A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 2 - Amounts of child care subsidy and additional child care subsidy  

Part 5 - Activity test  

Division 2 - Provider ' s deemed activity test result  

16   Provider ' s deemed activity test result  

(1)  
For the purposes of working out an amount of ACCS (child wellbeing) under Part 4 of this Schedule for sessions of care provided to a child by an approved child care service, the provider ' s deemed activity test result , for the child and the service, for a CCS fortnight, is the highest of the following:

(a)  100;

(b)  if a circumstance prescribed by the Minister ' s rules exists in relation to the child, the provider or the service and paragraph (c) does not apply - the result prescribed by, or worked out by a method prescribed by, the Minister ' s rules;

(c)  if the Secretary is satisfied that exceptional circumstances exist in relation to the child, the provider or the service and makes a written determination to that effect that applies to the session - the result specified in the determination.

(2)  
Minister ' s rules made for the purposes of paragraph (1)(b) may prescribe circumstances in relation to any or all of the following:

(a)  children;

(b)  approved providers;

(c)  approved child care services.

(3)  
A determination made under paragraph (1)(c) is not a legislative instrument.




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