Child Care Payments Act 1997 (Cth)

Child Care Payments Act 1997

Act No. 195 of 1997 as amended

Consolidated as in force on 22 July 1999

(includes amendments up to Act No. 44 of 1999)

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to provide for payments in respect of child care, and for related purposes

Chapter 1—Preliminary matters and interpretation

Part 1—Preliminary matters

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1Short title[see Note 1]

This Act may be cited as the Child Care Payments Act 1997.

2Commencement[see Note 1]

This Act commences on the day after the day on which it receives the Royal Assent.
Note: Payments under this Act will only be made in respect of child care occurring on or after the *payment commencement day set under section 12.

3Identifying defined terms

(1)
Many of the terms in this Act are defined in section 5. Some definitions relevant only to limited areas of this Act are defined in those areas.
(2)
Most of the terms that are defined in section 5 are identified by an asterisk appearing at the start of the term: as in “*payment commencement day”. The footnote with the asterisk contains a signpost to section 5.
(3)
An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection, note or definition. Later occurrences of the term in the same provision are not usually asterisked.
(4)
Terms are not asterisked in headings or tables.
(5)
The following basic terms used throughout the Act are not identified with an asterisk:

Terms that are not identified
Item	This term	is defined in section
1	AAT	5
2	child care assistance	5
3	child care rebate	5
4	child care service	5
5	partner	5
6	Secretary	5
7	SSAT	5

4Overview

(1)
This Act provides for the making of payments in respect of child care.
(2)
There are 2 main payment types:
(a)
child care assistance; and
(b)
child care rebate.
(3)
The main provisions relating to child care assistance are in Chapter 2 and Schedule 1. The main provisions relating to child care rebate are in Chapter 3 and Schedule 2.
(4)
Subject to the provisions of Chapters 2 and 3, it is possible for a person to be entitled to receive both child care assistance and child care rebate in respect of the same child care.
(5)
Provisions dealing with overpayments of, and the recovery of debts relating to, child care assistance and child care rebate are in Chapter 4.
(6)
The third payment type is emergency child care assistance. This is a short term payment made to child care services that provide emergency care for children at risk. The main provisions relating to emergency child care assistance are in Chapter 5.
(7)
All 3 payment types are only payable in respect of care provided by child care services that are either approved or registered under Chapter 6.
(8)
The other Chapters of this Act deal with the following matters:
(a)
Chapter 7—information gathering and confidentiality;
(b)
Chapter 8—general provisions about offences and penalties;
(c)
Chapter 9—general provisions about review of decisions;
(d)
Chapter 10—administration of the Act;
(e)
Chapter 11—miscellaneous matters.

Part 2—Interpretation

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5Definitions

In this Act:
AAT is short for the Administrative Appeals Tribunal.
absence, in relation to a child and a child care service, does not include any period after the service has stopped providing care for the child (otherwise than temporarily).
Agency means the Commonwealth Services Delivery Agency established by the Agency Act.
Agency Act means the Commonwealth Services Delivery Agency Act 1997.
Australian Immunisation Handbook means the latest edition of the Australian Immunisation Handbook published by the Australian Government Publishing Service.
authorised review officer means an *officer authorised under section 277 to perform duties as an authorised review officer for the purposes of this Act.
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
centre based long day care service means a child care service approved as a centre based long day care service under Part 1 of Chapter 6.
CEO, in relation to the *Agency, means the Chief Executive Officer of the Agency.
child care assistance hours means child care assistance hours that are, or are to be, allocated to *child care assistance services under Part 1 of Chapter 6.
child care assistance means child care assistance under Chapter 2.
child care assistance service means a child care service that has been approved as a service of one of the following kinds under Part 1 of Chapter 6:
(a)
a centre based long day care service;
(b)
a family day care service;
(c)
an occasional care service;
(d)
an outside school hours care service.
child care payment means:
(a)
child care assistance (see Chapter 2); or
(b)
child care rebate (see Chapter 3); or
(c)
emergency child care assistance (see Chapter 5).
Note: Emergency child care assistance is not a child care payment to which Chapter 4 applies.
child care rebate means child care rebate under Chapter 3.
child care rebate service means:
(a)
a *child care assistance service; or
(b)
a child care service that is registered under Part 2 of Chapter 6 as a child care rebate service.
child care service means a service that provides child care. For the purposes of Part 2 of Chapter 6, an individual who cares for a child is taken to operate a child care service.
comply with a tax file number request has the meaning given by sections 6 and 7.
conscientious objection, in relation to the immunisation of a child, has the meaning given by section 8.
dependent child:
(a)
when used in relation to child care assistance, has the meaning given by section 21; and
(b)
when used in relation to child care rebate, has the meaning given by section 79.
eligibility rules means:
(a)
in Part 1 of Chapter 6—rules made under section 185, 186, 187 or 188; or
(b)
in Part 2 of Chapter 6—rules made under section 216.
emergency child care assistance means emergency child care assistance under Chapter 5.
employee, in relation to the *Agency, has the same meaning as in the *Agency Act.
entitled:
(a)
when used in relation to child care assistance, has the meaning given by section 19; and
(b)
when used in relation to child care rebate, has the meaning given by section 77.
family day care service means a child care service approved as a family day care service under Part 1 of Chapter 6.
group payment has the meaning given by subsection 60(2).
group payment notice, in relation to a *group payment, has the meaning given by subsection 60(3).
immunised, in relation to a child, means the child is immunised in accordance with:
(a)
a standard vaccination schedule determined under subsection 18(1); or
(b)
a catch up vaccination schedule determined under subsection 18(1).
information includes estimates.
inhabitant of Australia means:
(a)
a person who is an inhabitant of Australia for the purposes of the Social Security Act 1991; or
(b)
a person described in section 9 or 10.
Note: The definition relevant to paragraph (a) is in subsection 23(1) of the Social Security Act 1991.
maximum assistance period, in relation to a claim for child care assistance, means:
(a)
if it is a *prospective claim:
(i)
the period specified in accordance with section 48; or
(ii)
if that period has been extended under section 33—that period as so extended; or
(b)
if it is a *retrospective claim—the period specified in accordance with section 51.
maximum rebate period, in relation to a claim for child care rebate, means:
(a)
if it is a prospective claim:
(i)
the period specified in accordance with section 101; or
(ii)
if that period has been extended under section 87—that period as so extended; or
(b)
if it is a retrospective claim—the period specified in accordance with section 104.
medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
member of a couple has the meaning given by section 11.
National Convener means the National Convener of the Social Security Appeals Tribunal.
occasional care service means a child care service approved as an occasional care service under Part 1 of Chapter 6.
officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part 2 of Chapter 7, includes:
(a)
a person who has been such a person; and
(b)
a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired *information about a person under this Act; and
(c)
a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.
outside school hours care service means a child care service approved as an outside school hours care service under Part 1 of Chapter 6.
partner, in relation to a person who is a *member of a couple, means the other member of the couple.
payday means a day that would have been a family allowance payday for the purposes of the Social Security Act 1991 if that Act had continued in force as it was in force immediately before 1 July 1999.
payment commencement day means the day that is, under section 12, the payment commencement day.
payment period means the period of 2 weeks starting on the Monday that is the *payment commencement day and the period of 2 weeks starting on each succeeding alternate Monday.
prospective claim:
(a)
when used in relation to child care assistance, has the meaning given by paragraph 37(1)(a); and
(b)
when used in relation to child care rebate, has the meaning given by paragraph 90(1)(a).
protected information means:
(a)
*information about a person or a child care service that is or was held in the records of the Department or the Agency; or
(b)
information that there is no information about a person or a child care service held in the records of the Department or the *Agency.
receiving has a meaning affected by section 13.
recipient notification notice means a notice under section 73 or 125.
recipient reconciliation notice means a notice under section 75 or 127.
recipient statement notice means a notice under section 74 or 126.
recognised immunisation provider has the same meaning as in section 46A of the Health Insurance Act 1973.
retrospective claim:
(a)
when used in relation to child care assistance, has the meaning given by paragraph 37(1)(b); and
(b)
when used in relation to child care rebate, has the meaning given by paragraph 90(1)(b).
satisfies the work/training/study test has the meaning given by section 14.
Secretary means the Secretary of the Department.
service arrangements has the same meaning as in the *Agency Act.
session of care has the meaning given by a determination in force under subsection 18(2).
SSAT is short for the Social Security Appeals Tribunal.
tax file number has the same meaning as in Part VA of the Income Tax Assessment Act 1936.
tax file number request means a request under subsection 44(1), 45(1), 71(1), 72(1), 97(1), 98(1), 123(1) or 124(1).
tax year has the same meaning as year of income has in the Income Tax Assessment Act 1936.
Note: The relevant definition is in section 6 of the Income Tax Assessment Act 1936.

6Meaning of comply with a tax file number request—request for person’s tax file number

(1)
This section deals with how a *tax file number request may be complied with if it is a request under section 44, 71, 97 or 123 (these are requests for a person’s *tax file number).
(2)
To comply with a *tax file number request, the person may:
(a)
give the Secretary a written statement of the person’s *tax file number; or
(b)
give the Secretary a declaration by the person in a form approved in writing by the Secretary and satisfy either subsection (3) or (4).
(3)
The person satisfies this subsection if:
(a)
the person’s declaration states that the person:
(i)
has a *tax file number but does not know what it is; and
(ii)
has asked the Commissioner of Taxation to inform the person of the person’s tax file number; and
(b)
the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i)
whether the person has a tax file number; and
(ii)
if the person has a tax file number—the tax file number; and
(c)
the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
(4)
The person satisfies this subsection if:
(a)
the person’s declaration states that the person has applied for a *tax file number; and
(b)
the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i)
if a tax file number is issued to the person—the tax file number; or
(ii)
if the application is refused—that the application has been refused; or
(iii)
if the application is withdrawn—that the application has been withdrawn; and
(c)
the Commissioner of Taxation has not told the Secretary that the person has not applied for a tax file number; and
(d)
the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(e)
the application for a tax file number has not been withdrawn.
7Meaning of comply with a tax file number request—request for tax file number of person’s partner
(1)
This section deals with how a *tax file number request may be complied with if it is a request under section 45, 72, 98 or 124 (these are requests to a person for his or her partner’s *tax file number).
(2)
To comply with a *tax file number request, the person may:
(a)
give the Secretary a written statement of the partner’s *tax file number; or
(b)
give the Secretary a declaration by the partner in a form approved in writing by the Secretary and satisfy either subsection (3) or (4).
(3)
The person satisfies this subsection if:
(a)
the partner’s declaration states that the partner:
(i)
has a *tax file number but does not know what it is; and
(ii)
has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and
(b)
the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i)
whether the partner has a tax file number; and
(ii)
if the partner has a tax file number—the tax file number; and
(c)
the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
(4)
The person satisfies this subsection if:
(a)
the partner’s declaration states that an application by the partner for a *tax file number is pending; and
(b)
the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i)
if a tax file number is issued to the partner—the tax file number; or
(ii)
if the application is refused—that the application has been refused; or
(iii)
if the application is withdrawn—that the application has been withdrawn; and
(c)
the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d)
the application for a tax file number has not been withdrawn.

8Meaning of conscientious objection

A person has a conscientious objection to a child being *immunised if the person’s objection is based on a personal, philosophical, religious or medical belief involving a conviction that vaccination under the latest edition of the Standard Vaccination Schedule should not take place.
9Extended meaning of inhabitant of Australia—students receiving financial assistance
A person is an inhabitant of Australia if the person:
(a)
is undertaking a course of study in Australia; and
(b)
is receiving financial assistance directly from the Commonwealth for the purpose of undertaking that course of study.

10Extended meaning of inhabitant of Australia—hardship and special circumstances

(1)
A person is an inhabitant of Australia if the Secretary determines in writing that the person is an inhabitant of Australia for the purposes of this Act.
(2)
The Secretary may make a determination under subsection (1) if the Secretary is satisfied that:
(a)
hardship would be caused to the applicant if the applicant were not treated as an inhabitant of Australia; or
(b)
because of the special circumstances of the particular case, the applicant should be treated as an inhabitant of Australia.
(3)
In making a determination under subsection (1), the Secretary must comply with any guidelines in force under subsection (4) in relation to the making of such declarations.
(4)
The Minister may, by determination in writing, make guidelines relating to the making of determinations under subsection (1).
(5)
A determination under subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

11Meaning of member of a couple

(1)
Subject to subsection (2), a person is a member of a couple for the purposes of this Act if:
(a)
the person is legally married to another person and is not, in the Secretary’s opinion (formed as mentioned in subsection (2)), living separately and apart from the other person on a permanent or indefinite basis; or
(b)
all of the following conditions are met:
(i)
the person has a relationship with a person of the opposite sex (in this paragraph called the partner);
(ii)
the person is not legally married to the partner;
(iii)
the relationship between the person and the partner is, in the Secretary’s opinion (formed as mentioned in subsections (2) and (3)), a marriage‑like relationship;
(iv)
both the person and the partner are over the age of consent applicable in the State or Territory in which they live;
(v)
the person and the partner are not within a prohibited relationship for the purposes of section 23B of the Marriage Act 1961.
Note: A prohibited relationship for the purposes of section 23B of the Marriage Act 1961 is a relationship between a person and:
(a) an ancestor of the person; or
(b) a descendant of the person; or
(c) a brother or sister of the person (whether of the whole blood or the part-blood).
(2)
In forming an opinion about the relationship between 2 people for the purposes of paragraph (1)(a) or subparagraph (1)(b)(iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters:
(a)
the financial aspects of the relationship, including:
(i)
any joint ownership of real estate or other major assets and any joint liabilities; and
(ii)
any significant pooling of financial resources, especially in relation to major financial commitments; and
(iii)
any legal obligations owed by one person in respect of the other person; and
(iv)
the basis of any sharing of day-to-day household expenses;
(b)
the nature of the household, including:
(i)
any joint responsibility for providing care or support of children; and
(ii)
the living arrangements of the people; and
(iii)
the basis on which responsibility for housework is distributed;
(c)
the social aspects of the relationship, including:
(i)
whether the people hold themselves out as married to each other; and
(ii)
the assessment of friends and regular associates of the people about the nature of their relationship; and
(iii)
the basis on which the people make plans for, or engage in, joint social activities;
(d)
any sexual relationship between the people;
(e)
the nature of the people’s commitment to each other, including:
(i)
the length of the relationship; and
(ii)
the nature of any companionship and emotional support that the people provide to each other; and
(iii)
whether the people consider that the relationship is likely to continue indefinitely; and
(iv)
whether the people see their relationship as a marriage‑like relationship.
(3)
The Secretary must not form the opinion that the relationship between a person and his or her partner is a marriage‑like relationship if the person is living separately and apart from the partner on a permanent or indefinite basis.
(4)
A person is not a member of a couple if a determination under subsection (5) or (6) is in force in relation to the person.

(5)
If:
(a)
a person is legally married to another person; and
(b)
the person is not living separately and apart from the other person on a permanent or indefinite basis; and
(c)
the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
(6)
If:
(a)
a person has a relationship with a person of the opposite sex (the partner); and
(b)
the person is not legally married to the partner; and
(c)
the relationship between the person and the partner is a marriage‑like relationship; and
(d)
the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

12Meaning of payment commencement day

(1)
Subject to subsections (2), (3) and (4), the payment commencement day is the day fixed by Proclamation as the payment commencement day for the purposes of this Act.
(2)
The day fixed by Proclamation under subsection (1):
(a)
must not be more than 30 months after the day on which this Act commences; and
(b)
must be a Monday next following a day that is a family payment payday for the purposes of the Social Security Act 1991.
(3)
If the payment commencement day is not fixed by a Proclamation under subsection (1) within the period of 30 months beginning on the day on which this Act commences, the payment commencement day is the first Monday after the end of that period that is a Monday next following a day that is a family payment payday for the purposes of the Social Security Act 1991.

(4)

The payment commencement date will not be earlier than 27 April 1998.

13Meaning of receiving

(1)
A person is taken to be receiving a *child care payment from the earliest day on which the payment is payable to the person, regardless of whether the first instalment of the payment is paid on an earlier or later day.
(2)
A person is taken to be receiving a *child care payment until the latest day on which the payment is payable to the person, regardless of whether the last instalment of the payment is paid on an earlier or later day.
(3)
A person is taken to be receiving a *child care payment even if amounts of the payment are being paid, on the person’s behalf, to another person (for example, the operator of a *child care assistance service).

14Meaning of satisfies the work/training/study test

(1)
A person satisfies the work/training/study test if:
(a)
the person has recognised work or work related commitments within the meaning of section 15; or
(b)
the person has recognised training commitments within the meaning of section 16; or
(c)
the person has recognised study commitments within the meaning of section 17.
(2)
The Minister may, in writing, determine that any person included in a specified class of persons is exempt from the requirements of paragraphs (1)(a), (b) and (c).
(3)
A person covered by a determination under subsection (2) is taken to satisfy the work/training/study test while the determination is in force.
(4)
A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
15Work/training/study test—recognised work or work related commitments
(1)
A person has recognised work or work related commitments if the person:
(a)
is in paid work (whether or not the person performs the work as an employee); or
(b)
receives a carer payment under Part 2.5 of the Social Security Act 1991; or
(ba)
receives a youth allowance or a newstart allowance under Part 2.11 or 2.12 of the Social Security Act 1991; or
(c)
receives carer allowance for a disabled adult (within the meaning of section 952 of the Social Security Act 1991) under Part 2.19 of that Act; or
(e)
is a member of a class of persons determined in writing by the Minister to be a class of persons who are taken to have recognised work or work related commitments for the purposes of this section.
(3)
A determination under paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

16Work/training/study test—recognised training commitments

A person has recognised training commitments if the person is undertaking a training course for the purpose of improving his or her work skills and/or employment prospects.

17Work/training/study test—recognised study commitments

A person has recognised study commitments if the person:
(a)
receives youth allowance under the Social Security Act 1991 and is undertaking full‑time study (as defined in that Act); or
(aa)
receives austudy payment under the Social Security Act 1991; or
(ab)
receives a pensioner education supplement under the Social Security Act 1991; or
(b)
receives assistance under the scheme administered by the Department of Employment, Education, Training and Youth Affairs that is known as the ABSTUDY scheme; or
(c)
is enrolled in an Adult Migrant English Program administered by the Department of Immigration and Multicultural Affairs; or
(d)
is undertaking any other course of education for the purposes of improving his or her work skills and/or employment prospects.

18Minister’s power to make determinations for the purposes of other definitions

Immunised
(1)
The Minister may, for the purpose of the definition of immunised in section 5, determine, in writing:
(a)
one or more standard vaccination schedules for the immunisation of children; and
(b)
one or more catch up vaccination schedules for the immunisation of children who have not been immunised in accordance with a standard vaccination schedule.
Session of care
(2)
The Minister may, in writing, determine what constitutes a session of care for the purposes of this Act.
(3)
A determination under subsection (2) may also deal with how a session of care that starts on one day and ends on another day is to be treated for the purposes of this Act. The determination has effect accordingly.
Determinations under this section are disallowable
(4)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Chapter 2—Child care assistance

Part 1—Entitlement

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19Entitlement to child care assistance

(1)
A person is entitled to child care assistance in respect of a *payment period if:
(a)
the person is qualified for child care assistance in respect of the payment period (see Part 2); and
(b)
the payability rules (see Part 3) do not preclude payment of child care assistance to the person in respect of the whole payment period.
Note: A person may also be entitled, in respect of the same payment period, to child care rebate (see Chapter 3).
(2)
The payability rules preclude payment of child care assistance in respect of the *whole payment period if, in respect of all times in the payment period, a provision or provisions of Part 3 applies to make child care assistance not payable to the person.
Note: If the payability rules preclude payment of child care assistance to the person in respect of part of the payment period, sessions of care in that part of the period are not qualifying sessions of care for the purposes of Schedule 1 (calculation of rate of child care assistance).

Part 2—Qualification

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20Qualification for child care assistance

(1)
A person is qualified for child care assistance in respect of a *payment period if the conditions set out in subsection (2) are satisfied in relation to a *session of care for a child, or a number of sessions of care for a child, during the payment period.
(2)
The conditions to be satisfied in relation to a *session of care are:
(a)
the child is a *dependent child of the person, or the person’s partner, during the session; and
(b)
the care is provided in Australia by a *child care assistance service; and
(c)
the person, or the person’s partner, incurs or has incurred a liability to pay for the session (whether or not the liability has been discharged); and
(d)
none of the following provisions apply to make the person not qualified to receive child care assistance in respect of the session of care:
(i)
section 22;
(ii)
section 23;
(iii)
section 24; and
(e)
the person, or the person’s partner, is an *inhabitant of Australia during the session; and
(f)
the session starts on or after the *payment commencement day.
Note: See section 25 for treatment of a session of care when the child is absent from some or all of the session.

21Meaning of dependent child

(1)
A child is a dependent child of another person for the purposes of child care assistance if:
(a)
the child is a dependent child of the person for the purposes of Part 2.17 of the Social Security Act 1991; or
(b)
a determination by the Secretary under subsection (2) is in force in relation to the child and the person.
Note: The definition relevant to paragraph (a) is in section 5 of the Social Security Act 1991.
(2)
The Secretary may determine in writing that, because of special circumstances, a child is to be treated as a dependent child of another person for the purposes of child care assistance.

22The immunisation requirement—prospective claimants and recipients

If:
(a)
a person is given a notice under subsection 43(1) relating to the immunisation of a child under 7 in respect of whom the person has made a *prospective claim for child care assistance; or
(b)
a person is given a notice under subsection 70(1) relating to the immunisation of a child under 7 in respect of whom the person is *receiving child care assistance;
the person is not qualified to receive child care assistance in respect of a *session of care for the child that occurs after the end of the period of 28 days after the notice is given, unless, at the end of that period, the Secretary is satisfied that:
(c)
the child is *immunised; or
(d)
both of the following have occurred:
(i)
a *recognised immunisation provider has certified in writing that he or she has discussed with the person the benefits and risks of immunising the child;
(ii)
the person has declared in writing that he or she has a *conscientious objection to the child being immunised; or
(e)
if the child is a *dependent child of another person, both of the following have occurred:
(i)
a recognised immunisation provider has certified in writing that he or she has discussed with the other person the benefits and risks of immunising the child;
(ii)
the other person has declared in writing that he or she has a conscientious objection to the child being immunised; or
(f)
a recognised immunisation provider has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the *Australian Immunisation Handbook; or
(g)
a recognised immunisation provider has certified in writing that the vaccine for immunising the child is not, or will not be, available immediately before or during a session of care in respect of which a claim would otherwise be payable; or
(h)
a registered medical practitioner has certified in writing that the child has recovered from the relevant disease, has developed a natural immunity and does not require immunisation.
Note 1: During the 28 days, the person may still be qualified to receive child care assistance.
Note 2: *Retrospective claims are dealt with differently—see section 23.
23The immunisation requirement—retrospective claimants
(1)
A person who makes a *retrospective claim for child care assistance in respect of a *session of care for a child under 7 is not qualified to receive child care assistance in respect of that session of care unless the Secretary is satisfied that:
(a)
the child was *immunised at the time the session occurred; or
(b)
the session of care occurred after:
(i)
a *recognised immunisation provider certified in writing that he or she had discussed with the person the benefits and risks of immunising the child; and
(ii)
the person declared in writing that he or she had a *conscientious objection to the child being immunised; or
(c)
if the child is a *dependent child of another person, the session of care occurred after:
(i)
a recognised immunisation provider certified in writing that he or she had discussed with the other person the benefits and risks of immunising the child; and
(ii)
the other person declared in writing that he or she had a conscientious objection to the child being immunised; or
(d)
both of the following conditions are satisfied:
(i)
at the time of the session of care, the immunisation of the child was medically contraindicated under the specifications set out in the *Australian Immunisation Handbook;
(ii)
a recognised immunisation provider has certified in writing that the immunisation is medically contraindicated under those specifications; or
(e)
a recognised immunisation provider has certified in writing that the vaccine for immunising the child was not available immediately before or during the session of care for which a claim has been made; or
(f)
a registered medical practitioner has certified in writing that the child has recovered from the relevant disease, has developed a natural immunity and does not require immunisation.
(2)
If:
(a)
neither the person nor the person’s partner has made an earlier claim under this Act (whether retrospective or prospective, whether for child care assistance or child care rebate, and whether relating to the same or a different child); and
(b)
the Secretary is not satisfied as mentioned in subsection (1) in respect of a session of care to which the claim relates;
the Secretary may give the person a notice to the effect that the child must be *immunised if the person is to receive child care assistance in respect of the child. The notice must also explain the alternatives to immunisation that may be available under paragraphs (1)(b) to (f).
(3)
If the Secretary gives the person a notice under subsection (2), the Secretary may apply subsection (1) to the claim and the session of care as if:
(a)
references in subsection (1) to particular requirements being satisfied at the time of the session of care were instead references to those requirements being satisfied at a time during the period starting after the session of care and ending at the end of the 28th day after the day on which the notice is given; and
(b)
references in subsection (1) to particular requirements being satisfied before the session of care were instead references to those requirements being satisfied at a time during the period referred to in paragraph (a).
The determination of the claim may be deferred until the end of the period referred to in paragraph (a).
(4)
If:
(a)
the Secretary is satisfied as mentioned in a paragraph of subsection (1) (including as applied under subsection (3)) in relation to the child; and
(b)
the person or the person’s partner later makes another *retrospective claim for child care assistance in relation to the child;
the Secretary is to regard that paragraph as also being satisfied in relation to the child and the later claim, unless the Secretary considers that there is reason to require the matter in the paragraph to be re-established.
24Sessions of care in respect of which emergency child care assistance generally not to count
(1)
A person is not qualified to receive child care assistance in respect of a *session of care for a child if *emergency child care assistance is paid in respect of the same care to the operator of the *child care assistance service that provides the care.
(2)
Subsection (1) does not apply to a *session of care if the guidelines in force under section 167 provide that child care assistance and *emergency child care assistance may both be paid in respect of that care.

25Treatment of absences of child from care

(1)
The *absence of a child from part only of a *session of care does not prevent the whole session counting as a session of care for the child for the purposes of the application of section 20 to a person, the child and a *payment period.
(2)
The *absence of a child from all of a *session of care provided by an *occasional care service prevents the session counting as a session of care for the child for the purposes of section 20.
(3)
The *absence of a child from all of a *session of care, other than a session provided by an *occasional care service, does not prevent the whole session counting as a session of care for the child for the purposes of the application of section 20 to a person, the child and a *payment period if, and only if:
(a)
the child’s absence is covered by subsection (4); or
(b)
the child’s absence is within the limit for other absences that applies to the person, the child and the calendar year in which the absence occurs (see subsection (5)).
(4)
The child’s *absence is covered by this subsection if:
(a)
the absence is due to the illness of the child, the person or his or her partner, or another person with whom the child lives, and a medical certificate covering that illness is obtained from a *medical practitioner; or
(b)
the absence is due to the child’s attendance at a pre-school; or
(c)
the absence is due to alternative care arrangements being made for the child because the child does not have to be at school on a pupil-free day; or
(d)
the absence is due to the person or his or her partner not being at work:
(i)
because of a public holiday; or
(ii)
because of a rostered day off; or
(iii)
because he or she is a shift worker who works a rotating shift.
(5)
The limit for other *absences that applies to the person, the child and a calendar year is 30 days of other absences per calendar year. A day is to be counted towards this limit if the following conditions are satisfied:
(a)
the child is absent for all of a *session of care on the day (even if the child attends some or all of another session of care on the day); and
(b)
the absence is not covered by subsection (4); and
(c)
the session of care is taken into account in calculating the rate of child care assistance payable to the person, or to the person’s partner, in respect of the child; and
(d)
that rate is not a nil rate.
(6)
In determining if the conditions set out in subsection 20(2) are satisfied in relation to a *session of care from which the child is *absent (wholly or partly) as mentioned in subsection (1) or (3):
(a)
subject to paragraph (b), apply subsection 20(2) to the facts as they would be if the child attended all of the session of care; but
(b)
the liability referred to in paragraph 20(2)(c) must be a liability actually incurred, despite the child’s absence.

Part 3—Limitations on payability

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26Part sets out limits on payability

This Part sets out circumstances in which, although a person is qualified for child care assistance under Part 2, child care assistance is not payable to the person.

27Assets test

(1)
Child care assistance is not payable to a person in respect of any time when the value of the person’s assets exceeds $406,000.
(2)
The regulations may provide for child care assistance to be payable to people, despite subsection (1), in situations of hardship.

28Assets test—determining value of assets

(1)
For the purposes of section 27, the value of a person’s assets is to be worked out in accordance with the regulations.
(2)
Without limiting subsection (1), the regulations may:
(a)
provide that a person’s assets are to include the assets of another person (for example, the person’s partner); and
(b)
identify things to be included in a person’s assets; and
(c)
identify things not to be included in a person’s assets.
(3)
Regulations made for the purposes of this section may adopt a provision or provisions of the Social Security Act 1991, with or without modification.

29Assets test—indexation of assets limit

(1)
The amount specified in subsection 27(1) is to be indexed.
(2)
The Minister may, in writing, before the day on which the amount is first indexed, determine that a higher amount is to be substituted for that amount. The determination has effect accordingly.
(3)
A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(4)
The regulations may prescribe:
(a)
when the amount is to be indexed; and
(b)
the way in which the amount is to be indexed.
(5)
Regulations made for the purposes of this section may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
(6)
If an amount (the indexable amount) is indexed in accordance with the regulations, subsection 27(1) has effect as if the new amount (as indexed) were substituted for the indexable amount on the day when the indexation takes effect.

30Non-temporary cessation of qualification criteria

Child care assistance is not payable to a person in respect of any time after there have ceased (otherwise than temporarily) to be sessions of care in relation to the person in relation to which the conditions specified in subsection 20(2) are satisfied.
Note: Cessations due to a child being on holidays or being ill would generally be only temporary.

31No payment unless proper claim made

Child care assistance is not payable to a person unless the person has made a proper claim for child care assistance.

32Nil rate of payment

Child care assistance is not payable to a person if the rate calculated in respect of a *payment period would be nil.

33Prospective claims—no payment in respect of periods before or after the maximum assistance period

(1)
Child care assistance is not payable to a person pursuant to a *prospective claim in respect of any period before the start of, or after the end of, the *maximum assistance period specified in the determination granting the claim (see section 48), or that period as extended under this section.
(2)
The Secretary may extend the *maximum assistance period (including as previously extended under this subsection) by a period of at least 4 weeks and not more than 12 months if, before the end of the period:
(a)
the person has provided the Secretary with *information relating to the period of the extension in the form approved in writing by the Secretary; and
(b)
the Secretary is satisfied that the information provides a sufficient basis for the determination of the child care assistance that will be payable to the person in respect of that period.
(3)
There is no limit to the number of times that the *maximum assistance period may be extended.

34Prospective claims—provision of tax file numbers

(1)
Child care assistance is not payable to a person pursuant to a *prospective claim if:
(a)
the person is requested under section 44 or 71 to:
(i)
give the Secretary a written statement of the person’s *tax file number; or
(ii)
apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and
(b)
at the end of the period of 28 days after the request is made, the person has not complied with the request; and
(c)
the Secretary has not exempted the person from having to comply with the request.
Note 1: See section 6 for how to comply with a request.
Note 2: During the 28 days, child care assistance may still be payable to the person.
Note 3: *Retrospective claims are dealt with differently—see
subsection 44(5).
(2)
Child care assistance is not payable to a person pursuant to a *prospective claim if:
(a)
the person is a *member of a couple; and
(b)
the person is requested under section 45 or 72 to give the Secretary a written statement of the *tax file number of the person’s partner; and
(c)
at the end of the period of 28 days after the request is made the person has not complied with the request; and
(d)
the Secretary has not exempted the person from having to comply with the request.
Note 1: See section 7 for how to comply with a request.
Note 2: During the 28 days, child care assistance may still be payable to the person.
Note 3: *Retrospective claims are dealt with differently—see subsection 45(6).

35Prospective claims—provision of information required by recipient reconciliation notice

(1)
Child care assistance is not payable to a person pursuant to a *prospective claim if:
(a)
the person is, by a *recipient reconciliation notice under section 75, required to provide *information or evidence to the Department; and
(b)
at the end of the period specified in the notice, the person has not provided the information or evidence.
Note: During the period, child care assistance may still be payable to the person.
(2)
Child care assistance continues not to be payable to the person (even pursuant to a later claim) until the *information or evidence is provided to the Department.

36Retrospective claims—no payment in respect of periods before or after maximum assistance period

Child care assistance is not payable to a person pursuant to a *retrospective claim in respect of any period before the start of, or after the end of, the *maximum assistance period specified in the determination granting the claim (see section 50).

Part 4—Claims for child care assistance

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37Prospective and retrospective claims

(1)
A person may claim child care assistance in one of 2 ways:
(a)
the claim may be for payment on an ongoing basis (see subsection (2))—this is a prospective claim; or
(b)
the claim may be for payment in respect of a past period (see subsection (3))—this is a retrospective claim.
Note: Child care assistance is only payable in respect of sessions of care that occur on or after the *payment commencement day. This applies both to prospective and retrospective claims.
(2)
Payment on an ongoing basis is payment starting from the *payment period in which the claim is made or from a payment period that starts within 4 weeks after the claim is made.
(3)
The past period to which a *retrospective claim may relate must be a period:
(a)
starting not more than 26 weeks before the claim is made; and
(b)
ending not later than the end of the last *payment period before the claim is made.
It must not include any part of the *maximum assistance period in relation to an earlier claim made by the person.
(4)
If a *retrospective claim relates to a period contrary to subsection (3), the claim is taken not to relate to that period.

38Need for a claim

A person who wants to be paid child care assistance must make a proper claim for that payment.
Note 1: For what is a proper claim, see:
(a) section 40 (form of claim); and
(b) section 41 (lodgment of claim).
Note 2: The Secretary has power to treat a proper claim for child care rebate as though it were also a proper claim for child care assistance—see section 92.

39Secretary may also treat claim as claim for child care rebate

The Secretary may, if the Secretary thinks it is appropriate to do so, treat a proper claim for child care assistance as though it were also a proper claim for child care rebate.

40Form of claim

To be a proper claim, a claim must:
(a)
be in writing in the form approved in writing by the Secretary; and
(b)
include, or be accompanied by, the *information required by the form.

41Lodgment of claim

(1)
To be a proper claim, a claim must be lodged:
(a)
at an office of the Department; or
(b)
at a place approved in writing for the purpose by the Secretary; or
(c)
with a person approved in writing for the purpose by the Secretary.
(2)
A place or person approved by the Secretary must be a place or person in Australia.

42Claim may be withdrawn

(1)
A claimant for child care assistance, or a person on behalf of a claimant, may withdraw a claim that has not been determined.
(2)
A claim that is withdrawn is taken to have not been made.
(3)
A withdrawal may be made orally or in writing.

43Secretary may give notice stating that child must be immunised

(1)
The Secretary may give a person who makes a *prospective claim for child care assistance a notice stating that a child under 7 to whom the claim relates must be *immunised if the person is to receive child care assistance in respect of sessions of care for the child.
(2)
The notice must also explain the alternatives to immunisation that may be available.
Note: The alternatives to immunisation are set out in paragraphs 22(d) to (h).

44Secretary may request claimant to give statement of tax file number

(1)
If a claimant for child care assistance is in Australia, the Secretary may request but not compel the claimant:
(a)
if the claimant has a *tax file number—to give the Secretary a written statement of the claimant’s tax file number; or
(b)
if the claimant does not have a tax file number:
(i)
to apply to the Commissioner of Taxation for a tax file number; and
(ii)
to give the Secretary a written statement of the claimant’s tax file number after the Commissioner of Taxation has issued it.
(2)
Section 6 deals with how the request may be complied with.
(3)
The Secretary may exempt the claimant from having to comply with the request.
(4)
If the claim is a *prospective claim, the consequences of failing to comply with the request are as set out in subsection 34(1).
(5)
If the claim is a *retrospective claim:
(a)
the determination of the claim may be deferred until the end of the period of 28 days after the request is made; and
(b)
the claim is taken not to have been made if:
(i)
at the end of that period, the person has not complied with the request; and
(ii)
the Secretary has not exempted the person from having to comply with the request.

45Secretary may request claimant to give statement of partner’s tax file number

(1)
If:
(a)
a claimant for child care assistance is a *member of a couple; and
(b)
the claimant’s partner is in Australia;
the Secretary may request but not compel the claimant to give the Secretary a written statement of the *tax file number of the claimant’s partner.
(2)
Section 7 deals with how the request may be complied with.
(3)
The Secretary may exempt the claimant from having to comply with the request.
(4)
Without limiting subsection (3), the Secretary may exempt the claimant from having to satisfy the request if the Secretary is satisfied that:
(a)
the claimant does not know the partner’s *tax file number; and
(b)
the claimant can obtain none of the following from the partner:
(i)
the partner’s tax file number;
(ii)
a statement of the partner’s tax file number;
(iii)
a declaration by the partner under paragraph 7(2)(b).
(5)
If the claim is a *prospective claim, the consequences of failing to comply with the request are as set out in subsection 34(2).
(6)
If the claim is a *retrospective claim:
(a)
the determination of the claim may be deferred until the end of the period of 28 days after the request is made; and
(b)
the claim is taken not to have been made if:
(i)
at the end of that period, the person has not complied with the request; and
(ii)
the Secretary has not exempted the person from having to comply with the request.

Part 5—Determination of claims

Division 1—Prospective claims

46Division applies if person makes a prospective claim that is a proper claim

This Division applies if a person makes a *prospective claim for child care assistance and the claim is a proper claim.

47Secretary to determine claim

(1)
The Secretary must determine the claim in accordance with subsection (2).
(2)
The Secretary must grant the claim if the Secretary is satisfied that:
(a)
the person is *entitled to child care assistance in respect of a *payment period that starts at some time in the period:
(i)
starting at the beginning of the payment period in which the claim is made; and
(ii)
ending 4 weeks after the day on which the claim is made; and
(b)
the *information provided by the claimant in relation to the claim provides a sufficient basis for the determination of the child care assistance that is or will be payable to the person in respect of a period consisting of at least the payment period referred to in paragraph (a) and the next payment period.
Otherwise, the Secretary must reject the claim.
Note: For the application of this subsection to claims lodged before the *payment commencement day, see subsection (5).
(3)
If the Secretary grants the claim, the determination must specify:
(a)
the *maximum assistance period (see section 48); and
(b)
the rate or rates at which child care assistance is to be paid to the person during that period.
Note: The determination will specify more than one rate if the amount to be paid to the person in respect of the *payment periods in the *maximum assistance period will not always be the same (for example, because of variations in the level of usage of *child care assistance services).
(4)
A determination is not invalid merely because it fails to comply with subsection (3).
(5)
The Secretary may, in relation to a claim lodged before the *payment commencement day, apply subsection (2) to the claim as if:
(a)
the reference in subparagraph (2)(a)(i) to the *payment period in which the claim is made were instead a reference to the payment period that starts on the payment commencement day; and
(b)
the reference in subparagraph (2)(a)(ii) to the day on which the claim is made were instead a reference to the payment commencement day.

48Maximum assistance period

The maximum assistance period to be specified in a determination granting the claim is the lesser of:
(a)
the period in respect of which the Secretary is satisfied as mentioned in paragraph 47(2)(b); and
(b)
the period of 12 months starting at the beginning of that period.
Note: The maximum assistance period may be extended under section 33.

Division 2—Retrospective claims

49Division applies if person makes a retrospective claim that is a proper claim

This Division applies if a person makes a *retrospective claim for child care assistance and the claim is a proper claim.

50Secretary to determine claim

(1)
The Secretary must determine the claim in accordance with subsection (2).
(2)
The Secretary must grant the claim if the Secretary is satisfied that the claimant is *entitled to child care assistance in respect of some or all of the period to which the claim relates. Otherwise, the Secretary must reject the claim.
Note: Subsection 37(3) limits the period to which a *retrospective claim may relate.
(3)
If the Secretary grants the claim, the determination must specify:
(a)
the *maximum assistance period (see section 51); and
(b)
the amount of child care assistance to be paid to the person in respect of that period.
(4)
A determination is not invalid merely because it fails to comply with subsection (3).

51Maximum assistance period

The maximum assistance period to be specified in a determination is the period in respect of which the Secretary is satisfied as mentioned in subsection 50(2).

Division 3—Date of effect etc. of determinations

52Date of effect etc. of determinations may be dealt with in regulations

(1)
The regulations may make provision in relation to the following matters:
(a)
the date of effect of a determination granting a claim or of a determination of the rate at which child care assistance is payable;
(b)
the continuing effect of a determination granting a claim, and the suspension, cancellation or resumption of such a determination and the date from which a suspension, cancellation or resumption takes effect;
(c)
the continuing effect of a determination of the rate at which child care assistance is payable, and the variation of such a determination and the date from which a variation takes effect.
(2)
Decisions made, or taken to be made, under regulations made for the purposes of subsection (1) are, for the purposes of Chapter 9 (review of decisions), taken to be made under this Act, unless the regulations provide otherwise.

Part 6—Rate of child care assistance

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53Rate of child care assistance

The rate at which child care assistance is payable to a person is to be worked out in accordance with Schedule 1.

Part 7—Payment of child care assistance

Division 1—General provisions about payment

54Payment by instalments

An instalment of child care assistance (worked out in accordance with Part 6) is payable to a person in respect of each *payment period in respect of which the person is *entitled to child care assistance.

55Prospective claims payment system

Payment of child care assistance pursuant to a *prospective claim is to be made by instalments payable in advance of the *payment periods to which they relate (see Division 2).

56Retrospective claims payment system

Payment of child care assistance pursuant to a *retrospective claim is to be made by a lump sum payment consisting of the sum of the instalments payable to the person in respect of the relevant *payment periods (see Division 3).

Division 2—Payment pursuant to prospective claims

57Division deals with payment pursuant to prospective claims

This Division deals with the payment of child care assistance to a person pursuant to a *prospective claim.

58Commencement of payment

Child care assistance becomes payable to the person from the start of the *maximum assistance period specified in the determination granting the claim (see section 48).

59Payment by instalments

(1)
Child care assistance is to be paid to the person by instalments in accordance with this section.
(2)
An instalment of child care assistance is to be paid to the person on each *payday after child care assistance becomes payable to the person.
(3)
The instalment to be paid to the person on a *payday is a payment in advance, in respect of the next *payment period to start after the payday, at the rate that will apply to that period.
(4)
If it is not practicable to pay the instalment in respect of a *payment period on a *payday as required by subsections (2) and (3) because the payday occurs before or soon after the claim is determined, that instalment is instead to be paid as soon as practicable after the payday, or the determination of the claim, whichever is later.

60Payments generally to be made to operator of child care assistance service

(1)
Subject to section 61, each amount of child care assistance is to be paid, on behalf of the person, to the operator of the *child care assistance service providing the relevant child care. If there is more than one such service, the amount is to be apportioned between the operators of those services as directed by the Secretary.
(2)
An amount paid to a *child care assistance service on the person’s behalf is to be paid to the operator of the service as part of a lump sum, known as a group payment, consisting of that amount and amounts of child care assistance paid to the service on behalf of other people.
(3)
If a *group payment is paid to the operator, the operator is to be given a notice (a group payment notice):
(a)
specifying the total amount payable, and giving particulars of how that amount is made up of amounts to be paid to the service on behalf of other people; and
(b)
specifying how that total amount is to be applied to discharge or reduce liabilities owed to the service by, or by partners of, those people; and
(c)
specifying the amount (if any) by which that total amount has been reduced by a deduction or deductions under section 147, and the debt or debts in respect of which the deduction or deductions was or were made; and
(d)
if paragraph (c) applies—the net amount actually paid to the service.
(4)
The operator must, in accordance with the *group payment notice, apply the *group payment to discharge or reduce liabilities owed to the service by, or by partners of, the people identified in the group payment notice.
Penalty: 20 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(5)
The people identified in the *group payment notice are taken to have paid the operator the amounts specified as mentioned in paragraph (3)(a), even if the net amount actually paid to the operator is, because of a deduction or deductions under section 147, less than the total of those amounts.

61Payment may be made to the person

Section 60 does not apply to all or part of an amount if the Secretary directs that the amount, or the part of the amount, is to be paid directly to the person:
(a)
because the liability in respect of the relevant care has already been discharged; or
(b)
because of some other special circumstance.
The direction has effect accordingly.

62Payment into bank account

(1)
An amount that is, under section 60, to be paid to the operator of a *child care assistance service on the person’s behalf is to be paid to the credit of a *bank account nominated and maintained by the operator.

(2)
An amount that is, under section 61, to be paid directly to the person is to be paid to the credit of a *bank account nominated and maintained by the person.
(3)
An account into which amounts are paid under this section may be maintained by the operator or person either alone or jointly or in common with another person or body.
(4)
The Secretary may direct that the whole or a part of an amount is to be paid to the operator or person in a way that is different from that required by subsection (1) or (2). The direction has effect accordingly.

63Where payday would fall on public holiday etc.

If the Secretary is satisfied that an amount of child care assistance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount is to be paid on an earlier day. The direction has effect accordingly.

64Payment after death of person

(1)
If:
(a)
the person dies; and
(b)
at the date of the person’s death the person had not *received an amount of child care assistance to be paid directly to him or her; and
(c)
another person applies to receive the amount; and
(d)
the application is made:
(i)
within 26 weeks after the death; or
(ii)
within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
(2)
If the Secretary pays an amount of child care assistance under subsection (1), the Commonwealth has no further liability to anyone in respect of that child care assistance.

Division 3—Payment pursuant to retrospective claims

65Division deals with payment pursuant to retrospective claims

This Division deals with the payment of child care assistance to a person pursuant to a *retrospective claim.

66Payment in lump sum

(1)
The child care assistance is to be paid to the person in a lump sum as soon as practicable after the determination of the claim.
(2)
The amount of the lump sum is the sum of the instalments to be paid to the person in respect of the relevant *payment periods.
(3)
The instalment to be paid to a person in respect of a *payment period is a payment in respect of that period at the rate that applies to that period.

67Payment into bank account

(1)
The child care assistance is to be paid to the credit of a *bank account nominated and maintained by the person.
(2)
The account may be maintained by the person either alone or jointly or in common with another person or body.
(3)
The Secretary may direct that the whole or a part of an amount of the child care assistance is to be paid to the person in a way that is different from that required by subsection (1). The direction has effect accordingly.

68Payment after death of person

(1)
If:
(a)
the person dies; and
(b)
at the date of the person’s death the person had not *received an amount of child care assistance to be paid to him or her; and
(c)
another person applies to receive the amount; and
(d)
the application is made:
(i)
within 26 weeks after the death; or
(ii)
within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
(2)
If the Secretary pays an amount of child care assistance under subsection (1), the Commonwealth has no further liability to anyone in respect of that child care assistance.

Part 8—Recipient obligations

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69Part deals with obligations of people paid pursuant to prospective claims
This Part deals with the obligations of a person who is *receiving child care assistance pursuant to a *prospective claim.

70Secretary may give notice stating that child must be immunised

(1)
The Secretary may give the person a notice stating that a child under 7 in respect of whom the child care assistance is being paid must be *immunised if the person is to continue to receive child care assistance in respect of sessions of care for the child.
Note: See section 22 for the consequences of a child not being immunised.
(2)
The notice must also explain the alternatives to immunisation that may be available.
Note: The alternatives to immunisation are set out in paragraphs 22(d) to (h).

71Secretary may request person to give statement of tax file number

(1)
If the person is in Australia, the Secretary may request but not compel the person:
(a)
if the person has a *tax file number—to give the Secretary a written statement of the person’s tax file number; or
(b)
if the person does not have a tax file number:
(i)
to apply to the Commissioner of Taxation for a tax file number; and
(ii)
to give the Secretary a written statement of the person’s tax file number after the Commissioner of Taxation has issued it.
(2)
Section 6 deals with how the request may be complied with.
(3)
The Secretary may exempt the person from having to comply with the request.
(4)
The consequences of failing to comply with the request are as set out in subsection 34(1).

72Secretary may request person to give statement of partner’s tax file number

(1)
If:
(a)
the person is a *member of a couple; and
(b)
the person’s partner is in Australia;
the Secretary may request but not compel the person to give the Secretary a written statement of the *tax file number of the person’s partner.
(2)
Section 7 deals with how the request may be complied with.
(3)
The Secretary may exempt the person from having to comply with the request.
(4)
Without limiting subsection (3), the Secretary may exempt the person from having to satisfy the request if the Secretary is satisfied that:
(a)
the person does not know the partner’s *tax file number; and
(b)
the person can obtain none of the following from the partner:
(i)
the partner’s tax file number;
(ii)
a statement of the partner’s tax file number;
(iii)
a declaration by the partner under paragraph 7(2)(b).
(5)
The consequences of failing to comply with the request are as set out in subsection 34(2).

73Secretary may require notice of the happening of an event or a change of circumstances

(1)
The Secretary may give the person a notice that requires the person to inform the Department if:
(a)
a specified event or change of circumstances occurs; or
(b)
the person becomes aware that a specified event or change of circumstances is likely to occur.
(2)
An event or change of circumstances is not to be specified in the notice unless the occurrence of the event or change of circumstances might affect the payment of the child care assistance.
(3)
Subject to subsection (4), the notice:
(a)
must be in writing; and
(b)
may be given personally or by post; and
(c)
must specify how the person is to give the *information to the Department; and
(d)
must specify the period within which the person is to give the information to the Department; and
(e)
must specify that the notice is a recipient notification notice given under this Act.
(4)
The notice is not invalid merely because it fails to comply with paragraph (3)(c) or (e).
(5)
The period specified under paragraph (3)(d) must end at least 14 days after:
(a)
the day on which the event or change of circumstances occurs; or
(b)
the day on which the person becomes aware that the event or change of circumstances is likely to occur.
(6)
If the notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.
(7)
The person commits an offence if the person refuses or fails to comply with the notice.
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibilities.
(8)
This section extends to:
(a)
acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b)
all persons irrespective of their nationality or citizenship.

74Secretary may require person to give particular information relevant to payment of child care assistance

(1)
The Secretary may give the person a notice that requires the person to give the Department a statement about a specified matter that might affect the payment of child care assistance to the person.
(2)
Subject to subsection (3), the notice:
(a)
must be in writing; and
(b)
may be given personally or by post; and
(c)
must specify how the statement is to be given to the Department; and
(d)
must specify the period within which the person is to give the statement to the Department; and
(e)
must specify that the notice is a recipient statement notice given under this Act.
(3)
The notice is not invalid merely because it fails to comply with paragraph (2)(c) or (e).
(4)
The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.
(5)
A statement given in response to the notice must be in writing and in accordance with a form approved in writing by the Secretary.
(6)
The person commits an offence if the person refuses or fails to comply with the notice.
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(7)
This section extends to:
(a)
acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b)
all persons irrespective of their nationality or citizenship.

75Secretary may require person to give information relating to entitlement to child care assistance in a past period

(1)
The Secretary may give the person a notice that requires the person to give the Department *information about specified matters relating to the person’s entitlement to be paid child care assistance, or the rate at which child care assistance was payable to the person, in respect of a specified past period.
(2)
The notice may also require the person to produce evidence of liabilities of a kind referred to in paragraph 20(2)(c) incurred in respect of the period.
(3)
Subject to subsection (4), the notice:
(a)
must be in writing; and
(b)
may be given personally or by post; and
(c)
must specify how the *information or evidence is to be given to the Department; and
(d)
must specify the period within which the person is to give the information or evidence to the Department; and
(e)
must specify that the notice is a recipient reconciliation notice given under this Act.
(4)
The notice is not invalid merely because it fails to comply with paragraph (3)(c) or (e).
(5)
The period specified under paragraph (3)(d) must end at least 14 days after the day on which the notice is given.
(6)
The person commits an offence if the person refuses or fails to comply with the notice.
Penalty: 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(7)
This section extends to:
(a)
acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b)
all persons irrespective of their nationality or citizenship.

76Secretary may require person to give notice of change of address

(1)
The Secretary may give the person a notice that requires the person to inform the Department if the person has changed or changes his or her address.
(2)
Subject to subsection (3), the notice:
(a)
must be in writing; and
(b)
may be given personally or by post; and
(c)
must specify how the person is to give the *information to the Department; and
(d)
must specify the period within which the person is to give the information to the Department; and
(e)
must specify that the notice is a notice given under this Act.
(3)
The notice is not invalid merely because it fails to comply with paragraph (2)(c) or (e).
(4)
The period specified under paragraph (2)(d) must end at least 14 days after the later of:
(a)
the day on which the person changes address; or
(b)
the day on which the notice is given.

Chapter 3—Child care rebate

Part 1—Entitlement

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77Entitlement to child care rebate

(1)
A person is entitled to child care rebate in respect of a *payment period if:
(a)
the person is qualified for child care rebate in respect of the payment period (see Part 2); and
(b)
the payability rules (see Part 3) do not preclude payment of child care rebate to the person in respect of the whole payment period.
Note: A person may also be entitled, in respect of the same payment period, to child care assistance (see Chapter 2).
(2)
The payability rules preclude payment of child care rebate in respect of the whole *payment period if, in respect of all times in the payment period, a provision or provisions of Part 3 applies to make child care rebate not payable to the person.
Note: If the payability rules preclude payment of child care rebate to the person in respect of part of the payment period, sessions of care in that part of the period are not qualifying sessions of care for the purposes of Schedule 2 (calculation of rate of child care rebate).

Part 2—Qualification

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78Qualification for child care rebate

(1)
A person is qualified for child care rebate in respect of a *payment period if the conditions set out in subsection (2) are satisfied in relation to a *session of care for a child, or a number of sessions of care for a child, during the payment period.
(2)
The conditions to be satisfied in relation to a *session of care are:
(a)
the child is a *dependent child of the person, or the person’s partner, during the session; and
(b)
the care is provided in Australia by a *child care rebate service; and
(c)
the child is not a dependent child of a person who is, or of the partner of a person who is:
(i)
the operator of the service; or
(ii)
a member of a business partnership that operates the service; and
(d)
the person, or the person’s partner, incurs or has incurred a liability to pay for the session (whether or not that liability has been discharged); and
(e)
the person, and the person’s partner (if any), *satisfy the work/training/study test at some time during the week of the *payment period in which the session occurs; and
(f)
none of the following provisions apply to make the person not qualified to receive child care rebate in respect of the session of care:
(i)
section 80;
(ii)
section 81; and
(g)
the person, or the person’s partner, is an *inhabitant of Australia during the session; and
(h)
the session starts on or after the *payment commencement day.
Note: See section 82 for treatment of a session of care when the child is absent from some or all of the session.
(3)
In this section:
business partnership means a partnership between 2 or more persons carrying on a business of providing child care.

79Meaning of dependent child

(1)
A child is a dependent child of another person for the purposes of child care rebate if:
(a)
the child:
(i)
is under 13; or
(ii)
has turned 13 but is under 17, and is a disabled child as defined in subsection (2); and
(b)
the relationship between the child and the other person satisfies one of the conditions set out in subsection (3).
(2)
A child is a disabled child if:
(a)
the child has a physical, intellectual or psychiatric disability; and
(b)
because of that disability:
(i)
the child needs care and attention from another person on a daily basis; and
(ii)
the care and attention needed by the child is substantially more than that needed by a child of the same age who does not have a physical, intellectual or psychiatric disability; and
(c)
the child is likely to need that care and attention permanently or for an extended period.
(3)
The conditions relating to the relationship between the child and the other person are:
(a)
the other person is legally responsible (whether alone or jointly with a third person) for the day-to-day care, welfare and development of the child, and the child is in the other person’s care; or
(b)
the child is wholly or substantially in the other person’s care, and there is no one else who is in a relationship with the child as described in paragraph (a); or
(c)
a determination by the Secretary under subsection (4) is in force in relation to the relationship between the child and the other person.
(4)
The Secretary may, in writing, determine that the relationship between the child and the other person is sufficient for the purposes of this section if the other person has the day-to-day care of the child on a long term basis (otherwise than in the course of carrying on a business of providing care or a business of a pre‑school).

80The immunisation requirement—prospective claimants and recipients

If:
(a)
a person is given a notice under subsection 96(1) relating to the immunisation of a child under 7 in respect of whom the person has made a *prospective claim for child care rebate; or
(b)
a person is given a notice under subsection 122(1) relating to the immunisation of a child under 7 in respect of whom the person is *receiving child care rebate;
the person is not qualified to receive child care rebate in respect of a *session of care for the child that occurs after the end of the period of 28 days after the notice is given, unless, at the end of that period, the Secretary is satisfied that:
(c)
the child is *immunised; or
(d)
both of the following have occurred:
(i)
a *recognised immunisation provider has certified in writing that he or she has discussed with the person the benefits and risks of immunising the child;
(ii)
the person has declared in writing that he or she has a *conscientious objection to the child being immunised; or
(e)
if the child is a *dependent child of another person, both of the following have occurred:
(i)
a recognised immunisation provider has certified in writing that he or she has discussed with the other person the benefits and risks of immunising the child;
(ii)
the other person has declared in writing that he or she has a conscientious objection to the child being immunised; or
(f)
a recognised immunisation provider has certified in writing that the immunisation of the child would be medically contraindicated under the specifications set out in the *Australian Immunisation Handbook; or
(g)
a recognised immunisation provider has certified in writing that the vaccine for immunising the child is not available immediately before or during a session of care in respect of which a claim would otherwise be payable; or
(h)
a registered medical practitioner has certified in writing that the child has recovered from the relevant disease, has developed a natural immunity and does not require immunisation.
Note 1: During the 28 days, the person may still be qualified to receive child care rebate.
Note 2: *Retrospective claims are dealt with differently—see section 81.
81The immunisation requirement—retrospective claimants
(1)
A person who makes a *retrospective claim for child care rebate in respect of a *session of care for a child under 7 is not qualified to receive child care rebate in respect of that session of care unless the Secretary is satisfied that:
(a)
the child was *immunised at the time the session occurred; or
(b)
the session of care occurred after:
(i)
a *recognised immunisation provider certified in writing that he or she had discussed with the person the benefits and risks of immunising the child; and
(ii)
the person declared in writing that he or she had a *conscientious objection to the child being immunised; or
(c)
if the child is a *dependent child of another person, the session of care occurred after:
(i)
a recognised immunisation provider certified in writing that he or she had discussed with the other person the benefits and risks of immunising the child; and
(ii)
the other person declared in writing that he or she had a conscientious objection to the child being immunised; or
(d)
both of the following conditions are satisfied:
(i)
at the time of the session of care the immunisation of the child was medically contraindicated under the specifications set out in the *Australian Immunisation Handbook;
(ii)
a recognised immunisation provider has certified in writing that the immunisation is medically contraindicated under those specifications; or
(e)
a recognised immunisation provider has certified in writing that the vaccine for immunising the child was not available immediately before or during the session of care for which a claim has been made; or
(f)
a registered medical practitioner has certified in writing that the child has recovered from the relevant disease, has developed a natural immunity and does not require immunisation.

(i)
in respect of a dependent child of the person or the person’s partner; and
(ii)
pursuant to a claim that was determined before the week.
(2)
This point applies in relation to qualifying sessions of care in the week, other than:
(a)
any session provided by an *occasional care service; or
(b)
any session provided by a service at a time in relation to which a determination under subpoint (7) applies.
(3)
Subject to subpoint (6), it is only the first 20 hours of care in the qualifying sessions of care for a child in a week that are eligible hours of care in those sessions.
(4)
The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 20 hours. The determination is to be made in accordance with guidelines in force under subpoint (10).
(5)
The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(a)
the child is or was at risk of neglect or abuse; or
(b)
the child’s family is or was in crisis; or
(c)
the child is or was a dependent child of a person who is or was disabled and whose partner (if any) is or was also disabled.
The determination is to be made in accordance with guidelines in force under subpoint (10).
(6)
Subpoint (3) has effect in respect of the period to which a determination under subpoint (5) applies as if the reference in that subpoint to 20 hours were instead a reference to the higher number of hours specified in the determination.
(7)
The Minister may, by determination in writing, exempt a specified *child care assistance service from the limit imposed by this point if:
(a)
the service is the sole provider in an area of the kind of care the service provides; and
(b)
not to grant the exemption would be likely to result in the closure of the service.
Note: Decisions under this subpoint are reviewable under Part 3 of Chapter 6, rather than under Chapter 9.
(8)
A determination under subpoint (7):
(a)
is to be made in accordance with guidelines in force under subpoint (10); and
(b)
may be expressed so that the exemption is made subject to conditions.
(9)
A determination under subpoint (5) or (7) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made).
(10)
The Minister may, by determination in writing, make guidelines relating to making of determinations under subpoints (4), (5) and (7).
(11)
A determination under subpoint (10) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Eligible hour of care—the 50 hour limit per week per child
D3(1)
Subject to subpoint (5), it is only the first 50 hours of care in the qualifying sessions of care for a child in a week that are eligible hours of care in those sessions.
(2)
The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 50 hours. The determination is to be made in accordance with guidelines in force under subpoint (7).
(3)
The Secretary may, in writing, determine that, because of work related commitments, the person needs or needed a specified higher total number of hours of care per week for the child. The determination is to be made in accordance with guidelines in force under subpoint (7).
(4)
The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(a)
the child is or was at risk of neglect or abuse; or
(b)
the child’s family is or was in crisis.
The determination is to be made in accordance with guidelines in force under subpoint (7).
(5)
Subpoint (1) has effect in respect of the period to which a determination under subpoint (3) or (4) applies as if the reference in it to 50 hours were instead a reference to the higher number of hours specified in the determination.
(6)
A determination under subpoint (3) or (4) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made).
(7)
The Minister may, by determination in writing, make guidelines relating to the making of determinations under subpoints (2), (3) and (4).
(8)
A determination under subpoint (7) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Module E—Hourly rebateable fee

Hourly rebateable fee—basic meaning
E1(1)
The hourly rebateable fee in relation to an eligible hour of care is the lesser of:
(a)
the fee charged by the *child care assistance service for the hour of care, or if point E2 (reimbursements) applies, that fee as reduced under that point; and
(b)
the applicable fee limit set out in the table below.

Applicable fee limit
Item	Kind of care provided in hour	Fee limit
1	Care for a non-school child, other than part‑time family day care or non-standard hours family day care	$2.30
2	Care for a school child, other than part-time family day care or non-standard hours family day care	$1.95
3	Part-time family day care for a non-school child	the lesser of $3.05 and the ceiling rate (see subpoint (2))
4	Part-time family day care for a school child	the lesser of $2.60 and the ceiling rate (see subpoint (3))
5	Non-standard hours family day care for a non‑school child	$3.05
6	Non-standard hours family day care for a school child	$2.60

Note: The amounts specified in this table are to be indexed in accordance with Module G.
(2)
For the purposes of item 3 of the table in subpoint (1), the ceiling rate is the amount worked out by dividing $115 by the total number of eligible hours of care of the kind referred to in that item that were provided for the child during the week.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.
(3)
For the purposes of item 4 of the table in subpoint (1), the ceiling rate is the amount worked out by dividing $97.50 by the total number of eligible hours of care of the kind referred to in that item that were provided for the child during the week.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.
Treatment of reimbursements
E2(1)
This point applies if the person, or the person’s partner, is reimbursed for some or all of the fee charged by a *child care assistance service in respect of one or more eligible hours of care in a week.
(2)
In respect of each eligible hour of care in the week (not just the hours to which the reimbursement relates), the fee charged by the *child care assistance service for the hour of care is, for the purposes of point E1, to be reduced by the amount worked out in accordance with Method statement E1.
Method statement E1

Step 1. Work out the total amount reimbursed to the person, or the person’s partner, as mentioned in subpoint (1) in respect of the week.
Step 2. Divide the amount by the total number of eligible hours of care in the week.
Step 3. The fee charged by the *child care assistance service for each of those eligible hours of care is to be reduced by the amount worked out under Step 2.

(3)
The Minister may determine in writing:
1. (a)
  the circumstances in which a person is taken to be reimbursed for the purposes of this point; and
2. (b)
  a mechanism for working out the amount taken to be reimbursed to a person for the purposes of this point.
(4)
A determination under subpoint (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Module F—CA%

Method of calculating CA%
F1
The CA % in relation to a person and an eligible hour of care is worked out in accordance with Method statement F1.
Method statement F1

Step 1. Work out if the person is receiving family payment at more than the minimum family payment rate. The following rules then apply:
(a)
if the person is receiving family payment at more than that rate—the CA% is to be worked out in accordance with point F5;
(b)
in any other case—go to Step 2.
Step 2. Work out the person’s annual income (see point F2). The following rules then apply:
(a)
if the person’s annual income is at or below the income cut out point (see point F3), go to Step 3;
(b)
if the person’s annual income exceeds the income cut out point, the CA% is 0% (resulting in a nil rate of payment).
Step 3. Divide the person’s annual income by 52 to produce a weekly rate of income. The following rules then apply:
(a)
if the person’s weekly income is at or below the threshold amount (see point F4), the CA% is to be worked out in accordance with point F5;
(b)
if the person’s weekly income exceeds the threshold amount, the CA% is to be worked out in accordance with point F6.

The person’s annual income

F2(1)
For the purpose of this Module, the person’s annual income is to be worked out in accordance with the regulations.
(2)
Without limiting subpoint (1), the regulations may:
1. (a)
  provide that a person’s annual income is to include the income of another person (for example, the person’s partner); and
2. (b)
  identify amounts to be included in a person’s income; and
3. (c)
  identify amounts not to be included in a person’s income; and
4. (d)
  provide for the use of estimates in determining a person’s income; and
5. (e)
  provide for a person’s income to be recalculated in certain circumstances; and
6. (f)
  make different provision in respect of different classes of people.
(3)
Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.

The income cut out point

F3
The income cut out point, in relation to the person and the eligible hour of care, is:
1. (a)
  if the number of children in care of that kind is 1—$65,743; or
2. (b)
  if the number of children in care of that kind is 2—$77,084; or
3. (c)
  if the number of children in care of that kind is 3 or more—$94,095.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in this subpoint are to be indexed in accordance with Module G.

The threshold amount

F4
The threshold amount is $522.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.

Calculation of CA%—maximum income tested rate

F5(1)
The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if:
1. (a)
  paragraph (a) of Step 1 in Method statement F1 applies; or
2. (b)
  paragraph (a) of Step 3 in Method statement F1 applies.
(2)
The formula is:
(3)
In this formula:

ceiling, in relation to the person and the eligible hour of care, means the amount worked out by multiplying $115 by the number of children in care of that kind.
minimum fee, in relation to the person and the eligible hour of care, means:
(a)
if the number of children in care of that kind is 1—$19.50; or
(b)
if the number of children in care of that kind is 2 or more—$22.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.
Calculation of CA%—reduced income tested rate

F6(1)
The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if paragraph (b) of Step 3 in Method statement F1 applies.
(2)
The formula is:
(3)
In this formula:

excess income means the amount of the excess referred to in paragraph (b) of Step 3 in Method statement F1.
withdrawal rate means the amount worked out in accordance with the formula set out in subpoint (4).
minimum fee, in relation to the person and the eligible hour of care, means:
(a)
if the number of children in care of that kind is 1—$19.50; or
(b)
if the number of children in care of that kind is 2 or more—$22.
ceiling, in relation to the person and the eligible hour of care, means the amount worked out by multiplying $115 by the number of children in care of that kind.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.

(4)
The formula for working out the withdrawal rate is:
(5)
In this formula:

ceiling has the same meaning as in subpoint (3).
minimum fee has the same meaning as in subpoint (3).
weekly cut out point means the amount worked out by dividing the income cut out point worked out under point F3 by 52.
threshold amount has the same meaning as in point F4.
Meaning of number of children in care of that kind

F7
For the purposes of applying this Module to a person and an eligible hour of care, the number of children in care of that kind, in relation to the person and the eligible hour of care, is worked out in accordance with Method statement F2.

Method statement F2

Step 1. Work out what kind of care was provided in that hour. For this purpose, the kinds of care are:
(a)
care provided for a school child by a *child care assistance service, other than an *occasional care service;
(b)
care provided for a non-school child by a child care assistance service, other than an occasional care service;

(d)
care provided for a non-school child by an occasional care service.

Step 2. Work out, in relation to the person, how many children are in qualifying sessions of care of that kind in the week concerned. That number is the number of children in care of that kind in relation to the person and the eligible hour of care.

Module G—Indexation

Amounts to be indexed
G1
The amounts specified in the table below are to be indexed in accordance with the regulations.

Amounts to be indexed
Item	Amount
1	Each amount specified in the table at the end of subpoint E1(1)
2	The amount specified in subpoint E1(2)
3	The amount specified in subpoint E1(3)
4	Each amount specified in point F3
5	The amount specified in point F4
6	Each amount specified in the definitions of ceiling and minimum fee in subpoint F5(3)
7	Each amount specified in the definitions of ceiling and minimum fee in subpoint F6(3)

Substituting a higher amount before first indexation
G2(1)
The Minister may, in writing, before the day on which an amount is first indexed, determine that a higher amount is to be substituted for that amount. The determination has effect accordingly.
(2)
A determination under subpoint (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Regulations on indexation
G3(1)
The regulations may:
(a)
prescribe when an amount is to be indexed; and
(b)
prescribe the way in which an amount is to be indexed; and
(c)
make different provision in respect of different amounts.
(2)
Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
Consequence of indexing amounts
G4
If an amount (the indexable amount) is indexed in accordance with the regulations, this Schedule has effect as if the new amount (as indexed) were substituted for the indexable amount on the day when the indexation takes effect.

Schedule 2—Calculation of rate of child care rebate

Note: See section 106.

Module A—Overall rate calculation process

Method of calculating rate
A1
The rate of child care rebate is a rate per *payment period worked out in accordance with Method statement A1.
Method statement A1

Step 1. Identify the qualifying sessions of care for the person and for each week of the *payment period (see Module B).
Step 2. Work out the child care rebate for the person for each week of the payment period (see point A2).
Step 3. The rate of child care rebate is worked out by adding together the child care rebate for each week of the payment period and then rounding the total in accordance with point A3.

The weekly child care rebate formula

A2(1)
The formula for working out the child care rebate under Step 2 in Method statement A1 is:
(2)
In this formula:

CCR% has the meaning given by Module C.
weekly child care expenditure has the meaning given by Module D.
minimum fee means $19.50. This is the minimum amount that the person must pay for child care for a week before rebate will be paid.
Note: The amount specified in the definition of minimum fee is to be indexed in accordance with Module E.

(3)
If the person’s weekly child care expenditure is below the minimum fee, the child care rebate for the week is nil.

Rounding amounts

A3
Amounts worked out under Step 3 in Method statement A1 are to be rounded upwards to the nearest 5 cents.

Module B—Qualifying session of care

Qualifying session of care—basic meaning
B1
Subject to points B2 and B3, a *session of care for a child is a qualifying session of care in relation to a person and a *payment period if:
(a)
it is a session of care in the payment period in relation to which the conditions specified in subsection 78(2) are satisfied; and
(b)
no provision of Part 3 of Chapter 3 applies to make child care rebate not payable to the person in respect of the time of the session.
Session cannot be counted twice as a qualifying session of care
B2
Once a *session of care for a child has been counted (for the purposes of this Schedule) as a qualifying session of care in relation to a person, it cannot be counted again as a qualifying session of care for the purposes of determining the child care rebate payable to the person, or another person, pursuant to another claim.
Dealing with session of care in respect of which 2 people have made claims
B3(1)
If 2 people claim child care rebate in respect of the same *session of care for a child, the Secretary is to decide in writing which of them is to receive any child care rebate payable in respect of the session. The session is not a qualifying session of care in relation to the other person.
(2)
In making the decision, the Secretary must have regard to whether one of the people is the primary carer for the child.
(3)
The Secretary is to give notice of the decision to each of the people.

Module C—CCR%

The CCR%
C1
The CCR% for a person is:
(a)
if the CCR% for the person is set at 20% under point C2 or C3—20%; or
(b)
if the person’s annual income exceeds the income cut out point (see points C4 and C5)—20%; or
(c)
in any other case—30%.
Non-compliance with tax file number request—CCR% is 20%
C2(1)
The CCR% for the person is 20% if:
(a)
the person is requested under section 97 or 123 to:
(i)
give the Secretary a written statement of the person’s *tax file number; or
(ii)
apply for a tax file number and give the Secretary a written statement of the person’s tax file number once it has been issued; and
(b)
at the end of the period of 28 days after the request is made, the person has not complied with the request; and
(c)
the Secretary has not exempted the person from having to comply with the request.
Note 1: See section 6 for how to comply with a request.
Note 2: During the 28 days, the CCR% for the person may still be 30%.
(2)
The CCR% for the person is 20% if:
(a)
the person is a *member of a couple; and
(b)
the person is requested under section 98 or 124 to give the Secretary a written statement of the *tax file number of the person’s partner; and
(c)
at the end of the period of 28 days after the request is made, the person has not complied with the request; and
(d)
the Secretary has not exempted the person from having to comply with the request.
Note 1: See section 7 for how to comply with a request.
Note 2: During the 28 days, the CCR% for the person may still be 30%.
(3)
If the person’s claim for child care rebate is a *prospective claim, once the CCR% for the person is 20%, it remains fixed at that rate for the purposes of that claim until the person complies with the request.
(4)
If the person’s claim for child care rebate is a *retrospective claim, once the CCR% for the person is 20%, it remains fixed at that rate for the purposes of that claim.
Non-compliance with requirement for information about income
C3(1)
The CCR% for the person is 20% if:
(a)
the person is requested under the regulations to provide *information relevant to the calculation of annual income for the purposes of this Module; and
(b)
the person has not provided the information within the period required by the regulations.
Note: During the period for complying with the request, the CCR% for the person may still be 30%.

(2)
If the person’s claim for child care rebate is a *prospective claim, once the CCR% for the person if 20%, it remains fixed at that rate for the purposes of that claim until the person complies with the request.
(3)
If the person’s claim for child care rebate is a *retrospective claim, once the CCR% for the person is 20%, it remains fixed at that rate for the purposes of that claim.
The person’s annual income
C4(1)
For the purposes of this Module, the person’s annual income is to be worked out in accordance with the regulations.
(2)
Without limiting subpoint (1), the regulations may:
(a)
provide that a person’s annual income is to include the income of another person (for example, the person’s partner); and
(b)
identify amounts to be included in a person’s income; and
(c)
identify amounts not to be included in a person’s income; and
(d)
provide for the use of estimates in determining a person’s income; and
(e)
provide for a person’s income to be recalculated in certain circumstances.
(3)
Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
The income cut out point
C5(1)
The income cut out point, in relation to the person and the week, is:
(a)
if the person has only one *dependent child in the week—$70,000; or
(b)
if the person has more than one dependent child in the week—the amount worked out in accordance with the formula in subpoint (2).
Note: The amount specified in this point is to be indexed in accordance with Module E.
(2)
The formula is:
Note: The amounts specified in this point are to be indexed in accordance with Module E.
(3)
In this point:
dependent child, in relation to the person, means a *dependent child of the person or the person’s partner.

Module D—Weekly child care expenditure

Method of calculating weekly child care expenditure
D1
The weekly child care expenditure for a person for a week is worked out in accordance with Method statement D1.
Method statement D1

Step 1. Work out the total of all liabilities that the person, or the person’s partner, has incurred for qualifying sessions of care during the week.

Step 2. Deduct the amounts referred to in point D2. The result is the uncapped weekly child care expenditure.
Step 3. Apply the expenditure ceiling specified in point D3 to the uncapped weekly child care expenditure, then apply the following rules:

(a)
if the uncapped weekly child care expenditure is less than the expenditure ceiling, the weekly child care expenditure is equal to the uncapped weekly child care expenditure;

(b)
if the uncapped weekly child care expenditure is equal to or greater than the expenditure ceiling, the weekly child care expenditure is equal to the expenditure ceiling.

Amounts to be deducted

D2(1)
The amounts to be deducted under Step 2 in Method statement D1 are:
1. (a)
  any child care assistance that is paid to or on behalf of the person or the person’s partner for the week; and
2. (b)
  any other amount specified in a determination in force under subpoint (2).
(2)
The Minister may determine in writing amounts that are to be deducted under Step 2.
(3)
A determination under subpoint (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

The expenditure ceiling

D3
The expenditure ceiling is as follows:
1. (a)
  if rebate is paid in respect of one *dependent child of the person, or the person’s partner, for the week—$115;
2. (b)
  if rebate is paid in respect of two or more dependent children of the person, or the person’s partner, for the week—$230.
Note: The amounts specified in this point are to be indexed in accordance with Module E.

Module E—Indexation

Amounts to be indexed
E1
The amounts specified in the table below are to be indexed.

Amounts to be indexed
Item	Amount
1	The amount specified in subpoint A2(2) (definition of minimum fee)
2	Each amount specified in point C5
3	Each amount specified in point D3

Substituting a higher amount before first indexation
E2(1)
The Minister may, in writing, before the day on which an amount is first indexed, determine that a higher amount is to be substituted for that amount. The determination has effect accordingly.
(2)
A determination under subpoint (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Regulations on indexation
E3(1)
The regulations may:
(a)
prescribe when an amount is to be indexed; and
(b)
prescribe the way in which an amount is to be indexed; and
(c)
make different provision in respect of different amounts.
(2)
Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
Consequence of indexing amounts
E4
If an amount (the indexable amount) is indexed in accordance with the regulations, this Schedule has effect as if the new amount (as indexed) were substituted for the indexable amount on the day when the indexation takes effect.

Notes to the Child Care Payments Act 1997

Note 1

The Child Care Payments Act 1997 as shown in this consolidation comprises Act No. 195, 1997 amended as indicated in the Tables below.

Table of Acts

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Child Care Payments Act 1997	195, 1997	8 Dec 1997	(see s. 2)
Child Care Legislation Amendment Act 1998	13, 1998	16 Apr 1998	Schedule 1 (items 16, 17): Royal Assent (a)	—
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998	45, 1998	17 June 1998	Schedule 13 (items 5-8): 1 July 1998 (b)	—
Financial Sector Reform (Consequential Amendments) Act 1998	48, 1998	29 June 1998	Schedule 1 (items 27-31): 1 July 1998 (see Gazette 1998, No. S316) (c)	—
Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998	132, 1998	24 Dec 1998	Schedule 5 (item 1): 1 July 1999 (d)	—
Assistance for Carers Legislation Amendment Act 1999	13, 1999	9 Apr 1999	Schedule 2 (items 65, 66): (e)	—
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999	44, 1999	17 June 1999	Schedule 7 (item 15): 1 July 1999 (see Gazette 1999, No. S283) (f)	—

(a) The Child Care Payments Act 1997 was amended by Schedule 1 (items 16 and 17) only of the Child Care Legislation Amendment Act 1998, subsection 2(1) of which provides as follows:
(1)
Sections 1, 2, 3 and 4 and items 16 and 17 of Schedule 1 commence on the day on which this Act receives the Royal Assent.
(b) The Child Care Payments Act 1997 was amended by Schedule 13 (items 5-8) only of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, subsection 2(1) of which provides as follows:
(1)
Subject to subsections (2) to (10), this Act commences on 1 July 1998.
(c) The Child Care Payments Act 1997 was amended by Schedule 1 (items 27-31) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:
(2)
Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.
(d) The Child Care Payments Act 1997 was amended by Schedule 5 (item 1) only of the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998, subsection 2(1) of which provides as follows:
(1)
Subject to subsections (2) and (3), this Act commences on 1 July 1999.
(e) The Health Insurance Act 1973 was amended by Schedule 2 (items 65, 66) only of the Assistance for Carers Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:
(2)
The following provisions:
(a)
Parts 1 and 4 of Schedule 1;
(b)
Schedule 2 (other than items 1 and 3);
(c)
Schedule 3 (other than item 1);
commence immediately after the commencement of Schedule 1 to the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998.
Schedule 1 to the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998 commences on 1 July 1999.
(f) The Child Care Payments Act 1997 was amended by Schedule 7 (item 15) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsections 3(2)(e) and (16) of which provide as follows:
(2)
The following provisions commence on the transfer date:
(e)
subject to subsections (12), (14) and (15), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).
(16)
The Governor‑General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 5 ..........................................	am. No. 48, 1998; No. 132, 1998
S. 12.........................................	am. No. 13, 1998
S. 15.........................................	am. No. 45, 1998; No. 13, 1999
S. 17.........................................	am. No. 45, 1998
Heading to s. 62.......................	am. No. 44, 1999
S. 62 ........................................	am. No. 48, 1998; No. 44, 1999
Heading to s. 67.......................	am. No. 44, 1999
S. 67 ........................................	am. No. 48, 1998; No. 44, 1999
Heading to s. 114.....................	am. No. 44, 1999
S. 114 ......................................	am. No. 48, 1998; No. 44, 1999
S. 116.......................................	am. No. 48, 1998
Heading to s. 119.....................	am. No. 44, 1999
S. 119.......................................	am. No. 44, 1999
Schedule 1................................	am. No. 13, 1999