Child Care Benefit (Work/Training/Study Test Exemption) Determination 2000

Child Care Benefit (Work/Training/Study Test Exemption) Determination 2000

as amended

This compilation was prepared on 18 January 2013 taking into account amendments up to Child Care Benefit (Work/Training/Study Test Exemption) Amendment Determination 2012 (No. 1) (F2012L02035).

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

Contents

  Page

Part 1 Preliminary

 1 Citation 3

 2 Commencement 3

 3 Interpretation 3

Part 2 Exempt persons

 4 Exempt persons 3

 5 Other exempt persons — principal carers of grandchildren 4

Part 1  Preliminary

1               Citation

This Determination may be cited as the Child Care Benefit (Work/Training/Study Test Exemption) Determination 2000.

2               Commencement

This Determination commences on 1 July 2000, immediately after the commencement of section 14 of the Act.

3               Interpretation

(1) In this Determination:

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

(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  Exempt persons

4               Exempt persons

(1) An person is exempt from the requirements of paragraphs 14 (1) (a), (b) and (c) of the Act (the work/training/study test) if the person satisfies the conditions mentioned in subsection (2).

(2) The conditions referred to in subsection (1) are that:

(a) the person is a member of a couple;

(b) the person’s partner is not exempt under this section from the requirements of paragraphs 14 (1) (a), (b) and (c) of the Act (the work/training/study test); and

(c) the person is not able to satisfy the work/training/study test or care for any children of the person, or the person’s partner, because the person is:

(i) a disabled person; or

(ii) outside Australia; or

(iii) an inmate of a prison; or

(iv) otherwise lawfully detained for any reason.

5               Other exempt persons — principal carers of grandchildren

(1) A person is exempt from the requirements of paragraphs 14 (1) (a), (b) and (c) of the Act (the work/training/study test) in relation to another person (the related child) if:

(a) the person, or the person’s partner, is the grandparent or great grandparent of the related child; and

(b) the related child is an FTB child of the person, or the person’s partner; and

(c) the person, or the person’s partner, is the principal carer of the related child; and

(d) the person, or the person’s partner is conditionally eligible, or eligible, for child care benefit for care provided to the related child be an approved child care service.

(2) A person is exempt from the requirements of paragraphs 14 (1) (a), (b) and (c) of the Act (the work/training/study test) in relation to another person (the unrelated child) if:

(a) under subsection (1), the person is exempt from those requirements in relation to the related child; and

(b) the unrelated child is either:

(i) an FTB child of the person, or the person’s partner; or

(ii) a regular care child of the person, or the person’s partner; and

(c) the person, or the person’s partner, is conditionally eligible, or eligible, for child care benefit for care provided to the unrelated child by an approved child care service.

(3) For the purposes of determining whether a person is a grandparent or great grandparent of another person, treat the following relationships as if they were biological child-parent relationships:

(a) the relationship between an adopted child and his or her adoptive parent;

(b) the relationship between a step child and his or her step parent.

(c) the relationship between a relationship child and his or her relationship parent.

(4) In this section:

adoptive parent, of a person (the child), means the person who adopted the child under a law of any place, whether in Australia or not, relating to the adoption of children.

principal carer, of a person (the child), means the person who:

(a) is the sole or major provider of ongoing daily care for the child; and

(b) has substantial autonomy for the day-to-day decisions about the child’s care, welfare and development.

step parent, of a person (the child), means the person who:

(a) is the current or former partner of the biological parent, adoptive parent, or relationship parent of the child; and

(b) is not the biological parent, adoptive parent, or relationship parent of the child.

 (5) This section applies to hours of care occurring in a week commencing on or after 1 November 2004.

Notes to the Child Care Benefit (Work/Training/Study Test Exemption) Determination 2000

Note 1

The Child Care Benefit (Work/Training/Study Test Exemption) Determination 2000 in force under subsection 14 (2) 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

Table of Amendments