S 45 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 45 formerly read:
SECTION 45 When an individual is eligible for child care benefit for a past period for care provided by a registered carer
45(1)
An individual is eligible for child care benefit for a past period for care provided (see section 12) by a registered carer to a child if:
(a)
the child is an FTB child, or a regular care child, of the individual, or the individual's partner, during the period; and
(b)
the care is provided in Australia; and
(c)
the child is neither an FTB child, nor a regular care child, of the registered carer, or the partner of the carer; and
(d)
the individual, or the individual's partner, is liable to pay for the care and the care has been paid for; and
(e)
the individual, and the individual's partner, satisfy the work/training/study test at some time during the week in which the care is provided; and
(f)
when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual's partner:
(i)
is an Australian resident; or
(ia)
is a special category visa holder residing in Australia; or
(ii)
satisfies subsection (1A); or
(iii)
is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and
(g)
when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and
(h)
the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and
(i)
the care starts on or after the commencement of this Act.
History
S 45(1) amended by No 146 of 2006, s 3 and Sch 8 items 49 and 50, by inserting
"
, or a regular care child,
"
after
"
FTB child
"
in para (a) and substituting
"
neither an FTB child, nor a regular care child,
"
for
"
not an FTB child
"
in para (c), effective 1 July 2008.
S 45(1)(f)(ia) inserted by No 18 of 2001, s 3 and Sch 2 item 12, effective 30 March 2001.
S 45(1) amended by No 94 of 2000, s 3 Sch 8 item 7, by substituting
"
satisfies subsection (1A); or
"
for
"
meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the
Social Security Act 1991
and is in Australia; or
"
in para (f)(ii), effective 20 September 2000.
When individual satisfies this subsection
45(1A)
An individual satisfies this subsection if:
(a)
the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the
Social Security Act 1991
; and
(b)
either:
(i)
the individual is in Australia; or
(ii)
the individual is temporarily absent from Australia for a period not exceeding 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
History
S 45(1A) substituted by No 98 of 2012, s 3 and Sch 2 item 4, effective 1 January 2013. S 45(1A) formerly read:
When individual satisfies this subsection
45(1A)
An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the
Social Security Act 1991
, and either of the following applies:
(a)
the individual is in Australia; or
(b)
the individual:
(i)
is temporarily absent from Australia for a period not exceeding 13 weeks; and
(ii)
the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
S 45(1A) amended by No 122 of 2003, s 3 and Sch 6 item 3, by substituting
"
13
"
for
"
26
"
in para (b)(i), effective 1 July 2004. For application provision, see note under s 21(1A).
S 45(1A) inserted by No 94 of 2000, s 3 Sch 8 item 8, effective 20 September 2000.
Requirement relating to immunisation referred to in paragraph (1)(g)
45(2)
For the purposes of paragraph (1)(g), the requirement relating to immunisation is that, if the child is under 20, the child must meet the immunisation requirements set out in section 6.
History
S 45(2) substituted by No 158 of 2015, s 3 and Sch 1 item 9, effective 1 January 2016. For application and transitional provision, see note under s 6(3). S 45(2) formerly read:
Requirement relating to immunisation referred to in paragraph (1)(g)
45(2)
For the purposes of paragraph (1)(g), the requirement relating to immunisation is that, if:
(a)
the child is under 7 and is born on or after 1 January 1996; and
(b)
the individual has previously made a claim for payment of child care benefit under Part 3 of the Family Assistance Administration Act in respect of a period of care provided by a registered carer to the child;
the child must meet the immunisation requirements set out in section 6.
Secretary may determine that individual is a regular care child
45(3)
The Secretary may determine that an individual who is neither an FTB child, nor a regular care child, of another individual during the period of care is taken to be a regular care child of the other individual during that period for the purposes of paragraph (1)(a).
History
S 45(3) amended by No 98 of 2012, s 3 and Sch 7 items 11 to 13, by substituting
"
an individual
"
for
"
a child
"
,
"
another individual
"
for
"
an individual
"
, and
"
the other individual
"
for
"
the individual
"
, applicable in relation to determinations made by the Secretary on or after 30 June 2012.
S 45(3) substituted by No 146 of 2006, s 3 and Sch 8 item 51, effective 1 July 2008. S 45(3) formerly read:
Secretary may determine that child is an FTB child
45(3)
The Secretary may determine that a child who is not an FTB child of an individual during the period of care is taken to be an FTB child of the individual during that period for the purposes of paragraph (1)(a).
Section subject to sections 48 and 49
45(4)
This section is subject to sections 48 and 49 (which deal with limits on eligibility).
S 45 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10. For former wording of s 45 see history note under Div 4 heading.
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