Commonwealth Numbered Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 52

When eligibility for child care benefit for care provided by an approved child care service is limited to 20 hours per week
(1)
This section applies if:

(a)
either:

(i)
an individual would otherwise be eligible under Subdivision A for child care benefit by instalment to an approved child care service or under Subdivision B for child care benefit; or
(ii)
an approved child care service would otherwise be eligible under Subdivision C for child care benefit, or for child care benefit by instalment;
for one or more sessions of care provided to a child in a week beginning on any Monday; and

(b)
the total length of the one or more sessions exceeds 20 hours.

20 hour limit for week

(2)
Subject to this section, the individual or approved child care service is only eligible for those sessions or parts of sessions for which the Secretary determines the individual or approved child care service to be eligible, such that the total number of hours in those sessions or parts is 20.

Exception—work/training/study test satisfied

(3)
This section does not apply if the responsible person (see subsection (7)) and that person's partner (if any) satisfy the work/training/study test at some time in the week.

Exception—carer allowance payable

(4)
This section does not apply if carer allowance under section 953 of the Social Security Act 1991 is payable to the responsible person or that person's partner (if any) for some or all of the week:

(a)
in respect of an FTB child of the responsible person or that person's partner; and

(b)
pursuant to a claim under that Act that was determined before the week.

Exception—disabled person

(5)
This section does not apply if, at some time in the week, both:

(a)
the child is an FTB child of the responsible person and that person is a disabled person (see subsection 53(1)); and

(b)
the responsible person's partner (if any) is also a disabled person.

Exception—determination in force under section 53

(6)
This section does not apply if a determination is in force under section 53 (other than subsection 53(1)) during the week in relation to the service, the child or the service and the child, as the case requires.

Responsible person

(7)
In this section:

"responsible person" means:

(a)
if subparagraph (1)(a)(i) applies—the individual mentioned in that subparagraph; or

(b)
if subparagraph (1)(a)(ii) applies—the person in whose care the child mentioned in paragraph (1)(a) last was before the first session of care in the week.



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