Child Care Benefit (Absence from Care Permitted Circumstances) Amendment Determination 2007 (No. 1) (Cth)
Child Care Benefit (Absence From Care — Permitted Circumstances) Amendment Determination 2007 (No. 1)
A New Tax System (Family Assistance) Act 1999
I, MALCOLM THOMAS BROUGH, Minister for Families, Community Services and Indigenous Affairs, make this Determination under section 11 of the A New Tax System (Family Assistance) Act 1999.
Dated 17 October 2007
MAL BROUGH
Minister for Families, Community Services and Indigenous Affairs
Name of Determination
This Determination is the Child Care Benefit (Absence From Care — Permitted Circumstances) Amendment Determination 2007 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Child Care Benefit (Absence From Care — Permitted Circumstances) Determination 2000
Schedule 1 amends the Child Care Benefit (Absence From Care — Permitted Circumstances) Determination 2000.
Application
(1) This Determination applies to a child’s absence from all of a session of care that would otherwise have been provided to the child by an approved child care service during a week falling wholly after the application day for the service.
(2) In this section:
application day has the meaning given by subitem 91 (1) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.
Schedule 1 Amendments
(section 3)
[1] Section 3, definition of normal day
omit
[2] Section 3, before definition of period of local emergency
insert
parenting order means a parenting order within the meaning of section 64B of the Family Law Act 1975.
[3] Section 5
substitute
Permitted circumstances — care provided by an approved child care service (other than an approved occasional care service)
(1) For subparagraph 10 (3) (c) (iv) of the Act, the following circumstances are permitted circumstances:
(a) the absence is due to the service or the claimant not allowing the child to attend the session of care because of an outbreak of an infectious disease at the service for which the child has not been immunised and the service holds a written statement given by the service or the claimant explaining why the child is absent;
(b) the absence is due to the claimant having a rostered day off or a day off as part of a rotating shift and the service holds a written statement from the claimant’s employer confirming that the claimant has rostered days off or works rotating shifts;
(c) the absence is due to the school attended by the child, or the child’s brother or sister, being closed (other than because of a public holiday or school holidays);
(d) the absence is due to a court order, a registered parenting plan, a parenting plan or a parenting order:
(i) that is in force in relation to the child; and
(ii) that requires the child to spend time with a person other than the claimant; and
(iii) a copy of which is held by the service;
(e) the absence is due to the service being closed because of a period of local emergency;
(f) the absence is due to the child being unable to travel to the service because of a period of local emergency;
(g) the absence is due to the claimant deciding the child should not attend the service because of a period of local emergency;
(h) the absence from a session of care on more than 30 of the 42 days that have elapsed in the same financial year in which a session of care is taken to have been provided under subsection 10 (2) of the Act to the child was due to any of the following circumstances:
(i) the illness of the child and a medical certificate covering the illness was obtained from a medical practitioner and given to the service;
(ii) a circumstance mentioned in paragraph (b) or (d).
(2) A circumstance mentioned in paragraph (1) (h) is only a permitted circumstance if not more than 19 days have elapsed in the same financial year in which a session of care is taken to have been provided under subsection 10 (3) of the Act because of that paragraph.
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