Child Care Benefit (Rates and Hardship) Determination 2000

Administered by Department of Education

Legislation au F2007B00427 Not in force Legislative Instrument

Select Document

as amended

made under subsection 82 (3) of the

A New Tax System (Family Assistance) Act 1999

This compilation was prepared on 21 November 2008 taking into account amendments up to Child Care Benefit (Rates and Hardship) Amendment Determination 2007 (No. 1) (F2007L04268).

Prepared by the Department of Education, Employment and Workplace Relations.

Contents

Page

Part 1 Preliminary

1 Citation 4

2 Commencement 4

3 Interpretation 4

Part 2 Kinds of hardship

4 Kinds of hardship 5

Part 3 Limit on making determinations

5 Interpretation of this Part 7

6 52 week limit on determinations 7

7 Limit in income support cases 8

8 Further limit relating to Secretary's hardship determinations 8

Part 4 Rules relating to the giving of certificates under section 76 of the Act

9 Rules relating to the giving of certificates by an approved child care service 10

Part 1 Preliminary

1 Citation

This Determination may be cited as the Child Care Benefit (Rates and Hardship) Determination 2000.

2 Commencement

This Determination commences on 1 July 2000, immediately after the commencement of Part 2 of Schedule 1 to the A New Tax System (Family Assistance and Related Measures) Act 2000.

3 Interpretation

(1) In this Determination:

the Act means the A New Tax System (Family Assistance) Act 1999.

income support payment means any payment referred to in subparagraph (a) (ii) of clause 7 of Schedule 2 to the Act.

(2) Unless the contrary intention appears, expressions used in this instrument shall have the same meanings as in the primary legislation, and for this purpose “the primary legislation” means the Act and the A New Tax System (Family Assistance) (Administration) Act 1999.

Part 2 Hardship

4 Kinds of hardship

(1) When a person experiences an event which substantially reduces his or her ability to pay child care fees, this is a specified kind of hardship for the purposes of subparagraph 76 (1) (b) (ii) and paragraph 81 (2) (c) of the Act.

(2) The event referred to in subsection (1) may include, but is not limited to:

(a) loss of employment or the failure of a business;

(b) destruction of, or severe damage to, a person’s home, necessitating relocation of the family or the need to place a child in care or to increase child care;

(c) significant additional expenditure or a significant reduction in income arising from an event such as a death or serious illness in the family.

(3) Subject to subsection 4 (4), when a person has ceased to receive an income support payment and as a consequence:

(a) the person incurs significant additional expenditure associated with commencing new employment; or

(b) the person experiences a significant reduction in income,

this is a specified kind of hardship for the purposes of subparagraph 76 (1) (b) (ii) and paragraph 81 (2) (c) of the Act.

(3) Subsection 4 (3) does not apply in a case where a person has ceased to receive an income support payment because of the application of an assets test.

(4) For the avoidance of doubt, for the purposes of subparagraph 76 (1) (b) (ii) and paragraph 81 (2) (c) of the Act, kinds of hardship do not include hardship arising from:

(a) foreseeable expenditure such as routine home repairs or maintenance;

(b) non-essential expenditure such as home improvements;

(d) an increase in fees charged by an approved child care service.

Part 3 Limit on making determinations

5 Interpretation of this Part

In this Part:

hardship event means the event which gave rise to a hardship determination in respect of a person.

hardship determination means:

(a) the giving of a certificate by an approved child care service under subsection 76 (1) of the Act for a reason set out in subparagraph 76 (1) (b) (ii), or

(b) a determination by the Secretary under subsection 81 (2) of the Act.

period of hardship determination means:

(a) any period specified in a certificate by an approved child care service under subsection 76 (1) of the Act for a reason set out in subparagraph 76 (1) (b) (ii); and

(b) any period specified in a determination by the Secretary under subsection 81 (2) of the Act.

6 52 week limit on determinations

The total period of hardship determination in respect of one hardship event may not exceed 52 weeks.

7 Limit in income support cases

(1) Where a hardship determination is made in respect of a person who is experiencing the kind of hardship specified in subsection 4(3) of this determination (person who has ceased to receive income support), the initial determination must be made for a period of 3 weeks commencing on:

(a) if the day that income support payments ceased to be payable was a Monday, that day; or

(b) if paragraph (a) does not apply, the first Monday following the day on which income support payments ceased to be payable.

(2) Subject to subsection (3), 1 or more further hardship determinations may be made for the person in relation to the same event that caused the hardship for which the initial determination was made if:

(a) the period for which the initial determination, or any further hardship determination, applies has ended; and

(b) each further determination applies only for 1 week.

(3) The total period of hardship determination under this section may not exceed 6 weeks.

8 Further limit relating to Secretary’s hardship determinations

(1) In considering the period to be specified in a hardship determination under subsection 81 (2) of the Act, the Secretary must consider how long the person in respect of whom the determination is made reasonably needs to recover from or adjust to the hardship event.

(2) For the purposes of subsection (1):

(a) recovery from or adjustment to a hardship event means adaptation to the person’s new circumstances, and does not mean a return to the circumstances that existed before the hardship event occurred; and

(b) the Secretary must consider all the person’s circumstances, including his or her ability to reduce other items of household expenditure in order to pay child care fees, and whether the general expenditure of the person is reasonable having regard to the level of housing and other costs in the area in which the person lives.

(3) The total period of hardship determination in respect of a hardship event must not exceed the period that the Secretary considers necessary under subsection (1).

(4) This section is subject to section 6 (52 week limit on determinations).

(5) This section does not apply in a case to which section 7 applies (limit in income support cases).

Part 4 Further rules relating to the giving of certificates under section 76 of the Act

9 Rules relating to the giving of certificates by an approved child care service

When an approved child care service gives a certificate under section 76 of the Act (child care benefit rate certified by an approved child care service), the certificate must contain a description of the circumstances that led to the giving of the certificate, including:

(a) where the certificate is given under subsection 76 (1) of the Act for a reason set out in subparagraph 76 (1) (b) (i), or is given under subsection 76 (2) of the Act (child at risk of serious abuse or neglect), the reasons that the service considers that the child is at risk; and

(b) where the certificate is given under subsection 76 (1) of the Act for a reason set out in subparagraph 76 (1) (b) (ii) (person experiencing hardship), the details of the hardship that the person is experiencing.

Notes to the Child Care Benefit (Rates and Hardship) Determination 2000

Note 1

The Child Care Benefit (Rates and Hardship) Determination 2000 in force under subsection 82 (3) of the A New Tax System (Family Assistance) Act 1999 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	FRLI registration number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Child Care Benefit (Rates and Hardship) Determination 2000	F2007B00427	2 June 2000	1 July 2000
Child Care Benefit (Rates and Hardship) Amendment Determination 2007 (No. 1)	F2007L04268	31 October 2007	1 November 2007	s 4 (See Note 2 below)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
s 7 (2)	rs. 2007 F2007L04268

Note 2

Section 4 of the Child Care Benefit (Rates and Hardship) Amendment Determination 2007 (No. 1) provided:

4 Application

(1) The amendments made by this Determination apply to a hardship determination made for a session of care provided by an approved child care service to a child during a week falling wholly after the application day for the service.

(2) In this section:

application day has the meaning given by subitem 91 (1) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

Overview

The Child Care Benefit (Rates and Hardship) Determination 2000, enacted under the A New Tax System (Family Assistance) Act 1999, was introduced to address the issue of financial hardship faced by families in paying for child care services. This legislation was designed to provide relief to families experiencing significant financial difficulties that impact their ability to pay for child care, ensuring that families in need can access the necessary support. The determination was made by the relevant legislature, with the objective of providing timely and appropriate assistance to families facing hardship, thereby supporting the broader policy goal of making child care more affordable and accessible. The determination outlines specific kinds of hardship that qualify for assistance, such as loss of employment or severe damage to a home, and sets limits on the duration of assistance to ensure the system's sustainability. It also details the rules for the approval and certification of child care services and the process for making hardship determinations by the Secretary. The objective is to provide a clear framework for identifying and assisting families in financial distress while maintaining the integrity and efficiency of the child care benefit system.

Scope and Application

The Child Care Benefit (Rates and Hardship) Determination 2000, as amended, applies to individuals who are recipients of the Child Care Benefit under the A New Tax System (Family Assistance) Act 1999. This legislation outlines specific circumstances that constitute hardship, which qualifies an individual for additional support in paying child care fees. The types of hardship recognised include events that substantially reduce a person’s ability to pay, such as job loss, significant home damage, or a serious illness in the family. Conversely, the legislation excludes foreseeable or non-essential expenditures, ongoing low income, and increases in child care fees from qualifying as hardship. The geographic reach of this legislation is nationwide, as it is a Commonwealth Act. The Act allows for hardship determinations to be made by approved child care services or the Secretary, with specific limitations on the duration of these determinations, such as a 52-week cap for a single hardship event and a six-week limit for individuals who have ceased receiving income support. These provisions are further refined by subordinate instruments, which may adjust the application and thresholds of the Act.

Key Provisions

The Child Care Benefit (Rates and Hardship) Determination 2000 (Cth) establishes the parameters for determining eligibility for child care benefits due to specified kinds of hardship. According to section 4, certain events that substantially reduce a person's ability to pay child care fees are considered specified kinds of hardship. These events include loss of employment or business failure, destruction of a home necessitating relocation or increased child care, significant additional expenditure or a significant reduction in income due to a death or serious illness in the family. Conversely, hardship arising from foreseeable expenditure such as routine home repairs, non-essential expenditure like home improvements, ongoing low income, or an increase in child care fees is not considered. Section 6 stipulates that the total period of hardship determination in respect of one hardship event cannot exceed 52 weeks. The Determination imposes obligations on both the person experiencing hardship and the approved child care service. For instance, section 7 specifies that where a hardship determination is made in respect of a person who has ceased to receive income support, the initial determination must be for a period of 3 weeks. Further determinations may be made for one week each, but the total period for all determinations cannot exceed 6 weeks. Additionally, section 9 requires that when an approved child care service gives a certificate under section 76 of the primary Act, the certificate must detail the circumstances leading to the determination, including the reasons for the hardship. Breaches of the provisions in this Determination can result in civil or criminal consequences. Although the Determination itself does not explicitly state penalties, penalties for non-compliance with the A New Tax System (Family Assistance) Act 1999 (Cth) or the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) can include fines and, in severe cases, imprisonment. The maximum penalties depend on the specific breach and the applicable Act.

Area of Law: Family Law; Social Security Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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