Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (22 of 2017)

Schedule 4   Application, saving and transitional provisions

Part 3   Child care benefit and child care rebate

8   Saving of law in relation to child care benefit and child care rebate

(1) The following Acts and instruments continue in force, on and after the commencement day, in relation to child care benefit or child care rebate for which a person was eligible before the commencement day, subject to any modifications prescribed by rules made under item 12 (together these are the continued law ):

(a) the Assistance Act, as in force immediately before the commencement day;

(b) the Administration Act, as in force immediately before the commencement day;

(c) an instrument (whether legislative or administrative) in force for the purposes of the Assistance Act or the Administration Act immediately before the commencement day;

(d) any other Act amended by this Act, as in force immediately before the commencement day.

(2) Without limitation, subitem (1) has the following effects:

(a) a person may make a claim for child care benefit or child care rebate on or after the commencement day, in relation to a session of care provided before the commencement day;

(b) the Secretary must make determinations on and after the commencement day of eligibility for, and entitlement to be paid, child care benefit or child care rebate in respect of sessions of care provided before the commencement day;

(c) payments must be made on and after the commencement day of, or in relation to, child care benefit and child care rebate for which a person was eligible before the commencement day;

(d) the person continues to be liable for any debt to the Commonwealth incurred before the commencement day;

(e) the person may incur a debt to the Commonwealth after the commencement day in relation to payments made to the person before, on or after the commencement day;

(f) any such debts may be recovered on or after the commencement day in accordance with the continued law;

(g) decisions in relation to child care benefit and child care rebate that are reviewable may be reviewed on and after the commencement day in accordance with the continued law.

(3) Subitem (1) does not apply to the extent of any inconsistency with another provision of this Schedule.

(4) Subitem (1) does not limit the operation of section 7 of the Acts Interpretation Act 1901 in relation to the repeals made by Schedule 1 to this Act.