Assistance Act in respect of the claimant and the child.

(3) The Secretary must notify the approved child care service of the rate and amount calculated.

(4) The notice must be given in the form, and in the manner or way, approved by the Secretary.

(5) Without limiting subsection (4), the Secretary may approve notification of the rate and amount by making the information available to the approved child care service using an electronic interface. In that case, the approved child care service is taken to have been given the notice on the day on which the information is made available.

50ZA Revising the rate and amount calculation

(1) The Secretary may recalculate the rate at which, and the amount in which, the Secretary considers fee reduction is applicable in respect of a session or sessions of care provided by the service to the child in the week, provided no determination has been made under section 51B of the rate at which and the amount in which the Secretary considers the claimant eligible for the income year in which the week falls.

(2) Subject to subsection (3), the Secretary must notify the approved child care service of the recalculated rate and amount.

(3) The Secretary need not notify the approved child care service of the recalculated rate and amount if the rate or amount is reduced, and the recalculation is for a reason other than the substitution or withdrawal by the service of a report given under section 219N.

(4) The notice must be given in the form, and in the manner or way, approved by the Secretary.

(5) Without limiting subsection (4), the Secretary may approve notification of the recalculated rate and amount by making the information available to the approved child care service using an electronic interface. In that case, the approved child care service is taken to have been given the notice on the day on which the information is made available.

50ZB Calculating the amount of child care benefit by fee reduction - service eligible

(1) If:

(a) an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session or sessions of care provided by the service to a child at risk; and

(b) the service gives a report under subsection 219N(2) in respect of the child in respect of a week;

the Secretary must calculate the amount in which the Secretary considers child care benefit by fee reduction is applicable in respect of the child in respect of the week.

(2) In calculating the amount, the Secretary must take into account all of the following decisions:

(a) determinations made under this Act and under the Family Assistance Act by the Secretary in respect of the child;

(b) certificates given by the service in respect of the child that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(4) of the Family Assistance Act;

(c) certificates given by the service setting a rate of child care benefit by fee reduction under subsection 76(2) of the Family Assistance Act in respect of the child.

(3) The Secretary must notify the approved child care service of the amount calculated.

(4) The notice must be given in the form, and in the manner or way, approved by the Secretary.

(5) Without limiting subsection (4), the Secretary may approve notification of the amount by making the information available to the approved child care service using an electronic interface. In that case, the approved child care service is taken to have been given the notice on the day on which the information is made available.

50ZC Revising the rate and amount calculation

(1) The Secretary may recalculate the amount in which the Secretary considers child care benefit by fee reduction is applicable in respect of a session or sessions of care provided to the child in the week, provided no determination has been made under section 54B of the amount in which the Secretary considers the service eligible in respect of the care provided to the child for the financial year in which the week falls.

(2) Subject to subsection (3), the Secretary must notify the approved child care service of the recalculated amount.

(3) The Secretary need not notify the approved child care service of the recalculated amount if the amount is reduced, and the recalculation is for a reason other than the substitution or withdrawal by the service of a report given under section 219N.

(4) The notice must be given in the form, and in the manner or way, approved by the Secretary.

(5) Without limiting subsection (4), the Secretary may approve notification of the recalculated amount by making the information available to the approved child care service using an electronic interface. In that case, the approved child care service is taken to have been given the notice on the day on which the information is made available.