A New Tax System (Family Assistance) Act 1999
View history note
Hide history notePt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:
PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE
Div 4 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018.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.
Div 4 substituted by No 45 of 2000, s 3 Sch 1 item 54. For transitional provisions see note under s 10.
Subdiv G repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018.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.
(Repealed by No 22 of 2017)
S 54 repealed by No 22 of 2017, s 3 and Sch 1 item 35, effective 2 July 2018.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 54 formerly read:
Subsection 14(1A) specifies extra requirements for satisfying the work/training/study test for the purposes of this section.
SECTION 54 Circumstances when a limit of 50 hours applies
Overview of section
54(1)
This section sets out the circumstances in which a limit of 50 hours for sessions of care provided by an approved child care service to a child applies in a week to the eligibility of:
(a)
a fee reduction claimant (see paragraph 52(1)(a)); or
(b)
a past period claimant (see paragraph 52(1)(b)).
If claimant is an individual and work/training/study test satisfied
54(2)
A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if that claimant, and that claimant's partner (if any), satisfy the work/training/study test:
(a)
if subsection 14(1A) requires the claimant to meet the activity requirements under section 17A
-
for the week; or
(b)
in any other case
-
at some time in the week.
Note:
S 54(2) amended by No 150 of 2005, s 3 and Sch 2 items 11 and 12, by substituting all the words from ``work/training/study test'' (before the note) for ``work/training/study test at some time in the week.'' and inserting the note at the end, applicable to sessions of care provided:
If fee reduction claimant is an approved child care service and work/training/study test satisfied
54(3)
A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if:
(a) the person in whose care the child last was before the first session of care in the week is an individual; and
(b) the individual, and the individual's partner (if any), satisfy the work/training/study test:
(i) if subsection 14(1A) requires the claimant to meet the activity requirements under section 17A - for the week; or
(ii) in any other case - at some time in the week.
Note:
Subsection 14(1A) specifies extra requirements for satisfying the work/training/study test for the purposes of this section.
S 54(3) amended by No 150 of 2005, s 3 and Sch 2 items 13 and 14, by substituting para (b) and inserting the note at the end, applicable to sessions of care provided:
Para (b) formerly read:
(b) the individual, and the individual's partner (if any), satisfy the work/training/study test at some time in the week.
If claimant is an individual and carer allowance is payable
54(4)
A limit of 50 hours in the week applies to a fee reduction claimant who is an individual, or to a past period claimant, if carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991 ) is payable to the claimant or the claimant's partner (if any) for some or all of the week:
(a) in respect of an FTB child, or a regular care child, of the claimant or that claimant's partner; and
(b) pursuant to a claim under that Act that was determined before the week.
S 54(4) amended by No 146 of 2006, s 3 and Sch 8 item 52, by inserting " , or a regular care child, " after " FTB child " in para (a), effective 1 July 2008.
If fee reduction claimant is an approved child care service and carer allowance is payable
54(5)
A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if:
(a) the person in whose care the child last was before the first session of care in the week is an individual; and
(b) carer allowance for a disabled child (within the meaning of section 952 of the Social Security Act 1991 ) is payable to the individual or the individual's partner (if any) for some or all of the week:
(i) in respect of an FTB child, or a regular care child, of the individual or the individual's partner; and
(ii) pursuant to a claim under that Act that was determined before the week.
S 54(5) amended by No 146 of 2006, s 3 and Sch 8 item 53, by inserting " , or a regular care child, " after " FTB child " in para (b)(i), effective 1 July 2008.
If claimant and partner are disabled persons
54(6)
A limit of 50 hours in the week applies to a fee reduction claimant who is an individual or to a past period claimant if, during the week:
(a) the child is an FTB child, or a regular care child, of the claimant and that claimant is a disabled person (see subsection 3(1)); and
(b) the claimant's partner (if any) is also a disabled person.
S 54(6) amended by No 146 of 2006, s 3 and Sch 8 item 54, by inserting " , or a regular care child, " after " FTB child " in para (a), effective 1 July 2008.
If fee reduction claimant is an approved child care service - disabled persons
54(7)
A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if:
(a) the person in whose care the child last was before the first session of care in the week is an individual; and
(b) during the week, the child is an FTB child, or a regular care child, of the individual and that individual is a disabled person (see subsection 3(1)); and
(c) during the week, the individual's partner (if any) is also a disabled person.
S 54(7) amended by No 146 of 2006, s 3 and Sch 8 item 54, by inserting " , or a regular care child, " after " FTB child " in para (b), effective 1 July 2008.
If fee reduction claimant is an individual and Secretary considers that exceptional circumstances exist
54(8)
A limit of 50 hours in the week applies to a fee reduction claimant who is an individual if the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the claimant.
S 54(8) amended by No 150 of 2005, s 3 and Sch 1 item 4, by substituting ``24'' for ``20'', applicable to sessions of care provided:
For transitional provision, see note under s 53(1).
If fee reduction claimant is an approved child care service and Secretary considers that exceptional circumstances exist
54(9)
A limit of 50 hours in the week applies to a fee reduction claimant that is an approved child care service if:
(a) the person in whose care the child last was before the first session of care in the week is an individual; and
(b) the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the individual.
S 54(9) amended by No 150 of 2005, s 3 and Sch 1 item 5, by substituting ``24'' for ``20'' in para (b), applicable to sessions of care provided:
For transitional provision, see note under s 53(1).
Service considers that child at risk
54(10)
Subject to subsection (11), a limit of 50 hours in the week applies to a fee reduction claimant if:
(a) in the case where the claimant is an individual - the approved child care service providing care to the child; or
(b) in the case where the claimant is an approved child care service - the service;
certifies that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 24, up to a maximum of 50, hours of care in a week because the child is or has been at risk of serious abuse or neglect.
S 54(10) amended by No 150 of 2005, s 3 and Sch 1 item 6, by substituting ``24'' for ``20'', applicable to sessions of care provided:
For transitional provision, see note under s 53(1).
Limitation on service giving certificates under subsection (10)
54(11)
An approved child care service providing care to a child may only give a certificate under subsection (10) if the period specified in the certificate, and the period specified in each other certificate (if any) given by the service under subsection (10) in respect of the child and the same financial year, do not in total exceed 13 weeks.
Secretary considers that child at risk
54(12)
A limit of 50 hours in the week applies to a fee reduction claimant if:
(a) either:
(i) in the case where the claimant is an individual - the approved child care service providing care to the child; or
(ii) in the case where the claimant is an approved child care service - the service;
has given one or more certificates under subsection (10), such that the total period specified in the certificates in respect of the child in the same financial year equals 13 weeks; and
(b) the Secretary considers that the child needs or needed more than 24, up to a maximum of 50, hours of care in a week in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and
(c) the week falls within, or is the same as, the period specified by the Secretary.
S 54(12) amended by No 150 of 2005, s 3 and Sch 1 item 7, by substituting ``24'' for ``20'' in para (b), applicable to sessions of care provided:
For transitional provision, see note under s 53(1).
Determination that service is sole provider in area
54(13)
A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant if a determination is in force under section 57 (sole provider) during the week in respect of the approved child care service providing the care to the child.
Approved outside school hours care service providing care to child
54(14)
A limit of 50 hours in the week applies to a fee reduction claimant or past period claimant:
(a) who is an individual; or
(b) that is an approved outside school hours care service providing care to the child;
if the Secretary considers that, during the week, the claimant needs or needed care before or after school for the child from an approved outside school hours care service.
S 54 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 54 see history note under Div 4 heading.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
