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

35   Section 71B

Repeal the section, substitute:

71B Debts where no entitlement or where enrolment advance wrongly paid

(1) If:

(a) an approved child care service is required under section 219B to pass an amount on to an individual (the recipient ) in respect of one or more sessions of child care provided by the service to a child, but the recipient was not entitled to child care benefit in respect of the session or sessions of care; or

(b) an approved child care service is required under section 219BA to pass an amount on to itself (the recipient ) in respect of one or more sessions of child care provided by the service to a child at risk, but the recipient was not entitled to child care benefit in respect of the session or sessions of care; or

(c) an amount has been paid to a person (the recipient ) by way of child care benefit in respect of a period, but the recipient was not entitled to child care benefit in respect of that period;

the amount so paid is, subject to section 71F, a debt due to the Commonwealth by the recipient.

(2) If:

(a) an enrolment advance was paid to a child care service under section 219RA; and

(b) the service was not entitled to be paid the advance;

the amount of the advance becomes a debt due to the Commonwealth by the service.

(3) If:

(a) a payment under section 219Q or subsection 219QA(2) in respect of fee reduction, or a payment under section 219RA of an enrolment advance, is made to a financial institution for the credit of an account kept with the institution (the 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 someone 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, as the case requires, in whose name the incorrect account was kept.