FAAct s42. When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service

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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42. When an individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service

42.(1) An individual is conditionally eligible for child care benefit by fee reduction for care provided by an approved child care service to a child if:

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

(b): 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

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

(i): the child meets the immunisation requirements set out in section 6; or

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

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

History

S.42(1) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

S.42(1)(b)(ii) repealed and substituted by Act No. 94, 2000, by s.3, Schedule 8(3);

S.42(1)(b)(ia) inserted by Act No. 18, 2001, by s.3, Schedule 2, Part 1(10);

42.(1A) When individual satisfies this subsection

42.(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.42(1A) inserted by Act No. 94, 2000, by s.3, Schedule 8(4);

S.42(1A)(b)(i) amended by Act No. 122, 2003, by s.3, Schedule 6(3);

42.(2) Secretary may determine that child is an FTB child

42.(2) The Secretary may determine that a child who is not an FTB child of an individual at a particular time is taken to be an FTB child of the individual at that time for the purposes of paragraph (1)(a).

History

S.42(2) repealed and substituted by Act No. 83 of 1999, by s.3, Schedule 2(16);

S.42(2) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

42.(3) In subparagraph (1)(c)(ii), the reference to a pre‑notice period is a reference to the period of time that ends on the day before a 63 day notice period begins to operate in respect of the individual and the child.

History

S.42(3)(b) repealed and substituted by Act No. 83 of 1999, by s.3, Schedule 2(17);

S.42(3) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

42.(4) Section subject to Subdivision F

42.(4) This section is subject to Subdivision F (which deals with limits on eligibility).

History

S.42(4) repealed and substituted by Act No. 45 of 2000, by s.3, Schedule 1, Part 2(54);

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