General rule

(1)

An individual is not eligible for child care benefit under this Subdivision in respect of a session of care provided to a child if the approved child care service providing the session of care is eligible for child care benefit under Subdivision C in respect of the same session of care.

Exception

(2)

Subsection (1) does not apply to a session of care if the session is covered by a determination under subsection (3).

Ministerial determination

(3)

The Minister may determine that subsection (1) does not apply in specified circumstances to sessions of care provided by approved child care services.

Disallowable instrument

(4)

A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Subdivision C—Eligibility for child care benefit for care provided by approved child care service in special circumstances