the individual:

is an Australian resident; or

(ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; and

(a) the Secretary is satisfied there has been, or will be, a pattern of care for an individual (the child) over a period such that, for the whole, or for parts (including different parts), of the period, the child was, or will be, an FTB child of more than one other individual under subsection (2), (3), (4), (5) or (6); and

(b) one of those other individuals makes, or has made, a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in that period; and

subsection 25(1) does not require that the child be taken not to be an FTB child of that individual for any part of that period;

the amount specified in column 2 of item 2 of the table in clause 30 of Schedule 1 divided by 0.3; and

the amount specified in clause 33 of that Schedule.

(a) the Secretary is satisfied there has been, or will be, a pattern of care for an individual (the child) over a period such that, for the whole, or for parts (including different parts), of the period, the child was, or will be, an FTB child of more than one other individual in accordance with subsection 22(2), (3), (4), (5) or (6); and

(b) one of those other individuals makes, or has made, a claim under Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payment of family tax benefit in respect of the child for some or all of the days in that period; and

the Secretary is satisfied that the child was, or will be, in the care of that last-mentioned individual for less than 10% of that period;

the FTB child is also an FTB child of another individual who is not person A’s partner;

apart from this section, more than one individual is eligible for maternity immunisation allowance under subsection 39(2) or (4) in respect of the same child; and

the Secretary, under subsection 59(1), has determined each individual’s percentage of family tax benefit for the child;

the individual’s claim for family tax benefit is not a claim to which subclause (2) applies; and

(ba) neither the individual nor the individual’s partner is receiving payments of incentive allowance under clause 36 of Schedule 1A to the Social Security Act 1991; and

if the individual is not a relevant shared carer—the rent is payable at a rate of more than:

if the individual is not a member of a couple—$2,485.65 per year; or

if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$3,675.55 per year; or

if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$2,485.65 per year; or

if the individual is a member of a temporarily separated couple—$2,485.65 per year; and

if the individual is a relevant shared carer—the rent is payable at a rate of more than:

if the individual is not a member of a couple—$1,898.00 per year; or

if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$3,087.90 per year; or

if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$1,898.00 per year; or

if the individual is a member of a temporarily separated couple—$1,898.00 per year; and

the claim is for family tax benefit for a past period that occurs in the income year before the one in which the claim is made; and

when the claim is made the individual:

is eligible for family tax benefit; and

(ii) is not prevented by A New Tax System (Family Assistance) (Administration) Act 1999 from making an effective claim for payment of family tax benefit by instalment; andsection 9 of the

the claim is not accompanied by a claim for family tax benefit by instalment.

the rate of rent assistance that would be payable to that individual if that individual were not a relevant shared carer; and

the rate of rent assistance worked out using the following table.

permanently blind; and

receiving:

(i) an age pension (under Social Security Act 1991); orPart 2.2 of the

(ii) a disability support pension (under Social Security Act 1991); orPart 2.3 of the

a service pension; or

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

the individual’s maintenance income excess is nil; and

the individual’s income and maintenance tested rate is the same as the individual’s income tested rate.

(a) an individual (payee) receives maintenance income (other than CMI) from another individual (payer) in an income year under a maintenance liability; and

subsection (4) does not apply;

in the case where the maintenance liability arises after 1 July of the income year in which the maintenance income is received—on the day that the maintenance liability arises; or

(d) in the case where the maintenance liability exists on 1 July of the income year in which the maintenance income is received—1 July.

a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and

the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and

in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b):

the payee and the payer were not members of the same couple; and

the payee was entitled to claim, or apply for, maintenance from the payer;

on the day the payee first received the previously received maintenance income in the income year; or

on such earlier day in respect of the previously received maintenance income that the Secretary determines.

on the day that the payee first received the maintenance income during that period; or

on such earlier day that the Secretary determines.

a payee receives maintenance income (other than CMI) in an income year; and

the maintenance income is not received under a maintenance liability;

unless subclause (8) applies—when the payee ceases to receive the maintenance income (if the payee ceases to receive the income before the end of the income year); or

on 30 June of the income year.

a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and

the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and

in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b):

the payee and the payer were not members of the same couple; and

the payee was entitled to claim, or apply for, maintenance from the payer;

(a) a payee receives maintenance income (other than CMI) in an income year from a payer under a maintenance liability which is an assessment under Part 5 of the Child Support (Assessment) Act 1989; and

the payee and payer become members of the same couple; and

(c) the payee elects under the Child Support (Assessment) Act 1989 to end the assessment from a specified day before the day the payee and payer became members of the same couple;

child support; or

maintenance (other than child support) that arises as a result of:

the order of a court; or

(ii) a maintenance agreement registered in, or approved by, a court under the Family Law Act 1975 or the law of a State or Territory.

(a) if the liability is to provide child support, the day that the liability arises under the Child Support (Assessment) Act 1989; or

if the liability is to provide maintenance that arises as set out in paragraph (10)(b), the day that the order of the court or the maintenance agreement has effect from.

the individual’s provisional Part A rate if that rate is equal to or greater than the rate that would be the individual’s income and maintenance tested rate under step 3 of the method statement in clause 3 if the individual’s Part A rate were to be calculated using Part 2; or

the rate that would the individual’s income and maintenance tested rate as so calculated if it is greater than the individual’s provisional Part A rate.

one or more 24 hour care periods during which 24 hour care is provided to the child, as certified by an approved child care service under subsection 56(3) or (4) or decided by the Secretary under subsection 56(6) or (8); and

all of the hours in the sessions of care provided by an approved child care service to the child in the week, other than those hours that are included in a 24 hour care period.

(a) receiving a disability support pension under Social Security Act 1991; orPart 2.3 of the

(b) receiving an invalidity pension under Veterans’ Entitlements Act 1986; orDivision 4 of Part III of the

participating in an independent living program provided by CRS Australia or such other body determined by the Minister for the purposes of this paragraph; or

diagnosed by a medical practitioner or a psychologist (see subsection 3(3)) as a person who is impaired to a degree that significantly incapacitates him or her; or

included in a class of persons determined by the Minister to be a disabled person for the purposes of this paragraph.

is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and

has qualifications or experience in assessing impairment in adults.

an approved child care service provides care to the child during the whole of the period; or

an approved child care service:

provides care to the child during more than half of the period; and

during the remaining part of the period, when the service is not providing care to the child, has responsibility for the child;

(a) that an individual who is not an Australian resident is to be taken to be an Australian resident for the purposes of Division 4 of Part 3 (eligibility for child care benefit) for a period or indefinitely; and

if the determination is for a period—the period in respect of which the individual is to be taken to be an Australian resident.

relating to the making of determinations under subsection (1); and

in particular, setting time limits applicable to the determining of periods under paragraph (1)(b).

a child is absent from all of a session of care that would otherwise have been provided to the child by an approved child care service (other than an approved occasional care service); and

one of the following applies:

the absence is due to the illness of the child, the individual in whose care the child is, that individual’s partner, or another individual with whom the child lives and a medical certificate covering that illness is obtained from a medical practitioner and given to the service;

the absence is due to the child’s attendance at a pre-school;

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;

the absence occurs in circumstances specified in a determination under subsection 11(1) as permitted circumstances for the purpose of this subparagraph;

the absence occurs on a permitted absence day (see subsection (3));

the day is not a day:

before the day the service has started providing care for the child; or

after the day the service has stopped providing care for the child (otherwise than temporarily);

the child is absent from all of one or more sessions of care that would otherwise have been provided to the child by the approved child care service on the day (even if the child is not absent from some or all of another session or sessions of care provided by the service or another service on the day);

the child’s absence from all of the one or more sessions of care is not covered by subparagraph (2)(b)(i), (ii), (iii) or (iv);

before the day, not more than 29 permitted absence days in relation to the child have elapsed in the same financial year.

a child is absent from all of a session of care that would otherwise have been provided to the child by an approved child care service that is an approved occasional care service; and

the absence occurs in circumstances specified in a determination under subsection 11(1) as permitted circumstances for the purpose of this paragraph;

by fee reduction for care provided by an approved child care service (see section 43, Subdivision A); or

for a past period for care provided by an approved child care service (see section 44, Subdivision B); or

for a past period for care provided by a registered carer (see section 45, Subdivision C); or

by single payment/in substitution because of the death of another individual (see section 46, Subdivision D).

the child is an FTB child of the individual, or the individual’s partner; and

the individual, or the individual’s partner:

is an Australian resident; or

(ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; or

is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and

where the FTB child is under 7 and born on or after 1 January 1996, either:

the child meets the immunisation requirements set out in section 6; or

a pre-notice period is operating in respect of the individual and the child (see subsection (3)); or

a 63 day notice period is operating in respect of the individual and the child (see section 57E of the Family Assistance Administration Act).

when the session of care is provided, a determination is in force under Part 3 of the Family Assistance Administration Act with the effect that the individual is conditionally eligible for child care benefit by fee reduction in respect of the child; and

the care is provided in Australia; and

the individual, or the individual’s partner, has incurred a liability to pay for the session (whether or not the liability has been discharged).

the child is an FTB child of the individual, or the individual’s partner, during the session; and

the care is provided in Australia; and

the individual, or the individual’s partner, has incurred a liability to pay for the session (whether or not the liability has been discharged); and

when a claim by the individual for payment of child care benefit in respect of the session is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual’s partner:

is an Australian resident; or

(ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; or

is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and

when a claim by the individual for payment of child care benefit in respect of the session is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and

the session starts on or after the commencement of this Act.

the child is an FTB child of the individual, or the individual’s partner, during the period; and

the care is provided in Australia; and

the child is not an FTB child of the registered carer, or the partner of the carer; and

the individual, or the individual’s partner, is liable to pay for the care and the care has been paid for; and

the individual, and the individual’s partner, satisfy the work/training/study test at some time during the week in which the care is provided; and

when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the individual, or the individual’s partner:

is an Australian resident; or

(ii) meets the requirements set out in subparagraph 729(2)(f)(ii), (iii), (iv) or (v) of the Social Security Act 1991 and is in Australia; or

is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study; and

when a claim by the individual for payment of child care benefit in respect of the period is determined in accordance with Part 3 of the Family Assistance Administration Act, the requirement relating to immunisation set out in subsection (2) is met in respect of the child; and

the care is not provided as part of the compulsory education program in the State or Territory where the care is provided; and

the care starts on or after the commencement of this Act.

the child is under 7 and is born on or after 1 January 1996; and

the individual has previously made a claim for payment of child care benefit under Part 3 of the Family Assistance Administration Act in respect of a period of care provided by a registered carer to the child;

(a) an individual is eligible for an amount of child care benefit in respect of a child (the subject amount) under section 43, 44 or 45; and

the individual dies; and

(c) before the individual died, the subject amount had not been paid to the individual (whether or not a claim under Part 3 of the Family Assistance Administration Act had been made); and

another individual makes a claim under that Part for payment of child care benefit in respect of the child because of the death of a person, stating that he or she wishes to become eligible for so much of the subject amount as does not relate to any period before the beginning of the income year preceding the income year in which the individual died; and

the Secretary considers that the other individual ought to be eligible for that much of the subject amount;

a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual with the effect that an individual is conditionally eligible for child care benefit by fee reduction in respect of a child; and

the individual dies; and

before the individual died, the individual’s entitlement to be paid child care benefit by fee reduction had not been determined under section 51B of the Family Assistance Administration Act; and

another individual makes a claim under Part 3 of that Act for payment of child care benefit in respect of the child because of the death of an individual, stating that he or she wishes to become eligible for such amount (if any) of child care benefit that the first individual would have been entitled to be paid as does not relate to any period before the beginning of the income year preceding the income year in which the first individual died; and

the Secretary considers that the other individual ought to be eligible for the amount;

at the time the care is provided, the service believes the child is at risk of serious abuse or neglect; and

the care is provided in Australia.

is under the care (however described) of a person under:

a child welfare law of a State or Territory; or

a law of a State or Territory that is taken to be a child welfare law of the State or Territory in a determination under subsection (2); or

(b) is a member of a class specified in a determination under subsection (3).

except for the operation of this section, a person would be eligible for child care benefit for care provided by an approved child care service to a child as mentioned in Subdivision A, B or E; and

at the time a session of care is provided to the child, the service’s approval under section 195 of the Family Assistance Administration Act has been suspended under section 200 of that Act;

(a) an individual or an approved child care service (a fee reduction claimant) being eligible for child care benefit by fee reduction under section 43 or 47 respectively; or

(b) an individual (a past period claimant) being eligible under section 44 for child care benefit for a past period;

section 59F, 62C or 65D of the Family Assistance Administration Act; or

Subdivision U of Division 4 of Part 3 of that Act.

a limit of 20 hours; or

a limit of 50 hours: or

a limit of more than 50 hours; or

a 24 hour care limit (but see section 56 which provides that this limit can only apply if the care is not provided by an approved occasional care service).

a limit of 20 hours; or

a limit of 50 hours.

in the case of a fee reduction claimant—a limit of 50 hours, a limit of more than 50 hours or a 24 hour care limit does not apply in respect of the week; and

in the case of a past period claimant—a limit of 50 hours does not apply in respect of the week.

a fee reduction claimant (see paragraph 52(1)(a)); or

a past period claimant (see paragraph 52(1)(b)).

the person in whose care the child last was before the first session of care in the week is an individual; and

the individual, and the individual’s partner (if any), satisfy the work/training/study test at some time in the week.

in respect of an FTB child of the claimant or that claimant’s partner; and

pursuant to a claim under that Act that was determined before the week.

the person in whose care the child last was before the first session of care in the week is an individual; and

(b) carer allowance for a disabled child (Social Security Act 1991) is payable to the individual or the individual’s partner (if any) for some or all of the week:within the meaning of section 952 of the

in respect of an FTB child of the individual or the individual’s partner; and

pursuant to a claim under that Act that was determined before the week.

the child is an FTB child of the claimant and that claimant is a disabled person (see subsection 3(1)); and

the claimant’s partner (if any) is also a disabled person.

the person in whose care the child last was before the first session of care in the week is an individual; and

during the week, the child is an FTB child of the individual and that individual is a disabled person (see subsection 3(1)); and

during the week, the individual’s partner (if any) is also a disabled person.

the person in whose care the child last was before the first session of care in the week is an individual; and

the Secretary considers that, for a specified period that includes, or is the same as, the week, the child needs or needed more than 20, up to a maximum of 50, hours of care in a week because exceptional circumstances exist or existed in the period in relation to the individual.

in the case where the claimant is an individual—the approved child care service providing care to the child; or

in the case where the claimant is an approved child care service—the service;

either:

in the case where the claimant is an individual—the approved child care service providing care to the child; or

in the case where the claimant is an approved child care service—the service;

the Secretary considers that the child needs or needed more than 20, up to a maximum of 50, hours of care in a week in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and

the week falls within, or is the same as, the period specified by the Secretary.

who is an individual; or

that is an approved outside school hours care service providing care to the child;

the Secretary considers that for a specified period or indefinitely (if no period is specified), the claimant needs or needed care for the child for a particular number of hours in a week more than 50; and

(b) the Secretary considers that the amount of care is needed because the individual, and that individual’s partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period or indefinitely, as the case may be; and

the week falls within, or is the same as, the period or, if no period is specified, the week is one after the start of the indefinite period.

the person in whose care the child last was before the first session of care in the week is an individual; and

the Secretary considers:

that for a specified period the individual needs or needed care for the child for a particular number of hours in a week more than 50; and

that the amount of care is needed because the individual, and that individual’s partner (if any), satisfy the work/disability test (see subsections 57E(1), (2) and (3)) for the particular number of hours during the period; and

the week falls within, or is the same as, the period.

that for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and

the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the claimant.

the person in whose care the child last was before the first session of care in the week is an individual; and

the Secretary considers:

that, for a specified period that includes, or is the same as, the week, the child needs or needed care, for a particular number of hours in a week more than 50; and

that the reason the child needs or needed the care is because exceptional circumstances exist or existed in the period in relation to the individual.

in the case where the claimant is an individual—the approved child care service providing care to the child; or

in the case where the claimant is an approved child care service—the service;

either:

in the case where the claimant is an individual—the approved child care service providing care to the child; or

in the case where the claimant is an approved child care service—the service;

the Secretary considers that the child needs or needed a particular number of hours of care in a week more than 50 in a specified period beginning at any time after those 13 weeks, because the child is or has been at risk of serious abuse or neglect; and

the week falls within, or is the same as, the period specified by the Secretary.

(a) fee reduction claimant does not include an individual if the care the individual is eligible for is provided by an approved occasional care service; and

(b) approved child care service does not include an approved occasional care service.

both the claimant and the claimant’s partner (if any) have work related commitments during those periods; or

exceptional circumstances exist during those periods.

the person in whose care the child last was before the first session of care in the week is an individual; and

the service certifies that the child needs, or needed, 24 hour care in the week for one or more 24 hour care periods specified in the certificate, because neither the individual, nor the individual’s partner (if any), is able to care for the child during those periods for the reason that:

both the individual and that individual’s partner (if any) have work related commitments during those periods; or

exceptional circumstances exist during those periods.

the approved child care service providing care to the child has given a certificate under subsection (3) or (4) such that the total of the 24 hour care periods specified in that certificate and other certificates (if any) given by the service, or any other approved child care service, in respect of the child in the same financial year equals 14; and

the Secretary considers that, at some time after those 14 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because:

in the case where the claimant is an individual—neither the claimant nor the claimant’s partner (if any); or

in the case where the claimant is the approved child care service providing care to the child—neither the individual in whose care the child last was before the first session of care in the week nor the individual’s partner (if any);

the Secretary considers that the reason for that inability is:

because both the individual and the individual’s partner (if any) have work related commitments during those periods; or

because exceptional circumstances exist during those periods.

in respect of the child during a financial year, there have already been certificates given, and decisions of the Secretary made, in which the total of the 24 hour care periods specified is 28; and

the Secretary is satisfied that it is essential in the circumstances that the child receive one or more further periods of 24 hour care during the financial year;

the Secretary considers that, at some time after those 28 24 hour care periods, the child needs or needed 24 hour care for one or more specified 24 hour care periods in the week because:

in the case where the claimant is an individual—neither the claimant nor the claimant’s partner (if any); or

in the case where the claimant is the approved child care service providing care to the child—neither the individual in whose care the child last was before the first session of care in the week nor the individual’s partner (if any);

the Secretary considers that the reason for that inability is:

because both the individual and the individual’s partner (if any) have work related commitments during those periods; or

because exceptional circumstances exist during those periods.

an approved child care service is the sole provider in an area of the kind of care the service provides; and

the service would be likely to close if the Minister were not to make a determination that would be in force for a period of one or more weeks under this subsection in relation to the service;

may be expressed to be subject to conditions, and

must specify the period of one or more weeks; and

is in force during the period specified.

be made in a form and manner; and

contain any information; and

be accompanied by any documents;

the limit of 20 hours; or

the limit of 50 hours; or

the limit of more than 50 hours.

the standard hourly rate set out in item 1 of the table in subclause 4(1) of Schedule 2 applies; and

a part-time % is 100% under subclause 2(2) of Schedule 2.

the giving of certificates by an approved child care service under subsection 54(10), 55(6) or subsection 56(3) or (4); and

the making of decisions by the Secretary under section 54 or 55 or subsection 56(6) or (8); and

the making of the Minister’s determinations under section 57; and

the meaning of terms used in this Subdivision.

a certificate given by an approved child care service under subsection 54(10), 55(6) or subsection 56(3) or (4);

a decision made by the Secretary under section 54 or 55 or subsection 56(6) or (8);

a determination made by the Minister under section 57.

one of the individuals is unable to care for the child because of work related commitments; and

the other individual is a disabled person.

the service gives a certificate under section 76; or

the Secretary makes a determination under subsection 81(2), (3) or (4).

a determination of conditional eligibility is in force in respect of an individual with the effect that the individual is conditionally eligible for child care benefit by fee reduction; or

an approved child care service is eligible under section 47 for child care benefit by fee reduction for care provided by the service to the child.

(a) if an individual is eligible under by fee reduction for sessions of care provided to the child in the week—the amount that the service would have charged the individual, if the individual was not so eligible, for the sessions; orsection 43 for child care benefit

(b) if an individual is eligible under section 44 for child care benefit for a past period for sessions of care provided to the child in the week—the amount charged by the service for the sessions; or

if the service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided in the week—the amount that, if the service had not been so eligible, the service would have charged the individual in whose care the child last was before the first session of care provided to the child in that week for the sessions.

if paragraph (b) or (c) does not apply (no child at risk or individual in hardship)—worked out by the service using Schedule 2 as if:

references in that Schedule to a person being eligible were references to the person being determined to be conditionally eligible under section 50F of the Family Assistance Administration Act; and

references to child care benefit were references to fee reductions; or

if the service gives a certificate under subsection 76(1) in respect of the session—specified by the service in the certificate; or

if the Secretary makes a determination under subsection 81(2) or (3) in respect of the session—specified by the Secretary in the determination.

if paragraph (b) or (c) does not apply (no child at risk or individual in hardship)—worked out using Schedule 2; or

if the service gave a certificate under subsection 76(1) in respect of the session while the individual was conditionally eligible—specified by the service in the certificate in respect of fee reductions; or

if the Secretary made a determination under subsection 81(2) or (3) in respect of the session while the individual was conditionally eligible—specified by the Secretary in the determination in respect of fee reductions.

a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and

the service providing the care to the child is satisfied that:

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 paragraph 82(3)(a);

specify the period for which that rate applies; and

state if the certificate is given under subsection (1) or (2); and

if the certificate is given under subsection (1)—state whether the certificate is given for a reason set out in subparagraph (1)(b)(i) or (ii).

must be a number of complete weeks; and

may start before or after the certificate is given.

subsection 76(1) for a reason set out in subparagraph 76(1)(b)(i) (child at risk); or

subsection 76(2);

the period specified in the certificate; and

(d) the period specified in each other certificate (if any) given by the service under either of the subsections (child at risk or hardship) in relation to the child and the same financial year;

under section 76 by the service (child at risk or hardship); or

under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service;

the service has already, by certificates given under section 76, committed amounts of child care benefit in respect of that child, or in respect of other children, during the same reporting period; and

the total amount of child care benefit so committed by the service in relation to that child and those other children, exceeds the reporting period limit for that reporting period (whether the sessions of care to which the commitment relates occur before, during or after the reporting period).

18% of the total amount of child care benefit payable in relation to all care provided by the service during the reference reporting period (see subsection (3)); or

if the Secretary determines that paragraph (a) is inappropriate to the circumstances of the service—an amount determined by the Secretary in relation to the subject reporting period.

if an individual is conditionally eligible for child care benefit by fee reduction in respect of the child—to fee reductions; and

if the service is eligible for child care benefit by fee reduction in respect of the child—to child care benefit.

an approved child care service has given more than one certificate under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship); and

the Secretary is satisfied that the service has demonstrated, in the prior giving of certificates for that reason, a pattern of decisions that are not in accordance with the Minister’s specifications under paragraph 82(3)(a) or rules under paragraph 82(3)(b);

specify the period for which the determination remains in force; and

be notified to the service.

an individual in respect of whom a determination of conditional eligibility under section 50F of the Family Assistance Act is in force; or

an approved child care service that is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk;

a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and

either:

the total period specified in certificates given by the service under section 76 and certificates given under subsection 76(1) for a reason set out in subparagraph 76(1)(b)(ii) (hardship) by any other approved child care service, in respect of the child in the same financial year equals 13 weeks; or

the service is not able to give a certificate under subsection 76(1) because of the operation of section 79 or 80; and

the Secretary is satisfied that the individual is experiencing hardship of a kind specified in a determination in force under paragraph 82(3)(a); and

the individual applies to the Secretary under subsection (5);

a determination of conditional eligibility under section 50F of the Family Assistance Administration Act is in force in respect of an individual and a child for child care benefit by fee reduction for care provided by an approved child care service to the child; and

the service either:

has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or

is not able to give a certificate under subsection 76(1) because of the operation of section 79; and

the Secretary is satisfied that the child is at risk of serious abuse or neglect; and

the service applies to the Secretary under subsection (5);

(a) an approved child care service is eligible under care benefit by fee reduction for sessions of care provided by the service to a child at risk; andsection 47 for child

the service either:

has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or

is not able to give a certificate under subsection 76(2) because of the operation of section 79; and

the Secretary is satisfied that the child is at risk of serious abuse or neglect; and

the service applies to the Secretary under subsection (5);

be made in the form and manner; and

contain any information; and

be accompanied by any documents;

must be a number of complete weeks; and

may start before or after the determination is made.

the name of the child concerned; and

the rate determined by the Secretary in respect of sessions of care provided by the service to the child; and

that the claimant may apply for review of the determination in the manner set out in Part 5 of the Family Assistance Administration Act.

specify kinds of hardship for the purposes of subparagraph 76(1)(b)(ii) and paragraph 81(2)(c); and

make rules relating to the giving of certificates under section 76 and the making of determinations under subsections 81(2), (3) and (4).

85% if the child is a school child; and

100% if the child is not a school child.

if:

the care is provided by an approved centre based long day care service; and

the child is not a school child; and

the total number of hours in sessions of care that are provided to the child by one or more approved child care services, and for which the family incurs liability to pay, in the week concerned, is less than 34—110%; or

if:

the care is provided by an approved centre based long day care service; and

the child is not a school child; and

the total number of hours in sessions of care that are provided to the child by one or more approved child care services, and for which the family incurs liability to pay, in the week concerned, is 34 or more, but less than 35—108%; or

if:

the care is provided by an approved centre based long day care service; and

the child is not a school child; and

the total number of hours in sessions of care that are provided to the child by one or more approved child care services, and for which the family incurs liability to pay, in the week concerned, is 35 or more, but less than 36—106%; or

if:

the care is provided by an approved centre based long day care service; and

the child is not a school child; and

the total number of hours in sessions of care that are provided to the child by one or more approved child care services, and for which the family incurs liability to pay, in the week concerned, is 36 or more, but less than 37—104%; or

if:

the care is provided by an approved centre based long day care service; and

the child is not a school child; and

the total number of hours in sessions of care that are provided to the child by one or more approved child care services, and for which the family incurs liability to pay, in the week concerned, is 37 or more, but less than 38—102%; or

in any other case—100%.

the individual’s provisional taxable income % if it is equal to or greater than the individual’s minimum taxable income %; or

the individual’s minimum taxable income % if it is greater than the individual’s provisional taxable income %.

unless paragraph (b) applies—half the amount that would, under clause 26 of Schedule 1, be the FTB child rate for an FTB child who had not turned 18 if:

the individual’s Part A rate were required to be worked out using Part 3 of that Schedule; and

clause 27 of that Schedule did not apply in respect of the child; or

if the amount per year that would be the FTB advance rate under paragraph (a) is not a multiple of $3.65—the amount per year that is the next highest multiple of $3.65.

in relation to family tax benefit—has the meaning given in Subdivision A of Division 1 of Part 3; and

in relation to child care benefit—has the meaning given in Subdivision A of Division 1 of Part 3 but:

in applying paragraphs 22(7)(b) and 25(1)(b) to child care benefit, the references in those paragraphs to a claim for payment of family tax benefit are to be read as references to a claim for payment of child care benefit; and

in applying subsections 24(4) and (6) to child care benefit, the references in those subsections to eligibility for family tax benefit are to be read as references to eligibility, or conditional eligibility, for child care benefit; and

in relation to child care benefit—also means a child determined by the Secretary under subsection 42(2), 44(3) or 45(3) to be an FTB child.

(a) an individual is a member of a couple with another individual (partner A) for a period or periods during an income year but not at the end of the income year; and

(b) for any period during the income year while the individual was a member of that couple, the Secretary had determined the individual’s entitlement to family assistance by way of family tax benefit or child care benefit on the basis that a particular amount was the individual’s adjusted taxable income (the current ATI amount); and

(c) that amount differs from the amount of the individual’s adjusted taxable income as finally determined in respect of the income year by the Secretary (the final ATI amount); and

the individual’s entitlement to family assistance of that kind, for the total period, or for the total of the periods, that the individual was a member of that couple, would be less if worked out using the final ATI amount than if worked out using the current ATI amount as determined from time to time; and

if the current ATI amount at any time was based on an estimate provided by the individual and is less than the final ATI amount:

at the time when the estimate was provided—the individual did not know, and had no reason to suspect, that the estimate was incorrect; and

if, after the estimate was provided and before ceasing to be a member of the couple, the individual knew or had reason to suspect that the estimate was incorrect—the individual provided a revised estimate as soon as practicable after knowing or suspecting that the estimate was incorrect;

that the individual and partner A were a couple; and

that a particular current ATI amount applied;

in the case of a claim for family tax benefit by instalment—the bank account requirement set out in section 7A must be satisfied in relation to the claim; and

details of a bank account maintained by the person alone or jointly or in common with someone else into which instalments of family tax benefit are to be paid; or

a statement that the claimant will nominate, and provide details of, such a bank account within 28 days after the claim is made.

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the person of his or her tax file number; and

authorises the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—that number.

has an application for a tax file number pending; and

authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—that number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn.

the claim is for payment of that benefit for a past period; and

a TFN claim person makes a statement of the kind set out in subsection 8(4); or

a TFN substitution person makes a statement of the kind set out in subsection 8A(4);

within 28 days after the claim is made, the Commissioner of Taxation tells the Secretary the person’s tax file number; or

28 days pass after the claim is made without the Commissioner of Taxation telling the Secretary that the person has no tax file number.

a TFN claim person makes a statement of the kind set out in subsection 8(5); or

a TFN substitution person makes a statement of the kind set out in subsection 8A(5);

within 28 days after the claim is made, the Commissioner of Taxation tells the Secretary the person’s tax file number; or

28 days pass after the claim is made without the Commissioner of Taxation telling the Secretary that:

the person has not applied for a tax file number; or

an application by the person for a tax file number has been refused; or

the person has withdrawn an application for a tax file number.

an individual’s rate of family tax benefit is required to be calculated for the purpose of making a determination under this Division; and

information about the amount of maintenance income needed for the calculation of the rate is not available;

a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment; and

the claimant has not nominated a bank account into which instalments of family tax benefit are to be paid;

by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 26(3); and

the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has no tax file number;

by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 26(4); and

the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;

a TFN claim person has made a statement of the kind set out in subsection 8(4); and

a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment or for a past period; and

the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has no tax file number;

a TFN claim person has made a statement of the kind set out in subsection 8(5); and

a determination is in force under which the claimant is entitled to be paid family tax benefit by instalment or for a past period; and

the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;

the claimant is subject to a requirement under section 26A; and

the claimant does not comply with the requirement within 28 days of the requirement being made;

under subsection (3), the Secretary varies the determination; and

the Secretary finds out the bank account details of the claimant concerned before the end of the income year following the one in which the variation took effect;

a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment; and

the claimant gives the Secretary an estimate of the amount of adjusted taxable income needed by the Secretary to calculate the claimant’s rate of family tax benefit; and

the Secretary does not consider the estimate to be reasonable.

under subsection (2), the Secretary varies the determination; and

either:

the claimant provides an estimate of the amount that the Secretary considers reasonable by the end of the income year following the one in which the variation took effect; or

the Secretary finds out the actual amount needed to calculate the claimant’s rate of family tax benefit (whether from the claimant or someone else) by the end of the income year following the one in which the variation took effect;

a determination is in force on a particular day under which the claimant is entitled to be paid family tax benefit by instalment in respect of an individual; and

the individual is either:

an FTB child of the claimant; or

an individual in respect of whom an approved care organisation is the claimant; and

the individual makes a claim for one of the following:

a social security pension;

a social security benefit;

payments under a program included in the programs known as Labour Market Programs;

if the individual is aged 16 or more—payments under a prescribed educational scheme.

this section applies because the individual is an individual in respect of whom the claimant is an approved care organisation; or

this section applies because the individual is the only FTB child of the claimant;

this section applies because the individual is the FTB child of the claimant; and

the individual is not the claimant’s only FTB child;

under subsection (2) or (3), the Secretary varies the determination; and

(b) the individual’s claim for the payment is rejected, withdrawn or taken not to have been made;

a determination is made under section 16 that a claimant is entitled to be paid family tax benefit by instalment; and

after the determination is made an event occurs; and

when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination immediately after the occurrence, he or she would conclude:

that the claimant was no longer eligible for family tax benefit; or

that the claimant was still so eligible but that the rate of family tax benefit should be a different rate to the rate previously determined;

if subparagraph (c)(i) applies—vary the determination so that the claimant is not entitled to be paid family tax benefit with effect from the date of occurrence; and

if subparagraph (c)(ii) applies—vary the determination so as to establish the different rate with effect from the date of occurrence.

that causes the claimant to provide a revised estimate of the claimant’s adjusted taxable income to the Secretary; or

that causes the Secretary to revise an estimate of the claimant’s maintenance income;

the event also affects the claimant’s eligibility for family tax benefit, or the rate of family tax benefit payable to the claimant, for a reason other than the amount of the claimant’s adjusted taxable income or maintenance income; or

the event is the claimant’s becoming, or ceasing to be, a member of a couple.

a determination is in force on a particular day under which a claimant is entitled to be paid family tax benefit by instalment; and

that determination includes a determination of the claimant’s rate of family tax benefit worked out on the basis of an estimate of the claimant’s adjusted taxable income in a particular income year; and

the claimant, at any time before or during that income year, provides the Secretary with a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 31(1B)(c) or (d) applies; and

the Secretary considers the revised estimate to be reasonable; and

if the claimant’s rate of family tax benefit were calculated using the revised estimate—a new rate of family tax benefit would be required;

if it results in an increase in the claimant’s rate of family tax benefit:

unless subparagraph (ii) applies—from the day on which the revised estimate was provided to the Secretary; or

if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i)—from that first day; and

if it results in a decrease (including a decrease to nil) in the claimant’s rate of family tax benefit:

unless subparagraph (ii) or (iii) applies—from the day on which the revised estimate was provided to the Secretary; or

if the first day of the income year to which the revised estimate relates occurs after the day identified in subparagraph (i) and subparagraph (iii) does not apply—from that first day; or

if the day after the end of the last instalment period before the variation takes place occurs after the days identified in subparagraphs (i) and (ii)—from the day first-mentioned in this subparagraph.

when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29 or 30; and

the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;

a determination is in force on a particular day under which a claimant is entitled to be paid family tax benefit by instalment; and

that determination includes a determination of the claimant’s rate of family tax benefit worked out on the basis of an estimate of the claimant’s maintenance income in a particular income year; and

the Secretary, at any time before or during that income year, makes a revised estimate of that amount that is attributable to the occurrence of an event other than an event to which paragraph 31(1B)(c) or (d) applies; and

if the claimant’s rate of family tax benefit were calculated using the revised estimate—a new rate of family tax benefit would be required;

the day after the end of the last instalment period before the variation takes place;

the first day of the income year to which the revised estimate relates.

when the variation under this section takes place, a variation of the determination is in force under section 27, 27A, 28, 28A, 28B, 29 or 30; and

the variation under that section has effect for any period when the variation under this section would have the effect that the claimant is entitled to be paid family tax benefit;

in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by fee reduction in respect of an income year—the amount referred to in section 51B; and

in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service in an income year—the amount referred to in section 52E; and

in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit for a past period for care provided by a registered carer—the amount referred to in section 52F; and

in the case of an individual in respect of whom a determination has been made that the individual is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual—the amount referred to in section 53D; and

in the case of an approved child care service in respect of which a determination has been made that the service is entitled to be paid child care benefit by fee reduction for care provided by the service to a child at risk in respect of a financial year—the amount referred to in section 54B.

if paragraph (b) does not apply—a quarter beginning on any 1 January, 1 April, 1 July or 1 October; or

if the service is covered by a determination made under subsection (5)—the period specified in the determination.

one approved child care service; or

a class of approved child care services.

for payment of child care benefit by fee reduction for care provided by an approved child care service; or

for payment of child care benefit for a past period for care provided by an approved child care service; or

for payment of child care benefit for a past period for care provided by a registered carer; or

for payment of child care benefit by single payment/in substitution because of the death of another individual.

a claim (other than a claim that is taken to be made under subsection 49(2)) must:

be made in a form and manner; and

(ii) subject to subsections (2), (3) and (4), contain any information; and

be accompanied by any documents;

the bank account requirement set out in section 49G must be satisfied in relation to the claim; and

in the case of a claim by an individual for payment of child care benefit for a past period for care provided by an approved child care service—the tax file number requirement in section 49E must be satisfied in relation to the claim; and

in the case of a claim by an individual for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service—the tax file number requirement in section 49F must be satisfied in relation to the claim.

information about any amount needed by the Secretary to calculate the CCB % applicable to the claimant in respect of the child;

information needed to work out the number of children the claimant has in care of a particular kind;

information as to whether the child is a school child;

information required for checking compliance with paragraph 42(1)(c) of the Family Assistance Act (dealing with immunisation);

the following information:

information relating to the claimant’s, and the claimant’s partner’s (if any), tax file number requested under section 57B;

information relating to whether the claimant is opting to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.

information about the amount needed by the Secretary to calculate the CCB % applicable to the claimant in respect of the child;

information needed to work out the number of children the claimant had in care of a particular kind;

information as to whether the child was a school child.

information about any amount needed by the Secretary to calculate the CCB % applicable to the other individual in respect of the child;

information needed to work out the number of children the other individual had in care of a particular kind;

information as to whether the child was a school child.

be made in a form and manner; and

contain any information; and

be accompanied by any documents;

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the person of his or her tax file number; and

authorises the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—that number.

has an application for a tax file number pending; and

authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—that number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn.

the person is, or was, the claimant’s partner; and

the claimant cannot obtain from the person:

the person’s tax file number; or

a statement by the person under subsection (4) or (5).

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the person of his or her tax file number; and

authorises the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—that number.

has an application for a tax file number pending; and

authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—that number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn.

details of a bank account maintained by the claimant alone or jointly or in common with someone else into which are to be paid:

amounts of child care benefit; or

in the case of child care benefit by fee reduction—the amount of the difference referred to in subsection 56(1); or

a statement that the claimant will nominate, and provide details of, such a bank account, within 28 days after the claim is made.

the claimant has previously made a claim for child care benefit by fee reduction in respect of the child; and

either:

a determination of conditional eligibility under section 50F, or of no entitlement under section 50G, has not as yet been made in respect of the previous claim; or

as a result of the previous claim, a determination is in force that the claimant is conditionally eligible for child care benefit by fee reduction in respect of the child.

at the determination time:

the claimant has previously made a claim for child care benefit by fee reduction in respect of the child; and

a determination that the claimant is conditionally eligible for child care benefit by fee reduction is in force in respect of the previous claim; and

that determination has been varied under section 58A, 61A or 62 with the effect that the claimant is not conditionally eligible for any session of care provided to the child after the determination time; and

the determination time is before the end of the income year following the one in which the variation took effect.

the period does not fall wholly within one income year; or

the period does fall wholly within one income year but the claim is made before the end of that income year or after the end of the following income year.

the claimant has previously made a claim for payment of child care benefit for care provided to the child in the past period by an approved child care service; and

the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the claimant was not eligible under section 44 of the Family Assistance Act; and

the reason the claimant was not eligible was because the claimant failed to meet the condition in paragraph 44(1)(a), (d) or (e) of that Act.

(a) at the time the claim would be determined (the determination time):

the claimant had previously made a claim for payment of child care benefit by fee reduction in respect of the child; and

a determination that the claimant is conditionally eligible for child care benefit by fee reduction is in force in respect of the previous claim; and

that determination has been varied under section 58A, 61A or 62 with the effect that the claimant is not conditionally eligible for any session of care provided to the child after the determination time; and

the claim is made before the end of the income year following the one in which the variation mentioned in subparagraph (a)(iii) took effect.

the claimant has previously made a claim for child care benefit for care provided in the past period by a registered carer to the child; and

the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the claimant was not eligible under section 45 of the Family Assistance Act; and

the reason the claimant was not eligible was because the claimant failed to meet the condition in paragraph 45(1)(a), (f) or (g) of that Act.

the claimant has previously made a substitution claim for care provided by an approved child care service to the child because of the death of the other individual; and

the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the other individual was not eligible under section 44 of the Family Assistance Act; and

the reason the other individual was not eligible was because of a failure to meet the condition in paragraph 44(1)(a) or (e) of that Act.

the claimant has previously made a substitution claim for care provided by a registered carer to the child; and

the Secretary has determined that the claimant was not entitled to be paid that child care benefit as the other individual was not eligible under section 45 of the Family Assistance Act; and

the reason the other individual was not eligible was because of a failure to meet the condition in paragraph 45(1)(a) or (g) of that Act.

payment of child care benefit for a past period for care provided by an approved child care service; or

payment of child care benefit for a past period for care provided by a registered carer; or

payment of child care benefit by single payment/in substitution because of the death of another individual;

the claimant gives the Secretary, as requested under section 57B, a statement of the tax file number of each of the TFN claim persons; or

the claimant gives the Secretary a statement of the claimant’s tax file number and the Secretary exempts the claimant’s partner, under subsection 57B(6), from giving a statement in relation to the partner’s tax file number; or

the claimant opts in the claim form to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %;

a determination of the weekly limit of hours applicable to the claimant and the child under section 50H;

a determination of CCB % applicable to the claimant and the child under section 50J;

a determination of the schooling % applicable to the claimant and the child under section 50K.

each of the TFN claim persons makes a statement of the kind set out in subsection 57B(3) or (4); or

one of the TFN claim persons makes a statement of the kind set out in subsection 57B(3) or (4) and the other TFN claim person gives a statement of the person’s tax file number; or

the TFN claim person who is the claimant makes a statement of the kind set out in subsection 57B(3) or (4) and the Secretary exempts the claimant’s partner under subsection 57B(6) from giving a statement in relation to the partner’s tax file number;

after the Commissioner of Taxation tells the Secretary, within 28 days after the claim is made, in respect of each TFN claim person who has made a statement of the kind set out in subsection 57B(3) or (4):

the TFN claim person’s tax file number; or

that the person has not applied for a tax file number; or

that the person does not have a tax file number; or

that the application by the person for a tax file number has been refused; or

that the person has withdrawn an application for tax file number; or

after 28 days after the claim is made have passed, if, within the 28 days, the Commissioner for Taxation does not tell the Secretary any of the things in respect of any TFN claim person referred to in paragraph (d).

neither subsection 50B(1) nor subsection (1) of this section apply in respect of the claim; and

the Secretary makes a request under section 57C; and

within 28 days after the request is made, the claimant complies with the request;

neither subsection 50B(1) nor subsection (1) of this section apply in respect of the claim; and

the Secretary makes a request under section 57C; and

28 days pass after the request is made without the claimant complying with the request;

50 hours, if a circumstance listed in subsection 54(2), (4), (6), (13) or (14) of the Family Assistance Act applies to the claimant; or

20 hours if paragraph (a) does not apply.

if no day is specified in the notice of determination—on the day the determination is made; or

on the day specified in the notice of determination;

a determination of conditional eligibility under section 50F was made in respect of the claim; and

the claim was made while an earlier determination of conditional eligibility was in force with the effect that the claimant was not conditionally eligible as a result of a variation under section 58B (failure to comply with immunisation requirement).

the Secretary makes a determination of conditional eligibility under section 50F in respect of the claimant and the child; and

the Secretary varies the determination of conditional eligibility with the effect that the claimant is not conditionally eligible for any session of care occurring on a day on which the determination was, or will be, in force after the day the variation begins to have effect; and

the claimant makes a later claim for payment of child care benefit by fee reduction;

a determination of conditional eligibility under section 50F is in force in respect of the claimant; and

the claimant informs the Secretary, in the form and manner required by the Secretary, that the claimant wants the determination of conditional eligibility to cease to be in force;

that a determination of conditional eligibility under section 50F is in force in respect of the claimant; and

the date from which the determination came into force; and

the name of the child in respect of whom the claimant is conditionally eligible; and

the weekly limit of hours, CCB % and schooling % applicable to the claimant and the child; and

that the claimant may apply for review of any of the determinations in the manner set out in Part 5.

a determination of no entitlement has been made under section 50G in respect of the claimant; and

the claimant makes a later effective claim for payment of child care benefit by fee reduction, or for a past period, for care provided by an approved child care service;

that the claimant is not entitled to be paid child care benefit by fee reduction in respect of the child; and

that the claimant may apply for review of the determination in the manner set out in Part 5.

at the rate for which; and

in the amount for which;

determinations made under this Act and under the Secretary in respect of the claimant and the child;section 81 of the Family Assistance Act by

certificates given by the service in respect of the claimant and the child that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act;

certificates given by the service setting a rate of child care benefit under subsection 76(1) of the Family Assistance Act in respect of the claimant and the child.

the income year in respect of which the determination is made; and

whether, under the determination, the claimant is entitled to be paid child care benefit by fee reduction for the child for the income year; and

if the claimant is so entitled:

the name of the child in respect of whom the claimant is entitled; and

the amount of the entitlement; and

the total amount of the fee reductions (if any) made by an approved child care service providing care to the child, in respect of sessions of care provided to the child during the income year; and

if the amount of the entitlement is greater than the amount of the fee reductions—the amount of the difference, how it will be paid and to whom it will be paid; and

if the amount of the entitlement is less than the amount of the fee reductions—the amount of the difference, the fact that the amount is a debt, information relating to how, and from whom, the debt will be recovered; and

that the claimant may apply for review of the determination in the manner set out in Part 5.

the person does not have a tax file number; or

the person has not applied for a tax file number; or

an application by the person for a tax file number has been refused; or

the person has withdrawn an application for a tax file number;

the claim is one for payment of child care benefit for a past period for care provided by an approved child care service; and

in the claim, the claimant did not opt to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and

one or more TFN claim persons are required to lodge an income tax return for the income year in which the past period falls; and

(d) at the time the claim is made, an assessment has not been made under the Income Tax Assessment Act 1936 of the tax payable on each of those TFN claim persons’ taxable income for that income year;

the claim is for payment of child care benefit for a past period for care provided by an approved child care service; and

the Secretary is satisfied that the claimant is eligible under section 44 of the Family Assistance Act in respect of the period;

the claim is for payment of child care benefit for a past period for care provided by a registered carer; and

the Secretary is satisfied that the claimant is eligible under section 45 of the Family Assistance Act in respect of the period;

the claim is for payment of child care benefit for a past period for care provided by an approved child care service; and

a determination of no entitlement is made under section 52G in respect of the claimant and the child as the claimant is not eligible under section 44 of the Family Assistance Act because of a failure to meet a requirement in paragraph 44(1)(a), (d) or (e) of that Act; and

the claimant makes a later effective claim for payment of child care benefit for a past period for care provided by an approved child care service to the child;

the claim is for payment of child care benefit for a past period for care provided by a registered carer; and

a determination of no entitlement is made under section 52G in respect of the claimant and the child as the claimant is not eligible under section 45 of the Family Assistance Act because of a failure to meet a requirement in paragraph 45(1)(a), (f) or (g) of that Act; and

the claimant makes a later effective claim for payment of child care benefit for a past period for care provided by a registered carer to the child;

whether the claimant is entitled to be paid child care benefit for a past period in respect of the child under the determination; and

if the claimant is so entitled:

the name of the child in respect of whom the claimant is entitled; and

the period in respect of which the determination is made; and

the amount of the entitlement, how it is to be paid and to whom it will be paid; and

that the claimant may apply for review of the determination in the manner set out in Part 5.

the person does not have a tax file number; or

the person has not applied for a tax file number; or

an application by the person for a tax file number has been refused; or

the person has withdrawn an application for a tax file number;

the claim is for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by an approved child care service to the child; and

(b) a determination of no entitlement is made under of that Act; and section 53E in respect of the claimant because the other individual was not eligible under section 44 of the Family Assistance Act because of a failure to meet a requirement in paragraph 44(1)(a) or (e)

the claimant makes a later effective claim for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by the service to the child;

the claim is for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by a registered carer to the child; and

a determination of no entitlement is made under section 53E in respect of the claimant because the other individual was not eligible under section 45 of the Family Assistance Act because of a failure to meet a requirement in paragraph 45(1)(a) or (g) of that Act; and

the claimant makes a later effective claim for payment of child care benefit by single payment/in substitution because of the death of another individual for care provided by a registered carer to the child;

whether the claimant is entitled to be paid child care benefit by single payment/in substitution because of the death of another individual in respect of the child under the determination; and

if the claimant is so entitled, the amount of the entitlement, how it is to be paid and to whom it will be paid; and

that the claimant may apply for review of the determination under Part 5.

that the claimant is entitled to be paid child care benefit by fee reduction for the sessions at the rate;

certified by the claimant under subsection 76(2) of the Family Assistance Act; or

determined by the Secretary under subsection 81(4) of that Act; and

the amount for which the Secretary considers the claimant eligible.

certificates given by the claimant that relate to a weekly limit of hours under subsection 54(10), 55(6) or 56(4) or a rate under subsection 76(2) of the Family Assistance Act;

determinations made by the Secretary in respect of the claimant.

the name of the child in respect of whom the service is entitled to be paid child care benefit by fee reduction; and

the amount of the entitlement; and

the total amount already received by the claimant in respect of the financial year from one or more payments of an amount of an advance paid to reimburse the claimant the amount of the fee reductions made for care provided by the service to the child; and

if the amount of the entitlement is greater than the total amount—the amount of the difference and how it will be paid; and

if the amount of the entitlement is less than the total amount—the amount of the difference, the fact that the amount is a debt, information relating to how and from whom the debt will be recovered; and

the period or periods in the financial year preceding the one in which the determination under section 54B is made during which the claimant provided the care for which the claimant is eligible; and

that the claimant may apply for review of the determination in the manner set out in Part 5.

a CCB % applicable to a claimant who is an individual is required to be determined under section 50J; and

subparagraph 7(a)(ii) of Part 4 of Schedule 2 to the Family Assistance Act does not apply to the claimant; and

the information about an amount needed by the Secretary for the calculation of the CCB % is not available (for example, because the adjusted taxable income of the claimant or another individual cannot be known until after the end of the relevant income year); and

the claimant gives the Secretary an estimate of the amount needed; and

the Secretary considers the estimate to be reasonable;

an individual’s rate of child care benefit for care provided by an approved child care service is required to be calculated for the purpose of making a determination under Subdivision F; and

the information about an amount needed by the Secretary to calculate the CCB % (CCB % is needed to calculate rate) applicable to the individual is not available; and

the claimant gives the Secretary an estimate of the amount needed; and

the Secretary considers the estimate to be reasonable;

either:

an individual’s CCB % is required to be determined under section 50J; or

the rate of child care benefit is required to be calculated for the purpose of making a determination of entitlement under Subdivision E or F; and

the care in the claim concerned is care provided by an approved child care service; and

either of the following situations arises:

the individual, or if the individual has died, another individual making a claim for child care benefit by single payment/in substitution because of the death of that individual, does not give the Secretary information needed to work out the number of children the individual has, or had, in care of a particular kind;

the claimant opted to have the CCB % calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %;

either:

the Secretary makes a determination of conditional eligibility in respect of a claimant under section 50F in the situation referred to in subparagraph 50D(1)(d)(ii), (iii), (iv) or (v); or

the Secretary makes a determination of conditional eligibility in respect of a claimant under section 50F in the situation referred to in subsection 50D(4); and

the claimant’s CCB % is required to be determined under section 50J;

either:

an individual’s schooling % is required to be determined under section 50K; or

an individual’s rate is required to be calculated for the purpose of making a determination of entitlement under Subdivision E or F for care provided by an approved child care service; and

the individual, or if the individual has died, another individual making a claim for child care benefit by single payment/in substitution because of the death of that individual, does not give the Secretary information about whether the child is a school child;

a claimant who is an individual is entitled to be paid child care benefit by fee reduction for sessions of care provided by an approved child care service during an income year; and

the fees for those sessions were reduced under section 219A; and

the amount of the entitlement is greater than the total amount of the fee reductions (if any) for those sessions;

is entitled to be paid child care benefit for a past period for care provided by:

an approved child care service; or

a registered carer; or

is entitled to be paid child care benefit by single payment/in substitution;

a claimant that is an approved child care service is entitled to be paid child care benefit by fee reduction for sessions of care provided by the claimant to a child at risk during a financial year; and

the amount of the entitlement is greater than the total amount already received by the claimant in respect of the financial year from one or more payments of an advance amount paid to reimburse the service the amount of the fee reductions made for care provided by the service to the child;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual; and

either:

anything happens that causes the claimant to cease to be conditionally eligible; or

the claimant becomes aware that anything is likely to happen that will have that effect;

determinations of conditional eligibility under section 50F and CCB % under section 50J are in force in respect of a claimant who is an individual; and

the CCB % is calculated using Schedule 2 to the Family Assistance Act; and

either:

anything happens that causes a reduction in the CCB %; or

the claimant becomes aware that anything is likely to happen that will have that effect;

determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and

the weekly limit of hours is more than 20 because a circumstance set out in subsection 54(2), (4), (6) or (8) of the Family Assistance Act or subsection 55(2) or (4) of that Act applies to the eligibility of the claimant; and

either:

anything happens that causes a reduction in the weekly limit of hours; or

the claimant becomes aware that anything is likely to happen that will have that effect;

determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and

the weekly limit of hours is a 24 hour care limit with one or more 24 hour care periods; and

either:

anything happens that causes a reduction in the number of 24 hour care periods in the week; or

the claimant becomes aware that anything is likely to happen that will have that effect;

determinations of conditional eligibility under section 50F and schooling % under section 50K are in force in respect of a claimant who is an individual; and

the schooling % is 100%; and

either:

anything happens that causes a reduction in the schooling % to 85%; or

the claimant becomes aware that anything is likely to happen that will have that effect;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child; and

the claimant’s rate of child care benefit for a session of care provided to the child is the rate determined by the Secretary under subsection 81(2) of the Family Assistance Act (hardship); and

either:

anything happens that affects the rate determined; or

the claimant becomes aware that anything is likely to happen that will have that effect;

a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and

a determination of a weekly limit of hours under section 54C in respect of the claimant and the child is in force; and

the weekly limit of hours is more than 20 because a circumstance under subsection 54(3), (5), (7), (9) or (12) or subsection 55(3), (5) or (8) of the Family Assistance Act applies; and

either:

anything happens that causes a reduction in the weekly limit of hours; or

the claimant becomes aware that anything is likely to happen that will have that effect;

a claimant that is an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for care provided by the claimant to a child at risk; and

a rate, determined by the Secretary in respect of the claimant and the child under subsection 81(4) of the Family Assistance Act, is in force; and

either:

anything happens that would have the effect that the rate should not apply; or

the claimant becomes aware that anything is likely to happen that will have that effect;

a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and

a determination of conditional eligibility under section 50F is in force in respect of the claimant and the child; and

the rate applicable to the claimant is as determined by the Secretary under subsection 81(3) of the Family Assistance Act; and

either:

anything happens that would have the effect that the rate should no longer apply; or

the service becomes aware that anything is likely to happen that will have that effect;

a claimant who is an individual has made a claim for child care benefit by fee reduction for care provided by an approved child care service to a child; and

determinations of conditional eligibility under section 50F and a weekly limit of hours under section 50H are in force in respect of the claimant and the child; and

the weekly limit of hours is such because a circumstance set out in subsection 54(12) or 55(8) of the Family Assistance Act (child at risk) applies to the eligibility of the claimant; and

either:

anything happens that would have the effect that the weekly limit of hours should not be as high; or

the service becomes aware that anything is likely to happen that will have that effect;

a determination is in force under section 57 of the Family Assistance Act in respect of an approved child care service that the service is the sole provider in an area; and

either:

anything happens that would have the effect that the service would no longer be the sole provider in that area; or

the service becomes aware that anything is likely to happen that will have that effect;

a determination under section 50F is in force under which a claimant who is an individual is conditionally eligible for child care benefit by fee reduction; or

the claimant has not nominated a bank account into which the amount of the difference referred to in subsection 56(1) is to be paid;

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the person of his or her tax file number; and

authorises the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—that number.

has an application for a tax file number pending; and

authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—that number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn.

the person is, or was, the claimant’s partner; and

the claimant cannot obtain from the person:

the person’s tax file number; or

a statement by the person under subsection (3) or (4).

an individual makes a claim for payment of child care benefit by fee reduction for care provided by an approved child care service; and

the claimant does not opt in the claim to have the CCB % applicable to him or her calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and

the claimant does not give the Secretary in the claim the tax file number of a TFN claim person; and

the TFN claim person does not make a statement of a kind set out in subsection 57B(3) or (4); and

the Secretary has not exempted the TFN claim person under subsection 57B(6) from giving the person’s tax file number or making a statement of a kind referred to in subsection 57B(3) or (4);

a determination under section 50F is in force under which a claimant who is an individual is conditionally eligible for child care benefit by fee reduction; or

a determination under section 52E is in force under which a claimant who is an individual is entitled to be paid child care benefit for a past period for care provided by an approved child care service;

has a tax file number but does not know what it is; and

has asked the Commissioner of Taxation to inform the person of his or her tax file number; and

authorises the Commissioner of Taxation to tell the Secretary:

whether the person has a tax file number; and

if the person has a tax file number—that number.

has an application for a tax file number pending; and

authorises the Commissioner of Taxation to tell the Secretary:

if a tax file number is issued to the person—that number; or

if the application is refused—that the application has been refused; or

if the application is withdrawn—that the application has been withdrawn.

either:

determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; or

a determination of entitlement under section 52E is in force in respect of a claimant who is an individual to be paid child care benefit for a past period for care provided by an approved child care service; and

the Secretary makes a request under subsection 57D(1) (request for tax file number) of the claimant concerned; and

the claimant does not comply with the request within 28 days of the request being made;

the TFN determination person concerned is or was the claimant’s partner; and

the claimant cannot obtain from the person:

the person’s tax file number; or

a statement by the person under subsection 57D(3) or (4).

the Secretary makes a request under subsection 57D(1); and

by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 57D(3); and

the Commissioner of Taxation tells the Secretary that the person has no tax file number;

the Secretary makes a request under subsection 57D(1); and

by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 57D(4); and

the Commissioner of Taxation tells the Secretary that the person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;

the rate used to calculate the amount of child care benefit that the claimant is entitled to be paid under a determination of entitlement is recalculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %; and

the claimant is entitled to be paid that amount.

under subsection (5) or (6), the Secretary varies the determination; and

the Secretary finds out the tax file number of the TFN determination person concerned:

if subsection (5) applies—before the end of the income year following the one in which the variation took effect; or

if subsection (6) applies—at any time after the variation took place;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual; and

the claimant is subject to a request under section 57A (bank account details); and

the claimant does not comply with the request within 28 days of the request being made;

under subsection (3), the Secretary varies the determination; and

the Secretary finds out the bank account details of the claimant concerned before the end of the income year following the one in which the variation took effect;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual and a child; and

the Secretary requires the child to meet the immunisation requirement under section 57E; and

the requirement is not met as provided for in that section;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is not returned in the time specified in the request;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

the name and address of the approved child care service requested in the form is not provided;

a determination of conditional eligibility under section 50F is in force in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible for child care benefit by fee reduction; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

any information requested in the form relevant to the claimant’s conditional eligibility is not provided;

determinations of conditional eligibility under section 50F and of schooling % under section 50K are in force in respect of a claimant who is an individual with the effect, in respect of the latter determination, that the schooling % is 100%; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

any information requested in the form relevant to the schooling % is not provided;

under subsection (1), the Secretary varies the determination; and

before the end of the income year following the one in which the variation took effect the claimant gives the information mentioned in subsection (1) or the Secretary finds out the information;

determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

any information requested in the form relevant to the CCB %:

is not provided; or

if the information is provided, and it is an estimate of an amount needed by the Secretary to calculate the CCB %, the Secretary considers that the estimate is not reasonable;

under subsection (1), the Secretary varies the determination; and

before the end of the income year following the one in which the variation took effect:

if a situation referred to in subparagraph (1)(d)(i) applies—the claimant provides the information mentioned in that subparagraph; or

if a situation referred to in subparagraph (1)(d)(ii) applies—the claimant provides a reasonable estimate of the amount mentioned in that subparagraph; or

the Secretary finds out the actual amount needed to calculate the CCB % (whether from the claimant or someone else);

determinations of conditional eligibility under section 50F and of CCB % under section 50J are in force in respect of a claimant who is an individual; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

the information requested in the form relevant to the CCB % is provided; and

the information provided affects the CCB %;

determinations of conditional eligibility under section 50F and of a weekly limit of hours under section 50H are in force in respect of a claimant who is an individual; and

the Secretary makes a request under section 57F in respect of a data verification form referred to in that section; and

the form is returned within the time specified in the request; and

the information requested in the form relevant to the weekly limit is not provided;

under subsection (1), the Secretary varies the determination; and

before the end of the income year following the one in which the variation took effect:

the claimant provides the information mentioned in paragraph (1)(d); or

the Secretary finds out the information (whether from the claimant or someone else);

a determination of entitlement under section 52E to be paid child care benefit for a past period for care provided by an approved child care service is in force in respect of a claimant who is an individual; and