A New Tax System (Family Assistance) Act 1999
View history note
Hide history notePt 4 heading substituted by No 22 of 2017, s 3 and Sch 1 item 38, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:
PART 4 - RATE OF FAMILY ASSISTANCE
Div 4 repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
Div 4 and 5 substituted by No 45 of 2000, s 3 Sch 1 item 55. For transitional provisions see note under S 10. Div 4 and 5 formerly read:
Subdivision A
-
Care provided by approved child care service
the service may certify in writing that the hourly rate of child care benefit for sessions of care it provides to the child while the certificate is in force is to be higher than the rate that would otherwise apply. The certificate must specify the higher rate and the period for which that rate applies. S 71(1) amended by No 83 of 1999, s 3 and Sch 2 items 27 to 29, by substituting para (a), substituting
"
child concerned
"
for
"
child
"
in subpara (b)(i), and substituting
"
individual concerned
"
for
"
individual
"
in subpara (b)(ii), effective 1 July 2000. Paragraph (a) formerly read: S 71(3) amended by No 83 of 1999, s 3 and Sch 2 item 30, by substituting
"
financial
"
for
"
calendar
"
in para (c), effective 1 July 2000. the Secretary may determine that the hourly rate of child care benefit for sessions of care the service provides to the child while the determination is in force is to be higher than the rate that would otherwise apply. The determination must specify the higher rate and the period for which that rate applies. S 71(4) amended by No 83 of 1999, s 3 and Sch 2 item 31, by substituting
"
financial
"
for
"
calendar
"
in para (b) and
"
the individual mentioned in subparagraph (1)(b)(ii)
"
for
"
an individual who is eligible for child care benefit for the care provided to the child
"
in para (c)(iii), effective 1 July 2000.
Subdivision B
-
Care provided by registered carer
SECTION 69
Application of Subdivision to parts of sessions of care
69
If an individual is eligible for child care benefit for only part of a session of care, this Subdivision applies to the individual
'
s rate of child care benefit for that part of the session as if a reference in this Subdivision to a session of care included a reference to a part of a session of care.
70 Rate of child care benefit for care provided by approved child care service
Care provided by approved child care service
-
individual eligible
70(1)
Subject to section
71
, an individual
'
s rate of child care benefit for a session of care provided by an approved child care service is worked out using Schedule
2
. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
Care provided by approved child care service
-
service eligible
70(2)
If an approved child care service is eligible for child care benefit for a session of care it provides to a child, the rate of child care benefit for the session is worked out using section
71
. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
Hourly rate may be applied to part of hour
70(3)
To avoid doubt, an hourly rate of child care benefit may be applied to a part of an hour of a session of care. That part of the hour attracts the appropriate proportion of the amount for a full hour.
71 Rate of child care benefit in special circumstances
71(1)
If:
(a)
this subsection is being applied for the purposes of subsection
42(2)
; and
(b)
the service is satisfied that:
(i)
the child concerned is at risk of serious abuse or neglect; or
(ii)
the individual concerned is experiencing hardship of a kind specified in a determination in force under subsection
48(1)
;
(a)
an individual is eligible for child care benefit for care provided to a child by an approved child care service; and
71(2)
If an approved child care service providing care to a child is eligible for child care benefit for care provided to the child, the service must certify in writing the hourly rate of child care benefit for the sessions of care it provides to the child while the certificate is in force. The certificate must specify the period for which that rate applies.
71(3)
The period specified in a certificate under subsection (1) or (2):
(a)
must be a number of complete weeks; and
(b)
may start before or after the certificate is given; and
(c)
must not be such that the total of that period, and the period specified in each other certificate (if any) given by the service under this section in relation to the child and the same financial year, exceeds 13 weeks.
71(4)
If:
(a)
an approved child care service gives a certificate under subsection (1) or (2); and
(b)
the total of the period specified in the certificate, and the period specified in each other certificate (if any) by the service under subsection (1) or (2) in relation to the child and the same financial year, equals 13 weeks; and
(c)
either:
(i)
the service is eligible for child care benefit for care provided for the child; or
(ii)
the Secretary is satisfied that the child is at risk of serious abuse or neglect; or
(iii)
the Secretary is satisfied that the individual mentioned in subparagraph (1)(b)(ii) is experiencing hardship of a kind specified in a determination in force under subsection
48(1)
;
71(5)
The period specified in the determination:
(a)
must be a number of complete weeks; and
(b)
may start before or after the determination is made.
71(6)
If a certificate is given under subsection (1) or (2), or a determination is made under subsection (4), the hourly rate of child care benefit for sessions of care provided by the approved child care service to the child during the period for which the certificate or determination applies is the rate specified in the certificate or determination. Section
72
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
71(7)
A certificate under subsection (1) or (2), or a determination under subsection (4), is to be made in accordance with rules in force under subsection (8).
71(8)
The Minister may, by determination, make rules relating to the giving of certificates under subsection (1) or (2) and the making of determinations under subsection (4).
71(9)
A determination under subsection (8) is a disallowable instrument for the purposes of section
46A
of the
Acts Interpretation Act 1901
.
72 Weekly limit on benefit for care provided by approved child care service
72(1)
The total amount of child care benefit for care provided by an approved child care service to a child in a week is not to exceed the total of:
(a)
the amount charged by the service for sessions of care provided to the child in that week for which an individual is eligible for child care benefit; and
(b)
if the service is eligible for child care benefit for a session of care provided to the child in that week
-
the amount that would have been charged by the service for sessions of care provided to the child in that week if the service had not been eligible for that child care benefit.
72(2)
For the purposes of subsection (1), a week begins on a Monday.
73 Rate of child care benefit for care provided by registered carer
73(1)
The hourly rate of child care benefit for care provided to a child by a registered carer is the minimum hourly amount per hour. The
minimum hourly amount
is the amount specified in the numerator in the formula in clause
12
of Schedule
2
. Section
74
imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.
73(2)
To avoid doubt, the hourly rate may be applied to a part of an hour. That part of the hour attracts the appropriate proportion of the amount for a full hour.
74 Weekly limit on benefit for care provided by registered carer
74(1)
The total amount of child care benefit for care provided to a child by a registered carer or carers in a week is not to exceed:
Minimum hourly amount
×
50
where:
minimum hourly amount
is the amount specified in the numerator in the formula in clause
12
of Schedule
2
.
74(2)
For the purposes of subsection (1), a week begins on a Monday.
Division 5 - Indexation
Indexation of amounts used in rate calculations
75
Schedule 4 provides for the indexation of certain amounts used in working out rates of family assistance.
Subdiv B repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading.
(Repealed by No 22 of 2017)
S 73 repealed by No 22 of 2017, s 3 and Sch 1 item 39, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
4A
heading. S 73 formerly read:
S 73(1) amended by No 53 of 2008, s 3 and Sch 5 item 2, by omitting
"
by the service
"
after
"
worked out
"
in para (a), applicable in relation to a session or sessions of care provided by an approved child care service to a child during a week falling wholly after the service
'
s application day (within the meaning of item 91 of Schedule 1 to the
Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007
). S 73(1) amended by No 132 of 2004, s 3 and Sch 4 items 6 to 8, by substituting
"
, (c) or (d)
"
for
"
or (c)
"
and inserting
"
and special grandparent rate does not apply
"
after
"
hardship
"
in para (a) and inserting para (d) at the end, applicable to sessions of care provided in a week that commences after 1 January 2005. S 73(2) amended by No 132 of 2004, s 3 and Sch 4 items 9 to 11, by substituting
"
, (c) or (d)
"
for
"
or (c)
"
and inserting
"
and special grandparent rate does not apply
"
after
"
hardship
"
in para (a) and inserting para (d) at the end, applicable to sessions of care provided in a week that commences after 1 January 2005. S 73(3) amended by No 132 of 2004, s 3 and Sch 4 item 12, by substituting
"
, (c) or (d)
"
for
"
or (c)
"
, applicable to sessions of care provided in a week that commences after 1 January 2005.
SECTION 73 Rate of fee reductions or child care benefit
-
individual conditionally eligible or eligible under section 43
Individual conditionally eligible for child care benefit
73(1)
If a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reductions for care provided by an approved child care service to the child, the individual
'
s rate of fee reductions for a session of care provided by the service to the child is the hourly rate:
(a)
if paragraph (b), (c) or (d) does not apply (no child at risk or individual in hardship and special grandparent rate does not apply)
-
worked out using Schedule 2 as if:
(i)
references in that Schedule to a person being eligible were references to the person being determined to be conditionally eligible under section 50F of the Family Assistance Administration Act; and
(ii)
references to child care benefit were references to fee reductions; or
(b)
if the service gives a certificate under subsection 76(1) in respect of the session
-
specified by the service in the certificate; or
(c)
if the Secretary makes a determination under subsection 81(2) or (3) in respect of the session
-
specified by the Secretary in the determination; or
(d)
if a determination under subsection 50T(1) of the Family Assistance Administration Act with the effect that the individual is eligible for the special grandparent rate for the child is in force when the session of care is provided to the child
-
worked out under Subdivision CA.
Individual eligible for child care benefit
73(2)
If an individual is eligible under section 43 for child care benefit by fee reduction for a session of care provided by an approved child care service to a child, the individual
'
s rate of child care benefit for the session is the hourly rate:
(a)
if paragraph (b), (c) or (d) does not apply (no child at risk or individual in hardship and special grandparent rate does not apply)
-
worked out using Schedule 2; or
(b)
if the service gave a certificate under subsection 76(1) in respect of the session while the individual was conditionally eligible
-
specified by the service in the certificate in respect of fee reductions; or
(c)
if the Secretary made a determination under subsection 81(2) or (3) in respect of the session while the individual was conditionally eligible
-
specified by the Secretary in the determination in respect of fee reductions; or
(d)
if a determination under subsection 50T(1) of the Family Assistance Administration Act with the effect that the individual is eligible for the special grandparent rate for the child is in force when the session of care is provided to the child
-
worked out under Subdivision CA.
73(3)
The rate mentioned in paragraph (1)(b), (c) or (d) is taken into account when the Secretary determines the individual
'
s entitlement to be paid child care benefit by fee reduction under section 51B of the Family Assistance Administration Act.
73(4)
Section 71 imposes a limit on the amount of child care benefit that may be paid for sessions of care provided by the service to the child in a week. Section 72 imposes a limit on the rate of fee reductions for sessions of care provided by the service to the child in a week.
S 73 substituted by No 45 of 2000, s 3 Sch 1 item 55. For transitional provisions see note under s 10. For former wording of s 73 see history note under Div 4 heading.
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