Family Assistance Legislation Amendment (Child Care) Act 2010 (34 of 2010)

Schedule 1   Business continuity payments

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

27   At the end of Part 8A

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Division 4 - Business continuity payments

219RD Business continuity payments

(1) The Secretary may determine that a payment is to be made to an approved child care service in relation to a period if:

(a) the service is required to give a report under subsection 219N(1) or (2) for a week in respect of one or more enrolments; and

(b) the service does not give the report for the week within the period applicable under subsection 219N(5); and

(c) the Secretary is satisfied that the failure to give the report is due to circumstances specified in a determination under subsection (2).

Note: Section 219RE deals with the setting off of payments made under this section.

(2) The Minister must, by legislative instrument, make a determination:

(a) specifying circumstances for the purposes of paragraph (1)(c); and

(b) setting out the method of determining the amounts of payments under this section.

The determination may set out any other matters relating to the making of payments under this section that the Minister thinks appropriate.

(3) The Secretary must pay the amount of any payment under this section to the credit of a bank account nominated and maintained by the approved child care service.

(4) The Secretary must give the approved child care service notice of the payment and of the period to which the payment relates.

(5) Notice of the payment must be given in the form, and in the manner or way, approved by the Secretary.

219RE Setting off business continuity payments

If a payment is made to an approved child care service under section 219RD, the Secretary must set off an amount equal to the payment against:

(a) any amount that is to be paid to the service in respect of fee reduction; or

(b) any enrolment advance that is to be paid to the service; or

(c) any payment that is to be made to the service under:

(i) subitem 97(5) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007; or

(ii) subitem 97A(5) of that Schedule (as modified by the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Regulations 2009).