S 52 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018.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 52 formerly read:
SECTION 52 Limit on eligibility for child care benefit relating to hours
Limit on eligibility
52(1)
Despite:
(a)
an individual or an approved child care service (a
fee reduction claimant
) being eligible for child care benefit by fee reduction under section 43 or 47 respectively; or
(b)
an individual (a
past period claimant
) being eligible under section 44 for child care benefit for a past period;
the number of hours, in sessions of care in a week for which the claimant is eligible, is limited.
How limit is worked out
52(2)
The limit is worked out using this Subdivision. The Minister
'
s determination under section 57A deals with the hours that are to count towards that limit in certain circumstances.
If fee reduction claimant is an individual
-
how the limit is used
52(3)
For a fee reduction claimant who is an individual, the Secretary determines the limit under section 50H of the Family Assistance Administration Act while the claimant is conditionally eligible for child care benefit by fee reduction.
History
S 52(3) amended by No 30 of 2003, s 3 and Sch 2 item 56, by substituting
"
For
"
for
"
If
"
, effective 1 July 2000.
52(4)
The limit may be varied under:
(a)
subsection 59(2) or section 59F, 62C or 65D of the Family Assistance Administration Act; or
(b)
Subdivision U of Division 4 of Part 3 of that Act.
The limit, and variations to it made under Subdivision U of Division 4 of Part 3 of the Family Assistance Administration Act or section 65D of that Act, are worked out using this Subdivision as if the reference in subsection (1) to an individual being eligible under section 43 for child care benefit was a reference to the individual being conditionally eligible under section 42. The Secretary applies the limit when determining, under section 51B of the Family Assistance Administration Act, the amount of child care benefit the claimant is entitled to be paid.
History
S 52(4) amended by No 150 of 2005, s 3 and Sch 2 item 10, by inserting
"
subsection 59(2) or
"
before
"
section 59F
"
in para (a), applicable to sessions of care provided:
(a) during the first week commencing after 1 July 2006; and
(b) during subsequent weeks.
If fee reduction claimant is a service
-
how the limit is used
52(5)
For a fee reduction claimant that is an approved child care service, the limit is taken to be determined under section 54C of the Family Assistance Administration Act. The Secretary applies the limit when determining, under section 54B of the Family Assistance Administration Act, the amount of child care benefit the claimant is entitled to be paid.
History
S 52(5) amended by No 30 of 2003, s 3 and Sch 2 item 57, by substituting
"
For
"
for
"
If
"
, effective 1 July 2000.
Past period claimant
-
how the limit is used
52(6)
For a past period claimant, the Secretary applies the limit when determining, under section 52E of the Family Assistance Administration Act, the amount the claimant is entitled to be paid.
History
S 52(6) amended by No 30 of 2003, s 3 and Sch 2 item 58, by substituting
"
For
"
for
"
If
"
, effective 1 July 2000.
S 52 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 52 see history note under Div 4 heading.
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