CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 25 Treatment of absences of child from care

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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 25

Treatment of absences of child from care (1) The ^*absence of a child from part only of a ^*session of care does not prevent the whole session counting as a session of care for the child for the purposes of the application of section 20 to a person, the child and a ^*payment period.

(2) The ^*absence of a child from all of a ^*session of care provided by an ^*occasional care service prevents the session counting as a session of care for the child for the purposes of section 20.

(3) The ^*absence of a child from all of a ^*session of care, other than a session provided by an ^*occasional care service, does not prevent the whole session counting as a session of care for the child for the purposes of the application of section 20 to a person, the child and a ^*payment period if, and only if:

(b) the child's absence is within the limit for other absences that applies to the person, the child and the calendar year in which the absence occurs (see subsection (5)).

(4) The child's ^*absence is covered by this subsection if:

(b) the absence is due to the child's attendance at a pre-school; or

(c) the absence is due to alternative care arrangements being made for the child because the child does not have to be at school on a pupil-free day; or

(d) the absence is due to the person or his or her partner not being at work:

(ii) because of a rostered day off; or

(iii) because he or she is a shift worker who works a rotating shift.

(5) The limit for other ^*absences that applies to the person, the child and a calendar year is 30 days of other absences per calendar year. A day is to be counted towards this limit if the following conditions are satisfied:

(b) the absence is not covered by subsection (4); and

(c) the session of care is taken into account in calculating the rate of child care assistance payable to the person, or to the person's partner, in respect of the child; and

(d) that rate is not a nil rate.

(6) In determining if the conditions set out in subsection 20(2) are satisfied in relation to a ^*session of care from which the child is ^*absent (wholly or partly) as mentioned in subsection (1) or (3):

(b) the liability referred to in paragraph 20(2)(c) must be a liability actually incurred, despite the child's absence.

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