A New Tax System (Family Assistance) Act 1999

PART 4A - CHILD CARE SUBSIDY  

Division 3 - Eligibility for additional child care subsidy  

Subdivision C - Eligibility for ACCS (grandparent)  

SECTION 85CJ   Eligibility for ACCS (grandparent)  

85CJ(1)  
An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:


(a) the individual is eligible for CCS for the session of care; and


(b) the individual, or the individual ' s partner, is the grandparent or great-grandparent of the child; and


(c) at the start of the CCS fortnight in which the session of care is provided, the individual or the individual ' s partner is the principal carer of the child within the meaning of subsection (2); and


(d) at the start of the CCS fortnight in which the session of care is provided, the individual, or the individual ' s partner, is receiving:


(i) a social security pension; or

(ii) a social security benefit; or

(iii) a service pension; or

(iv) an income support supplement under Part IIIA of the Veterans ' Entitlements Act 1986 ; or

(v) a veteran payment; or

(vi) a payment prescribed by the Minister ' s rules; and


(e) Division 5 does not prevent the individual being eligible for ACCS (grandparent) for the session.

85CJ(2)  
For the purposes of paragraph (1)(c), the individual or the individual ' s partner is the principal carer of the child if the individual or partner:


(a) provides all or at least 65% of ongoing daily care for the child; and


(b) has substantial autonomy for the day-to-day decisions about the child ' s care, welfare and development.

85CJ(3)  
In determining, for the purposes of this section, whether an individual is a grandparent or great-grandparent of another person, treat the following relationships as if they were biological child-parent relationships:


(a) the relationship between an adopted child and his or her adoptive parent;


(b) the relationship between a step-child and his or her step-parent;


(c) the relationship between a relationship child and his or her relationship parent.

85CJ(4)  
In this section:

adoptive parent
, of a person (the child ), means the person who adopted the child under a law of any place (whether in Australia or not) relating to the adoption of children.

step-parent
, of a person (the child ), means the person who:


(a) is the current or former partner of the biological parent, adoptive parent or relationship parent of the child; and


(b) is not the biological parent, adoptive parent or relationship parent of the child.




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