PART 3A
-
PAYMENT OF CHILD CARE SUBSIDY AND ADDITIONAL CHILD CARE SUBSIDY
History
Pt 3A inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. No 22 of 2017, s 3 and Sch 4 contain the following application, saving and transitional provisions:
Schedule 4
-
Application, saving and transitional provisions
Part 1
-
Introduction
1 Definitions
1
In this Schedule:
Administration Act
means the
A New Tax System (Family Assistance) (Administration) Act 1999
.
Assistance Act
means the
A New Tax System (Family Assistance) Act 1999
.
commencement day
means 2 July 2018.
Note:
Schedule 1 commences on 2 July 2018.
pre-commencement period
means the period commencing on 1 January 2018 and ending on 1 July 2018.
Part 2
-
Child care subsidy and additional child care subsidy
2 Commencement of child care subsidy and additional child care subsidy
2
A person can only be eligible for child care subsidy or additional child care subsidy for a session of care provided on or after the commencement day.
3 Deemed claims for CCS
3
An individual is taken to have made a claim in respect of a child for CCS, in accordance with Division
2
of Part
3A
of the Administration Act, if, immediately before the commencement day:
(a)
a determination is in effect under section
50F
of the Administration Act, that the individual is conditionally eligible under section
42
of the Assistance Act in respect of the child; or
(b)
the individual has made an effective claim for child care benefit on which the Secretary has not yet made a determination.
4 Pre-commencement claims etc. for CCS
(1)
The following things may be done during the pre-commencement period, for the purposes of ensuring that amounts of CCS and ACCS, and amounts under section
67EB
of the Administration Act, can be paid promptly for weeks commencing on and after the commencement day:
(a)
individuals may make claims for CCS, as if the amendments made by Schedule 1 were in force;
(b)
the Secretary may exercise powers and perform functions under Part
4A
of the Assistance Act and Part
3A
of the Administration Act as inserted by Schedule 1, and under Part
6
of the Administration Act as amended by Schedule 1, as if the amendments made by Schedule 1 were in force.
(2)
Subitem (1) does not limit the operation of section
4
of the
Acts Interpretation Act 1901
.
(3)
To avoid doubt, subitem (1) is subject to item 2.
…
6 Requirement for enrolments to be in writing
6
References in the Assistance Act and the Administration Act to a complying written arrangement include references to an arrangement:
(a)
in force immediately before the commencement day; and
(b)
under which a child was enrolled for care by an approved child care service within the meaning of the Administration Act as in force immediately before the commencement day.
Part 3
-
Child care benefit and child care rebate
7 End of child care benefit and child care rebate
7
No person can be eligible for child care benefit or child care rebate for care, or a session of care, provided on or after the commencement day.
8 Saving of law in relation to child care benefit and child care rebate
(1)
The following Acts and instruments continue in force, on and after the commencement day, in relation to child care benefit or child care rebate for which a person was eligible before the commencement day, subject to any modifications prescribed by rules made under item 12 (together these are the
continued law
):
(a)
the Assistance Act, as in force immediately before the commencement day;
(b)
the Administration Act, as in force immediately before the commencement day;
(c)
an instrument (whether legislative or administrative) in force for the purposes of the Assistance Act or the Administration Act immediately before the commencement day;
(d)
any other Act amended by this Act, as in force immediately before the commencement day.
(2)
Without limitation, subitem (1) has the following effects:
(a)
a person may make a claim for child care benefit or child care rebate on or after the commencement day, in relation to a session of care provided before the commencement day;
(b)
the Secretary must make determinations on and after the commencement day of eligibility for, and entitlement to be paid, child care benefit or child care rebate in respect of sessions of care provided before the commencement day;
(c)
payments must be made on and after the commencement day of, or in relation to, child care benefit and child care rebate for which a person was eligible before the commencement day;
(d)
the person continues to be liable for any debt to the Commonwealth incurred before the commencement day;
(e)
the person may incur a debt to the Commonwealth after the commencement day in relation to payments made to the person before, on or after the commencement day;
(f)
any such debts may be recovered on or after the commencement day in accordance with the continued law;
(g)
decisions in relation to child care benefit and child care rebate that are reviewable may be reviewed on and after the commencement day in accordance with the continued law.
(3)
Subitem (1) does not apply to the extent of any inconsistency with another provision of this Schedule.
(4)
Subitem (1) does not limit the operation of section
7
of the
Acts Interpretation Act 1901
in relation to the repeals made by Schedule 1 to this Act.
Part 4
-
Providers of child care services
9 Deemed approval of operators of existing approved child care services
(1)
If, immediately before the commencement day, a person is the operator of an approved child care service within the meaning of the Administration Act as then in force, then, on and after the commencement day:
(a)
the person is taken to be:
(i)
an approved provider within the meaning of the Administration Act; and
(ii)
approved in respect of the service; and
(b)
the service is taken to be a service of a type determined by the Secretary under subitem (2).
(2)
For paragraph (1)(b), the Secretary may, by instrument, determine an approved child care service within the meaning of the Administration Act as in force immediately before the commencement day to be a service of one of the following types, as described in the table in subclause
2(3)
of Schedule
2
to the Assistance Act (CCS hourly rate cap):
(a)
a centre-based day care service;
(b)
a family day care service;
(c)
an outside school hours care service;
(d)
a type of service prescribed by the Minister
'
s rules for the purposes of item 4 of that table.
(3)
An instrument made under subitem (2):
(a)
is not a legislative instrument if it is expressed to apply in relation to a particular approved child care service; and
(b)
is a legislative instrument if it is expressed to apply in relation to a class of approved child care services.
(4)
If, immediately before the commencement day, the approval of a child care service is suspended under Part
8
of the Administration Act, then, on and from the commencement day:
(a)
the approval of the operator of the service under subitem (1) is taken to be suspended in respect of the service; and
(b)
the Secretary may deal with the operator in respect of the service in accordance with the Administration Act as amended by this Act.
10 Saving of law in relation to approved providers
(1)
The following Acts and instruments continue in force, on and after the commencement day, subject to any modifications prescribed by rules made under item 12 (together these are the
continued law
), in relation to things done, or matters arising, before the commencement day in relation to a person mentioned in subitem 9(1):
(a)
the Assistance Act, as in force immediately before the commencement day;
(b)
the Administration Act, as in force immediately before the commencement day;
(c)
an instrument (whether legislative or administrative) in force for the purposes of the Assistance Act or the Administration Act immediately before the commencement day;
(d)
any other Act amended by this Act, as in force immediately before the commencement day.
(2)
Without limitation, subitem (1) has the following effects:
(a)
the person must continue to comply with the continued law in relation to care provided before the commencement day;
(b)
the person continues to be liable for any debt to the Commonwealth incurred before the commencement day;
(c)
the person may incur a debt to the Commonwealth after the commencement day in relation to payments made to the person before, on or after the commencement day;
(d)
any such debts may be recovered on or after the commencement day in accordance with the continued law;
(e)
decisions in relation to the person that are reviewable may be reviewed on and after the commencement day in accordance with the continued law.
Part 5
-
Miscellaneous
11 Delegations
11
The amendment of subsection
221(1)
of the Administration Act by this Act does not affect a delegation in effect for the purposes of that subsection immediately before the commencement day.
12 Transitional rules
(1)
The Minister may make rules prescribing matters:
(a)
required or permitted by this Act to be prescribed by the rules; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
In particular, rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a)
the amendments or repeals made by any Schedule to this Act; or
(b)
the enactment of this Act.
(3)
Rules made within 2 years after the commencement day may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the rules.
(4)
Subsection
12(2)
of the
Legislation Act 2003
does not apply in relation to a provision of the rules if:
(a)
the rules are registered within 2 years after the commencement day; and
(b)
the provision is taken to commence before the day the rules are registered, but on or after the commencement day.
(5)
However, if:
(a)
rules are registered to which paragraph (4)(a) and (b) applies; and
(b)
a person engaged in conduct before the day the rules were registered; and
(c)
but for any retrospective effect of the rules, the conduct would not have contravened a provision of this Act, or another Act or instrument;
then a court must not convict the person of an offence, or impose a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act or another Act or instrument.
(6)
This Schedule does not limit the rules that may be made under this item.
Division 3
-
Determinations
History
Div 3 inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
Subdivision B
-
Determinations for individuals claiming CCS by fee reduction
History
Subdiv B inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
SECTION 67CC
Determination of individual
'
s eligibility for CCS by fee reduction
Determination on effective claim
67CC(1)
If an individual makes an effective claim in respect of a child for CCS by fee reduction, the Secretary must determine:
(a)
if, when making the determination, the Secretary is satisfied that the requirements in subparagraphs
85BA(1)(a)(i)
to
(iv)
of the Family Assistance Act are met in relation to the claim
-
that the individual is eligible for CCS by fee reduction for the child; and
(b)
if not so satisfied
-
that the individual is not eligible for CCS by fee reduction for the child.
Cessation of eligibility
67CC(2)
The Secretary may determine that an individual for whom a determination under paragraph
(1)(a)
is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if any of the following apply:
(a)
the Secretary is satisfied that the individual has ceased to be eligible, and is not reasonably likely to become eligible again, for CCS by fee reduction for sessions of care provided to the child;
(b)
the Secretary has made determinations under subsection
67CD(8)
in relation to the individual (otherwise than because of subsection
105E(2)
) for:
(i)
unless subparagraph
(ii)
applies
-
at least 52 consecutive weeks; or
(ii)
if the Minister
'
s rules prescribe a different number of consecutive weeks for the purposes of this subparagraph
-
at least that number of consecutive weeks;
(c)
the child ceased to meet the immunisation requirements in section
6
of the Family Assistance Act more than 63 days ago;
(d)
a report under section
204B
for a week, indicating that a session of care in relation to which the individual is the claimant has been provided to the child in the week, has not been given to the Secretary in relation to:
(i)
unless subparagraph
(ii)
applies
-
at least 26 consecutive weeks; or
(ii)
if the Minister
'
s rules prescribe a different number of consecutive weeks for the purposes of this subparagraph
-
at least that number of consecutive weeks;
(e)
the Secretary is satisfied that the individual:
(i)
does not intend that the child be enrolled for care by a child care service; or
(ii)
does not intend that the child attend any sessions of care provided by a child care service.
History
S 67CC(2) amended by No 66 of 2022, s 3 and Sch 1 item 23, by inserting
"
in relation to which the individual is the claimant
"
in para (d), effective 30 November 2022 and applicable in relation to a week for which a report described in that paragraph has not been given to the Secretary, whether the week started before, on or after 30 November 2022.
S 67CC(2) amended by No 86 of 2021, s 3 and Sch 2 items 10 and 11, by substituting para (b) and inserting para (d) and (e), effective 7 March 2022. No 86 of 2021, s 3 and Sch 2 item 12 contain the following application provisions:
12 Application provisions
(1)
The repeal and substitution of paragraph
67CC(2)(b)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
made by this Part applies in relation to determinations under subsection
67CC(2)
of that Act made on or after the commencement of this item that relate to:
(a)
determinations under paragraph
67CC(1)(a)
of that Act made before, on or after the commencement of this item; and
(b)
determinations under subsection
67CD(8)
of that Act made before, on or after the commencement of this item.
(2)
Paragraph
67CC(2)(d)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
, as added by this Part, applies in relation to determinations under subsection
67CC(2)
of that Act made on or after the commencement of this item that relate to:
(a)
determinations under paragraph
67CC(1)(a)
of that Act made before, on or after the commencement of this item; and
(b)
a period under subparagraph
67CC(2)(d)(i)
or (ii) of that Act (as added by this Part) that starts before, on or after the commencement of this item.
(3)
Paragraph
67CC(2)(e)
of the
A New Tax System (Family Assistance) (Administration) Act 1999
, as added by this Part, applies in relation to determinations under subsection
67CC(2)
of that Act made on or after the commencement of this item that relate to determinations under paragraph
67CC(1)(a)
of that Act made before, on or after the commencement of this item.
Para (b) formerly read:
(b)
the Secretary has made determinations under subsection 67CD(8) (the individual is not entitled to be paid CCS or ACCS for sessions of care provided to the child) for at least 52 consecutive weeks (otherwise than because of subsection 105E(2));
Cessation of eligibility on request
67CC(3)
The Secretary may determine that an individual for whom a determination under paragraph
(1)(a)
is in effect in relation to a child is not eligible for CCS by fee reduction for the child, if the individual requests the Secretary, in a form and manner approved by the Secretary, to do so. The Secretary may make the determination despite the individual being eligible.
Date of effect
67CC(4)
A determination made under paragraph
(1)(a)
:
(a)
takes effect on the day specified in the determination, which must be the first day for which the Secretary is satisfied that the requirements in subparagraphs
85BA(1)(a)(i)
to
(iv)
of the Family Assistance Act are met that is also:
(i)
the first Monday of a CCS fortnight; and
(ii)
not more than 28 days before the day the claim was made; and
(b)
continues in effect until any of the following happens:
(i)
it is superseded by a determination made under subsection
(2)
or
(3)
;
(ii)
it is set aside on review;
(iii)
a day or event (if any) specified in the determination as the day or event on which the determination ceases to have effect;
(iv)
the individual dies.
67CC(5)
A determination made under paragraph
(1)(b)
has effect from the day the determination is made.
67CC(6)
A determination made under subsection
(2)
or
(3)
has effect from the day specified in the determination (which may be earlier than the day the determination is made).
History
S 67CC inserted by No 22 of 2017, s 3 and Sch 1 item 92, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
View history note
Hide history note