(1)

An approved child care service is conditionally eligible for child care benefit by instalment at a particular time if:

(a)

13 special-circumstances-rate weeks (within the meaning of subsection 45(3)) in respect of the service and the child have passed in the calendar year in which the time occurs; and

(b)

either:

(i)

the child is at risk of serious abuse or neglect at the time; or

(ii)

the child was in an individual's care immediately before the time and the individual is at the time experiencing hardship of a kind specified in a determination in force under subsection 48(1); and

(c)

a determination is not in force under subsection 48(2) that has the effect that the service is not able to be conditionally eligible under this section at the time in respect of the child; and

(d)

a determination is not in force under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 that an individual is conditionally eligible for child care benefit by instalment to the service in respect of the child.

Section subject to Subdivision E

(2)

This section is subject to Subdivision E (which deals with limits on eligibility).