Commonwealth Numbered Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) ACT 1999 - SECT 71

Rate of child care benefit in special circumstances
(1)
If:

(a)
an individual is eligible for child care benefit for care provided to a child by an approved child care service; and

(b)
the service is satisfied that:

(i)
the child is at risk of serious abuse or neglect; or
(ii)
the individual is experiencing hardship of a kind specified in a determination in force under subsection 48(1);
the service may certify in writing that the hourly rate of child care benefit for sessions of care it provides to the child while the certificate is in force is to be higher than the rate that would otherwise apply. The certificate must specify the higher rate and the period for which that rate applies.

(2)
If an approved child care service providing care to a child is eligible for child care benefit for care provided to the child, the service must certify in writing the hourly rate of child care benefit for the sessions of care it provides to the child while the certificate is in force. The certificate must specify the period for which that rate applies.

(3)
The period specified in a certificate under subsection (1) or (2):

(a)
must be a number of complete weeks; and

(b)
may start before or after the certificate is given; and

(c)
must not be such that the total of that period, and the period specified in each other certificate (if any) given by the service under this section in relation to the child and the same calendar year, exceeds 13 weeks.

(4)
If:

(a)
an approved child care service gives a certificate under subsection (1) or (2); and

(b)
the total of the period specified in the certificate, and the period specified in each other certificate (if any) by the service under subsection
(1)
or (2) in relation to the child and the same calendar year, equals 13 weeks; and

(c)
either:

(i)
the service is eligible for child care benefit for care provided for the child; or
(ii)
the Secretary is satisfied that the child is at risk of serious abuse or neglect; or
(iii)
the Secretary is satisfied that an individual who is eligible for child care benefit for the care provided to the child is experiencing hardship of a kind specified in a determination in force under subsection 48(1);
the Secretary may determine that the hourly rate of child care benefit for sessions of care the service provides to the child while the determination is in force is to be higher than the rate that would otherwise apply. The determination must specify the higher rate and the period for which that rate applies.

(5)
The period specified in the determination:

(a)
must be a number of complete weeks; and

(b)
may start before or after the determination is made.

(6)
If a certificate is given under subsection (1) or (2), or a determination is made under subsection (4), the hourly rate of child care benefit for sessions of care provided by the approved child care service to the child during the period for which the certificate or determination applies is the rate specified in the certificate or determination. Section 72 imposes a limit on the amount of child care benefit that may be paid for care provided to a child in a week.

(7)
A certificate under subsection (1) or (2), or a determination under subsection (4), is to be made in accordance with rules in force under subsection (8).

(8)
The Minister may, by determination, make rules relating to the giving of certificates under subsection (1) or (2) and the making of determinations under subsection (4).

(9)
A determination under subsection (8) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .


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