FAAct s45. When an individual is eligible for child care benefit for a past period for care provided by a registered carer

FAAct Contents Title Page Part 1 - Preliminary Part 2 - Interpretation Part 3 - Eligibility for family assistance Part 4 - Rate of family assistance Part 5 - One-off payment to families Schedules NOTES Table of Amendments Table A Section Index Definition Index

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45. When an individual is eligible for child care benefit for a past period for care provided by a registered carer

45.(1) An individual is eligible for child care benefit for a past period for care provided (see section 12) by a registered carer to a child if:

(a): the child is an FTB child of the individual, or the individual's partner, during the period; and

(b): the care is provided in Australia; and

(c): the child is not an FTB child of the registered carer, or the partner of the carer; and

(d): the individual, or the individual's partner, is liable to pay for the care and the care has been paid for; and

(e): 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

(f): 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:

(i): is an Australian resident; or

(ia): is a special category visa holder residing in Australia; or

(ii): satisfies subsection (1A); or

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

(g): 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

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

(i): the care starts on or after the commencement of this Act.

History

S.45(1) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

S.45(1)(f)(ii) repealed and substituted by Act No. 94, 2000, by s.3, Schedule 8(7);

S.45(1)(f)(ia) inserted by Act No. 18, 2001, by s.3, Schedule 2, Part 1(12);

45.(1A) When individual satisfies this subsection

45.(1A) An individual satisfies this subsection if the individual is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, and either of the following applies:

(a): the individual is in Australia; or

(b): the individual:

(i): is temporarily absent from Australia for a period not exceeding 13 weeks; and

(ii): the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

History

S.45(1A) inserted by Act No. 94, 2000, by s.3, Schedule 8(8);

S.45(1A)(b)(i) amended by Act No. 122, 2003, by s.3, Schedule 6(3);

45.(2) Requirement relating to immunisation referred to in paragraph (1)(g)

45.(2) For the purposes of paragraph (1)(g), the requirement relating to immunisation is that, if:

(a): the child is under 7 and is born on or after 1 January 1996; and

(b): 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;

the child must meet the immunisation requirements set out in section 6.

History

S.45(2)(a) amended by Act No. 83 of 1999, by s.3, Schedule 2(18);

S.45(2) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

45.(3) Secretary may determine that child is an FTB child

45.(3) The Secretary may determine that a child who is not an FTB child of an individual during the period of care is taken to be an FTB child of the individual during that period for the purposes of paragraph (1)(a).

History

S.45(3) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

45.(4) Section subject to sections 48 and 49

45.(4) This section is subject to sections 48 and 49 (which deal with limits on eligibility).

History

S.45(4) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

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