Table A

 

Application, saving or transitional provisions

 

A New Tax System (Family Assistance and Related Measures) Act 2000 (No. 45, 2000)

 

Schedule 5–Transitional and saving provisions associated with the establishment of a scheme for the payment of family tax benefit, maternity allowance and maternity immunisation allowance

 

1                      Definitions

 

1.(1)  In this Schedule, unless the contrary intention appears:

 

approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act.

 

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

 

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

 

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

 

family benefit means payments of:

 

(a)

family allowance; or

(b)

family tax payment; or

(c)

parenting payment in the nature of non‑benefit PP (partnered);

 

payable under the social security law.

 

MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

 

MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.

 

receiving, in relation to family benefit, has the meaning given under subitem (3).

 

Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.

 

social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999.

 

1.(2)  Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act.

 

1.(3)  For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day.

 

2                      Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment

 

2.(1)  If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

 

2.(2)  If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

 

3                      Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment

 

3.(1)  If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.

 

3.(2)  If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).

 

4                      Special rules relating to outstanding TFN requirements

 

4.  If:

 

(a)

an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and

(b)

the individual has not, before that date, provided that tax file number; and

(c)

as at 1 July 2000, less than 28 days have elapsed since the request to provide that number;

 

then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act:

 

(d)

the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and

(e)

the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force.

 

5                      Special rules relating to outstanding bank account requirements

 

5.  If:

 

(a)

an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and

(b)

the individual or organisation has not, before that date, nominated a bank account; and

(c)

as at 1 July 2000, less than 28 days have elapsed since the request to nominate an account;

 

then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act:

 

(d)

the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and

(e)

the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force.

 

6                      The making of determinations

 

6.(1)  On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim.

 

6.(2)  If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers:

 

(a)

the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and

(b)

that information has not been provided;

 

the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force.

 

6.(3)  For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended:

 

(a)

family tax benefit by instalment when that information is so provided; and

(b)

family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made.

 

7                      Directions concerning payments to third parties

 

7.  If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person.

 

8                      Instalment periods

 

8.(1)  If:

 

(a)

an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and

(b)

that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and

(c)

the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day;

 

then:

 

(d)

the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and

(e)

instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.

 

8.(2)  If:

 

(a)

an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non‑benefit PP (partnered) immediately before that date; and

(b)

that individual received, or last received, a payment of that non‑benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and

(c)

the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day;

 

then:

 

(d)

the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non‑benefit PP (partnered); and

(e)

instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.

 

9                      Claims for family benefit that are undetermined as at 1 July 2000

 

9.(1)  If:

 

(a)

before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and

(b)

that claim was not determined before that date; and

(c)

the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;

 

the claim is to be determined under the social security law as in force before 1 July 2000, as if:

 

(d)

the social security law as so in force had continued in force; and

(e)

the claim related only to the period preceding 1 July 2000.

 

9.(2)  If:

 

(a)

before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and

(b)

the claim was not determined by that date; and

(c)

the person does not become qualified for the relevant family benefit before 1 July 2000;

 

the claim is to be taken to have lapsed on that date.

 

9.(3)  If:

 

(a)

before 1 July 2000, a person has lodged a claim for parenting payment; and

(b)

the claim has not been determined before that date; and

(c)

the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;

 

then:

 

(d)

the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and

(e)

if parenting payment would be paid under the law as so in force at the rate applicable for non‑benefit PP (partnered)–the claim is to be determined as if it related only to the period preceding 1 July 2000.

 

9.(4)  If:

 

(a)

before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and

(b)

the claim was not determined by that date; and

(c)

the person does not become qualified for parenting payment before 1 July 2000; and

(d)

if the person were to become qualified for parenting payment on or after that date–it would be parenting payment in the nature of non‑benefit PP (partnered) and not some other form of parenting payment;

 

the claim is to be taken to have lapsed on that date.

 

10                     Certain claims for family benefit will be admitted on or after 1 July 2000

 

10.(1)  In this item:

 

backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed.

 

10.(2)  If:

 

(a)

a person did not make a claim for family benefit before 1 July 2000; and

(b)

but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date;

 

then:

 

(c)

the person may make such a claim on or after 1 July 2000 as if those amendments had not been made; and

(d)

the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000.

 

11                     Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law

 

11.(1)  If:

 

(a)

a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and

(b)

the claim has not been determined as at that date;

 

the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991.

 

11.(2)  If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law.

 

11.(3)  A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act.

 

12                     Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person

 

12.(1)  If:

 

(a)

an amount of family benefit is payable to a person; and

(b)

the person dies before receiving that amount; and

(c)

another person applies, on or after 1 July 2000, to receive the amount; and

(d)

the application is made:

 

(i)

within 26 weeks after the first person's death; or

(ii)

within such further period as is allowed by the Secretary in the special circumstances of the case;

 

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

 

12.(2)  If:

 

(a)

an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and

(b)

the person dies before receiving that amount; and

(c)

another person applies, on or after 1 July 2000, to receive the amount; and

(d)

the application is made:

 

(i)

within 26 weeks after the first person's death; or

(ii)

within such further period as is allowed by the Secretary in the special circumstances of the case;

 

the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

 

12.(3)  If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.

 

12.(4)  If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.

 

12.(5)  For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.

 

13                     Claims for advance payment under Social Security Law

 

13.(1)  If:

 

(a)

an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and

(b)

that request had been granted;

 

the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if:

 

(c)

it were a grant made under section 33 of the Family Assistance Administration Act as amended by this Act; and

(d)

it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6.

 

13.(2)  For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance.

 

14                     Saving provision relating to information collection

 

14.  If:

 

(a)

family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and

(b)

the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance;

 

the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999.

 

15                     Portability

 

15.(1)  If:

 

(a)

immediately before 1 July 2000, an individual

 

(i)

is receiving family benefit in the nature of family allowance in respect of another individual; or

(ii)

is receiving family benefit in the nature of parenting payment because the individual has a PP child; and

 

(b)

the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:

 

(i)

having left Australia, the child has not returned before that date; or

(ii)

having been born outside Australia, the child has not subsequently come to Australia before that date;

 

the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.

 

15.(2)  In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:

 

(a)

any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and

(b)

any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.

 

15.(3)  If:

 

(a)

the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

(b)

an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;

 

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

 

15.(4)  If:

 

(a)

the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and

(b)

the child comes to Australia; and

(c)

the child leaves Australia less than 26 weeks after coming to Australia; and

(d)

an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled;

 

Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended.

 

16                     Lump sum bereavement payments for certain persons receiving non‑benefit PP (partnered) at death of child

 

16.(1)  If:

 

(a)

a child died less than 4 weeks before 1 July 2000; and

(b)

at the time of the child's death, the child was the only PP child of a person; and

(c)

under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death;

 

so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000:

 

(d)

continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and

(e)

is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

 

16.(2)  For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

 

17                     Lump sum bereavement payments for certain persons receiving family tax payment at death of child

 

17.(1)  If:

 

(a)

a child died less than 4 weeks before 1 July 2000; and

(b)

at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and

(c)

under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

 

so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child:

 

(d)

continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and

(e)

is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

 

17.(2)  For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

 

18                     Lump sum bereavement payments for certain persons receiving family allowance at death of child

 

18.(1)  If:

 

(a)

a child died before 1 July 2000; and

(b)

at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and

(c)

under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;

 

so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child:

 

(d)

continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and

(e)

is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.

 

18.(2)  For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.

 

19                     Set‑offs

 

19.(1)  If:

 

(a)

a child dies before 1 July 2000; and

(b)

before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000;

 

the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended.

 

19.(2)  If the person continued to receive non‑benefit PP (partnered) after 30 June 2000 in respect of the deceased child–the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

 

19.(3)  If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child–the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

 

19.(4)  If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child–the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).

 

20                     Bereavement payments in relation to the death of a recipient

 

20.(1)  Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child.

 

20.(2)  For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16.

 

20.(3)  Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child.

 

20.(4)  For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference:

 

(a)

in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and

(b)

in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection;

 

each includes a reference to any lump sum that would have been payable because of the operation of item 18.

 

20.(5)  For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law.

 

21                     Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act

 

21.  If the tax file number of an individual has been provided to the Secretary:

 

(a)

by the individual; or

(b)

by the partner of the individual; or

(c)

by the Commissioner of Taxation on the authority of the individual;

 

under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non‑benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended.

 

22                     Saving provision–Part A rate of family tax benefit for families with children not subject to family allowance income test

 

22.(1)  This item applies to an individual who, immediately before 1 July 2000:

 

(a)

was receiving family allowance under the Social Security Act 1991 in respect of a child; and

(b)

by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act–did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and

(c)

was also receiving either carer allowance or double orphan pension under that Act in respect of that child.

 

22.(2)  If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:

 

(a)

unless paragraph (b) applies–the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or

(b)

if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act–the saved rate.

 

22.(3)  If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.

Schedule 6–Transitional provisions associated with the establishment of a scheme for the payment of child care benefit

 

1                      Definitions

 

In this Schedule, unless the contrary intention appears:

 

approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act.

 

childcare assistance means fee reductions made in respect of care provided before:

 

(a)

1 July 2000; or

(b)

on or after 1 July 2000, as provided for in this Schedule;

 

in compliance with:

 

(c)

the fee relief guidelines; or

(d)

a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as “childcare assistance” or “fee relief”.

 

childcare assistance agreement means an agreement, to which the Commonwealth is a party:

 

(a)

entered into under section 20 of the Child Care Act 1972; or

(b)

any other agreement, not being an agreement entered into under that Act;

 

that is made to provide grants to reimburse the costs of fee reductions.

 

childcare assistance scheme means the Commonwealth program under which childcare assistance is paid.

 

child care rebate means child care rebate payable under the Childcare Rebate Act 1993.

 

data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit.

 

family allowance means family allowance payable under the Social Security Act 1991.

 

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

 

Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

 

family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.

 

fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000.

 

Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.

 

2                      Special rules relating to individual entitled to childcare assistance before 1 July 2000

 

2.(1)  If, before 1 July 2000:

 

(a)

a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and

(b)

the individual has returned a completed data collection form to the Secretary by the date specified in the form;

 

then:

 

(c)

section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and

(d)

the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned.

 

2.(2)  If:

 

(a)

determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and

(b)

the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000;

 

the determinations do not come into force on 1 July 2000.

 

Note:                Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

 

2.(3)  If:

 

(a)

a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and

(b)

the requirement is that the child comply with the immunisation requirement; and

(c)

the child does not meet the requirement by 1 July 2000; and

(d)

immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed;

 

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(e)

section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and

(f)

the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and

(g)

the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force.

 

2.(4)  If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day.

 

3                      Special rules if individual claiming child care rebate and receiving family allowance returns data collection form

 

3.(1)  If:

 

(a)

an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and

(b)

immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and

(c)

the individual returns a completed data collection form to the Secretary by the date specified in the form;

 

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(d)

paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and

(e)

the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned.

 

3.(2)  If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day.

 

4                      Individuals may make a claim for child care benefit by fee reduction before 1 July 2000

 

4.  If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(a)

paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and

(b)

the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force.

 

5                      Minimum CCB % if individual objects to use of tax file number given previously

 

5.(1)  This item applies to an individual referred to in subitems 2(1) and 3(1).

 

5.(2)  If:

 

(a)

the tax file number of an individual to which this item applies has been provided to the Secretary:

 

(i)

by the individual; or

(ii)

by the partner of the individual; or

(iii)

by the Commissioner of Taxation on the authority of the individual;

 

            under:

 

(iv)

a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

(v)

the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and

 

(b)

the individual returns to the Secretary a completed data collection form by the date specified in the form; and

(c)

in that form, the individual objects to the use of the tax file number previously provided to the Secretary;

 

a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.

 

6                      Special rules relating to status of a child

 

6.(1)  If:

 

(a)

immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and

(b)

either:

 

(i)

under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or

(ii)

under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or

(iii)

under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child;

 

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(c)

the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

(d)

the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force.

 

6.(2)  The determination referred to in paragraph (1)(d) is taken to have been made on:

 

(a)

in the case of subparagraph (b)(i)–the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and

(b)

in the case of subparagraph (b)(ii)–the day the effective claim is taken to have been made; and

(c)

in the case of subparagraph (b)(iii)–the day the claim is made.

 

7                      Special rules relating to residence

 

7.(1)  If:

 

(a)

immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and

(b)

either:

 

(i)

under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or

(ii)

under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or

(iii)

under item 4, an individual makes a claim for child care benefit by fee reduction;

 

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(c)

the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and

(d)

the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force.

 

7.(2)  The determination is taken to have been made on:

 

(a)

in the case of subparagraph (b)(i)–the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and

(b)

in the case of subparagraph (b)(ii)–the day the effective claim is taken to have been made; and

(c)

in the case of subparagraph (b)(iii)–the day the claim is made.

 

8                      Special rules relating to tax file numbers provided for another purpose

 

8.  If:

 

(a)

the tax file number of an individual has been provided to the Secretary:

 

(i)

by the individual; or

(ii)

by the partner of the individual; or

(iii)

by the Commissioner of Taxation on the authority of the individual;

 

            under:

 

(iv)

a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or

(v)

the childcare assistance scheme; and

 

(b)

the individual returns to the Secretary a completed data collection form by the date specified in the form; and

(c)

in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary;

 

that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000.

 

9                      Special rules relating to TFN requirements

 

9.(1)  If:

 

(a)

an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and

(b)

the individual has not, before that date, provided that tax file number; and

(c)

immediately before 1 July 2000, less than 28 days have elapsed since the request to provide that number;

 

then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:

 

(d)

the Family Assistance Act as so amended is treated as having been in force when the request was made; and

(e)

the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force.

 

9.(2)  If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act:

 

(a)

that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and

(b)

the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force.

 

10                     Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000

 

10.(1)                Agreement to which this item relates

 

10.(1)  This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000.

 

10.(2)                Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances

 

10.(2)  Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000.

 

10.(3)                Matters in respect of which agreement continues to operate

 

10.(3)  An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date.

 

Note 1:     Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date.

Note 2:     In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

 

10.(4)  An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day.

 

Note 1:     Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000.

Note 2:     In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

 

10.(5)  On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000.

 

Note:        In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.

 

10.(6)  On and after 1 July 2000, an agreement to which this item applies operates for the purposes of other grants (if any) provided for in the agreement.

 

10.(7)                Commonwealth under no obligation to make further grants under agreement

 

10.(7)  The operation of an agreement to which this item applies is limited in that the Commonwealth is under no obligation, on or after 1 July 2000, to make any further grants under the agreement to reimburse the costs of fee reductions.

 

10.(8)                Child Care Act, guidelines etc. to be treated as in force

 

10.(8)  For the purposes of an agreement to which this item applies in so far as it relates to a grant to reimburse the costs of fee reductions, in relation to care provided as mentioned in subitems (3), (4) and (5):

 

(a)

on and after 1 July 2000, the Child Care Act 1972 is treated as being in force as if the amendments made by Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 had not been made; and

(b)

if:

 

(i)

a handbook, guidelines or other document that relates to fee reductions created by a Commonwealth Department with the responsibility for administering the agreement is referred to in the agreement; and

(ii)

the handbook, guidelines or other document operates on 30 June 2000;

 

            the handbook, guidelines or other document is treated as operating on and after 1 July 2000.

 

11                     Childcare assistance agreement services to become approved child care services under section 195 of the Family Assistance Administration Act

 

11.(1)                Long day care services

 

11.(1)  If:

 

(a)

a childcare assistance agreement is in force in respect of a long day care service immediately before 1 July 2000; and

(b)

the service is not, immediately before 1 July 2000, subject to a suspension under paragraph 4E(1)(d) of the Child Care Act 1972;

 

the service is treated as being an approved centre based long day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

 

11.(2)                Family day care services

 

11.(2)  If a childcare assistance agreement is in force in respect of a family day care service immediately before 1 July 2000, the service is treated as being an approved family day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

 

11.(3)                Occasional care services

 

11.(3)  If a childcare assistance agreement is in force in respect of an occasional care service immediately before 1 July 2000, the service is treated as being an approved occasional care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

 

11.(4)                Outside school hours care services

 

11.(4)  If a childcare assistance agreement is in force in respect of an outside school hours care service immediately before 1 July 2000, the service is treated as being an approved outside school hours care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.

 

11.(5)                Requirement of subsection 195(3) of the Family Assistance Administration Act need not be complied with

 

11.(5)  For an approved child care service referred to in subitems (1) to (4) (inclusive), the Secretary does not have to comply with the requirement in subsection 195(3) of the Family Assistance Administration Act as amended by this Act to give a certificate in respect of the service.

 

11.(6)                If long day care services subject to a sanction (other than suspension) on 30 June 2000, sanction carries over to child care benefit scheme

 

11.(6)  If a long day care service is, immediately before 1 July 2000, subject to a sanction, other than suspension, under section 4E of the Child Care Act 1972, the service is treated, on and after 1 July 2000, as being subject to the sanction under section 200 of the Family Assistance Administration Act as amended by this Act .

 

12                     Special condition of continuing approval of approved child care services referred to in item 11

 

12.  If:

 

(a)

a service is treated, under item 11, as an approved child care service; and

(b)

item 10 applies to an agreement in respect of the service;

 

it is a condition for the continued approval of the approved child care service under section 195 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, that the service not contravene an obligation imposed on the service under the agreement in respect of a grant to reimburse the costs of fee reductions, in relation to care mentioned in subitems 10(3), (4) and (5).

 

13                     Debts under childcare assistance agreements to be recoverable under the Family Assistance Administration Act

 

13.(1)  If:

 

(a)

an amount (the debt), whether described as a debt or not, is to be repaid:

 

(i)

under a childcare assistance agreement to which item 10 applies; or

(ii)

under section 20B of the Child Care Act 1972 as in force immediately before 1 July 2000 in respect of an advance on account of a grant to reimburse the costs of fee reductions made for children; and

 

(b)

the debt relates to a grant to reimburse the costs of fee reductions for care mentioned in subitem (10)(3), (4) or (5);

 

the debt, whether it arises before, or on or after, 1 July 2000 is recoverable on or after 1 July 2000 under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.

 

13.(2)  If the debt has been partially recovered under the childcare assistance scheme before 1 July 2000, the balance of the debt may be recovered under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on and after 1 July 2000.

 

14                     Minister may terminate childcare assistance agreements

 

14.(1)  If:

 

(a)

a childcare assistance agreement was in force immediately before 1 July 2000; and

(b)

the agreement relates solely to a grant to reimburse the costs of fee reductions;

 

the Minister may, on or after 1 July 2000, determine, in writing, that the agreement is ended from a date specified in the determination.

 

14.(2)  The determination has effect accordingly.

 

15                     Old sanctions to be taken into account by Secretary when considering applications under section 194 of the Family Assistance Administration Act

 

15.  If:

 

(a)

a person applies under section 194 of the Family Assistance Administration Act as amended by this Act for approval of a child care service as an approved child care service for the purposes of the family assistance law; and

(b)

the person, when operating a child care service under the childcare assistance scheme, was subject to sanctions in respect of the service;

 

the Secretary may refuse to approve the service under subsection 195(2) of that Act as amended by this Act.

 

16                     Special rules relating to claims for childcare assistance

 

16.(1)                Claims for childcare assistance that are undetermined as at 1 July 2000

 

16.(1)  If:

 

(a)

a person lodged a claim for childcare assistance in respect of care provided before 1 July 2000; and

(b)

that claim was not determined before that date;

 

the claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

 

16.(2)                Claims lodged after 1 July 2000

 

16.(2)  Despite the termination of the childcare assistance scheme on 1 July 2000, a person may lodge a claim for childcare assistance before 8 July 2000 if the claim relates to care provided no more than 7 days before the claim is lodged. The claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

 

17                     Special rules relating to sessions of care

 

17.  If a session of care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for childcare assistance in respect of the session is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

 

18                     Special rules relating to vacation care

 

18.  If a period of vacation care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for childcare assistance in respect of this care is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.

 

19                     Special rules relating to registered carers under section 49 of the Childcare Rebate Act

 

19.(1)                Most registered carers to be treated as registered carers under the child care benefits scheme

 

19.(1)  If:

 

(a)

an individual was a registered carer under section 49 of the Childcare Rebate Act 1993 immediately before 1 July 2000; and

(b)

the individual did not do any of the following things immediately before 1 July 2000:

 

(i)

operate a child care service that was the subject of a childcare assistance agreement;

(ii)

operate a child care service that was receiving financial assistance from the Commonwealth in connection with its operational costs, where the provision of that assistance is administered by the Commonwealth Department of Family and Community Services;

(iii)

provide child care under a contract with a family day care service that was the subject of a childcare assistance agreement;

 

the individual is to be treated as being approved as a registered carer under section 210 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, with effect from that date.

 

19.(2)                Applications for registration as a carer under section 49 of the Childcare Rebate Act that are undetermined as at 1 July 2000

 

19.(2)  If:

 

(a)

a person or body lodged an application for registration as a carer under section 49 of the Childcare Rebate Act 1993 before 1 July 2000; and

(b)

that application was not determined before that date;

 

then:

 

(c)

the application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if that Act, as so in force, had continued in force; and

(d)

if the registration (if any) relates to a person who is not an individual, the registration remains in force only in relation to care provided before 1 July 2000, or on or after 1 July 2000 as mentioned in subitems 20(3) and (4); and

(e)

for the purposes of subitem (1), if the registration (if any) relates to a person who is an individual, the individual is to be treated as being a registered carer before 1 July 2000.

 

19.(3)                Applications for registration as a carer under section 49 of the Childcare Rebate Act lodged after 1 July 2000

 

19.(3)  Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person or body may apply, on or after 1 July 2000 and before 1 January 2001, for registration as a carer under section 49 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

 

20                     Special rules relating to claims for child care rebate

 

20.(1)                Claims for child care rebate that are undetermined as at 1 July 2000

 

20.(1)  If:

 

(a)

a person lodged a claim for child care rebate before 1 July 2000; and

(b)

that claim was not determined before that date;

 

the claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

 

20.(2)                Claims for child care rebate made after 1 July 2000 for care provided before 1 July 2000

 

20.(2)  Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person may lodge a claim for child care rebate on or after 1 July 2000 and before 1 January 2001 if the claim relates to care provided during a period commencing 2 years before the claim was lodged and ending on 30 June 2000. The claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

 

20.(3)  If a session of care provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for child care rebate in respect of the session is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

 

20.(4)  If a period of vacation care provided by an outside school hours care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for child care rebate in respect of this care is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.

 

21                     Special rules relating to registration of families

 

21.(1)                Applications for registration of a family under section 19 of the Childcare Rebate Act that are undetermined as at 1 July 2000

 

21.(1)  If:

 

(a)

an individual lodged an application for registration of a family under section 19 of the Childcare Rebate Act 1993 before 1 July 2000; and

(b)

that application was not determined before that date;

 

the application is to be determined under the Childcare Rebate Act 1993, as in force before 1 July 2000, as if that Act, as so in force, had continued in force.

 

21.(2)                Applications for registration of a family under section 19 of the Childcare Rebate Act lodged after 1 July 2000

 

21.(2)  Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, an individual may apply, on or after 1 July 2000 and before 1 January 2001, for a family to be registered under section 19 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.

 

22                     Health Insurance Commission's functions and powers in relation to child care rebate to continue for certain matters

 

22.(1)  The Health Insurance Commission must deal with the following matters:

 

(a)

applications referred to in item 19;

(b)

claims referred to in item 20;

(c)

applications referred to in item 21;

(d)

matters arising in respect of those applications and claims (for example, applications for review);

 

under the Health Insurance Commission Act 1973 and the Childcare Rebate Act 1993 as if the following amendments to those Acts had not occurred:

 

(e)

the amendments of the Health Insurance Commission Act 1973 by Schedule 8 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;

(f)

the repeal of the Childcare Rebate Act 1993.

 

22.(2)  In respect of the Commission's powers under subitem (1), the Commission may, under subsection 55(3) of the Childcare Rebate Act 1993 as continued in force, extend the period in which an application may be made for reconsideration of a decision listed in section 53 of that Act, but only until 30 June 2001.

 

23                     Other transitional matters may be provided for in regulations

 

23.  The Governor‑General may make regulations, not inconsistent with this Schedule, the Family Assistance Administration Act and the Family Assistance Act prescribing other transitional matters, apart from transitional matters provided for in this Schedule, that are necessary or convenient for carrying out or giving effect to the introduction of child care benefit under the family assistance law.