FAMILY ASSISTANCE LEGISLATION AMENDMENT (JOBS FOR FAMILIES CHILD CARE PACKAGE) BILL 2016

2016

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Family Assistance Legislation

Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(Education and Training)

A Bill for an Act to amend the law relating to

family assistance, and for related purposes

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Main amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Schedule 2--Consequential amendments

212

A New Tax System (Goods and Services Tax) Act 1999

212

Early Years Quality Fund Special Account Act 2013

212

Fringe Benefits Tax Assessment Act 1986

212

Income Tax Assessment Act 1997

213

Schedule 3--Other amendments

214

Part 1--Amendments commencing day after Royal Assent

214

A New Tax System (Family Assistance) Act 1999

214

A New Tax System (Family Assistance) (Administration) Act 1999

214

A New Tax System (Goods and Services Tax) Act 1999

215

Part 2--Amendments commencing 1 July 2017

216

A New Tax System (Family Assistance) (Administration) Act 1999

216

Schedule 4--Application, saving and transitional provisions

219

Part 1--Introduction

219

Part 2--Child care subsidy and additional child care subsidy

220

Part 3--Child care benefit and child care rebate

222

Part 4--Providers of child care services

224

Part 5--Miscellaneous

226

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

A Bill for an Act to amend the law relating to

family assistance, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Family Assistance Legislation Amendment (Jobs for

Families Child Care Package) Act 2016.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1

and 2

2 July 2018.

2 July 2018

3. Schedule 3,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 3,

Part 2

1 July 2017.

1 July 2017

5. Schedule 4

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Schedule 1--Main amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1)

Repeal the following definitions:

(a) definition of 24 hour care;

(b) definition of 24 hour care limit;

(d) definition of absence.

2 Subsection 3(1)

Insert:

ACCS: see additional child care subsidy.

ACCS (child wellbeing): see additional child care subsidy.

ACCS (grandparent): see additional child care subsidy.

ACCS hourly rate cap has the meaning given by subclause 6(2) of

Schedule 2.

ACCS (temporary financial hardship): see additional child care

subsidy.

ACCS (transition to work): see additional child care subsidy.

activity test result has the meaning given by clause 11 of

Schedule 2.

additional child care subsidy or ACCS means additional child care

subsidy for which:

(a) an individual or an approved provider may become eligible

under section 85CA (ACCS (child wellbeing)); or

(b) an individual may become eligible under section 85CG

(ACCS (temporary financial hardship)); or

(ACCS (grandparent)); or

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(d) an individual may become eligible under section 85CK

(ACCS (transition to work)).

annual cap has the meaning given by subclause 1(2) of

Schedule 2.

applicable percentage has the meaning given by clause 3 of

Schedule 2.

CCS: see child care subsidy.

CCS fortnight means a period of 2 weeks beginning on:

(a) Monday 2 July 2018; or

(b) every second Monday after that Monday.

CCS hourly rate cap has the meaning given by subclause 2(3) of

Schedule 2.

3 Subsection 3(1)

Repeal the following definitions:

(a) definition of child care benefit;

(b) definition of child care rebate.

4 Subsection 3(1)

Insert:

child care subsidy or CCS means child care subsidy for which an

individual may become eligible under section 85BA.

child wellbeing result has the meaning given by clause 15 of

Schedule 2.

deemed activity test result has the meaning given by clause 16 of

Schedule 2.

extended child wellbeing period has the meaning given by

subclause 15(3) of Schedule 2.

5 Subsection 3(1) (paragraphs (d) and (da) of the definition of

family assistance)

Repeal the paragraphs, substitute:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(d) child care subsidy; or

(da) additional child care subsidy; or

6 Subsection 3(1) (paragraph (b) of the definition of FTB

child)

Repeal the paragraph, substitute:

(b) in relation to child care subsidy and additional child care

subsidy--has the meaning given in Subdivision A of

Division 1 of Part 3 (except for section 24), but in applying

Subdivision D of that Division to CCS or ACCS, a reference

in Subdivision D to a claim for payment of family tax benefit

is taken to be a reference to a claim for CCS; and

7 Subsection 3(1)

Insert:

hourly rate of ACCS:

(b) for an individual--has the meaning given by subclause 6(1)

of Schedule 2; or

subclause 9(1) of Schedule 2.

hourly rate of CCS has the meaning given by subclause 2(1) of

Schedule 2.

hourly session fee:

(a) for an individual--has the meaning given by subclause 2(2)

of Schedule 2; and

(b) for an approved provider--has the meaning given by

subclause 9(2) of Schedule 2.

8 Subsection 3(1) (definition of lower income threshold)

Repeal the definition, substitute:

lower income threshold has the meaning given by subclause 3(4)

of Schedule 2.

9 Subsection 3(1)

Insert:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

low income result has the meaning given by clause 13 of

Schedule 2.

Minister's rules has the meaning given by subsection 85GB(1).

Minister's rules result has the meaning given by clause 14 of

Schedule 2.

10 Subsection 3(1)

Repeal the following definitions:

(a) definition of non-standard hours family day care;

(b) definition of non-standard hours in-home care.

11 Subsection 3(1) (definition of paid work)

Repeal the definition, substitute:

paid work (other than in paragraph 12(2)(a) of Schedule 2) has the

meaning given by section 3B.

12 Subsection 3(1)

Repeal the following definitions:

(a) definition of part-time family day care;

(b) definition of part-time in-home care.

13 Subsection 3(1)

Insert:

provide, in relation to a session of care, has the meaning given by

section 10.

14 Subsection 3(1) (paragraph (b) of the definition of

receiving)

Omit "for the purpose of construing references to a person receiving a

social security pension or social security benefit that are references in

sections 32AI, 50S and 50T of the Family Assistance Administration

Act and clauses 1, 28B and 38L of Schedule 1, and in clause 7 of

Schedule 2, to this Act:", substitute "for the purposes of a reference in

section 85CJ of this Act or clause 1, 28B or 38L of Schedule 1 to this

Act, or in section 32AI of the Family Assistance Administration Act, to

a person receiving a social security pension or social security benefit:".

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

15 Subsection 3(1)

Insert:

recognised activity has the meaning given by subclause 12(2) of

Schedule 2.

recognised activity result has the meaning given by

subclause 12(1) of Schedule 2.

16 Subsection 3(1)

Repeal the following definitions:

(a) definition of recognised study commitments;

(b) definition of recognised training commitments;

17 Subsection 3(1) (definition of regular care child)

Repeal the definition, substitute:

regular care child, of an individual (the adult), means an

individual:

(a) who would be an FTB child of the adult but for the operation

of section 25 (adult's percentage of care for the child during a

care period is less than 35%); and

(b) for whom the adult has a percentage of care during a care

period that is at least 14%.

Note:

See also section 25A.

18 Subsection 3(1)

Insert:

reimbursement fringe benefit has the meaning given by

subclause 2(5) of Schedule 2.

19 Subsection 3(1)

Repeal the following definitions:

(a) definition of satisfies the work/training/study test;

(b) definition of school child;

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

20 Subsection 3(1)

Insert:

second income threshold has the meaning given by subclause 3(4)

of Schedule 2.

Secretary's rules has the meaning given by subsection 85GB(2).

21 Subsection 3(1)

Repeal the following definitions:

(a) definition of standard hours family day care;

(b) definition of standard hours in-home care.

22 Subsection 3(1)

Insert:

State/Territory child welfare law has the meaning given by

subsection 85ED(2).

third income threshold has the meaning given by subclause 3(4) of

Schedule 2.

transition to work payment has the meaning given by

subsection 85CK(3).

23 Subsection 3(1) (definition of upper income threshold)

Repeal the definition, substitute:

upper income threshold has the meaning given by subclause 3(4)

of Schedule 2.

24 Subsection 3(1) (definition of week)

Omit "benefit and child care rebate", substitute "subsidy and additional

child care subsidy".

25 Subsection 3(1) (definition of week concerned)

Repeal the definition.

26 Subsections 3(5) and (6)

Repeal the subsections, substitute:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(6) A week, for the purposes of child care subsidy and additional child

care subsidy, begins on a Monday.

27 Subsection 3AA(1)

Repeal the subsection, substitute:

Scope

(1) This section applies for the purposes of a reference in section 85CJ

or 85CK of this Act, or clause 1, 28B or 38L of Schedule 1 to this

Act, to a person receiving payments (affected schooling

requirement payments) covered by subsection (2).

28 Subsection 3B(1)

Omit "paragraph 15(1)(a) or section 17A", substitute

"paragraph 12(2)(a) of Schedule 2".

29 Subsection 3B(1) (note)

Omit "paragraph 15(1)(a) and section 17A", substitute

"paragraph 12(2)(a) of Schedule 2".

30 Subsection 6(1)

Repeal the subsection, substitute:

(1) This section states when the child of an individual (the adult)

meets the immunisation requirements for the purposes of

determining:

(a) whether the adult is eligible for child care subsidy under

Division 2 of Part 4A; or

(b) whether an approved provider is eligible for ACCS (child

wellbeing) for sessions of care provided to the child.

31 Subsection 8(1)

Repeal the subsection, substitute:

(1) The Secretary may, in accordance with the Minister's rules,

determine:

(a) that an individual who is not an Australian resident is taken

to be an Australian resident for the purposes of Division 2 of

Part 4A (eligibility for CCS); and

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(b) if the determination is for a period--the period in respect of

which the person is taken to be an Australian resident.

32 Subsections 8(3) and (4)

Repeal the subsections, substitute:

(3) Minister's rules made for the purposes of subsection (1) may

prescribe matters to which the Secretary must have regard in

making determinations under subsection (1), including time limits

for periods referred to in paragraph (1)(b).

33 Sections 10 to 18

Repeal the sections, substitute:

10 When a session of care is provided

Basic rule about when a session of care is provided

(1) For the purposes of this Act and the Family Assistance

Administration Act, a child care service provides a session of care

to a child if:

(a) the child is enrolled for care by the service and the child

attends the session of care or any part of it; or

(b) if the child does not attend any part of the session of care--

the service is taken to have provided the session of care to the

child under subsection (2) or (3).

Note:

Enrolled is defined in section 200B of the Family Assistance

Administration Act.

Up to 42 absences

(2) A child care service is taken to have provided a session of care to a

child on a day in a financial year if:

(a) had the child attended the session of care, one or more of the

hours in the session would have been taken into account in

accordance with paragraph 4(1)(a) of Schedule 2; and

(b) the day is:

(i) a day on which the child is enrolled for care by the

service; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(ii) after the day the child first attended a session of care

provided by the service; and

(iii) before the day the service permanently ceased providing

care to the child; and

(iv) not a day prescribed by the Minister's rules; and

which an approved child care service is taken to have

provided a session of care to the child under this subsection.

More than 42 absences

(3) A child care service is taken to have provided a session of care to a

child on a day in a financial year if:

(a) there have already been 42 days in the financial year on

which an approved child care service is taken to have

provided a session of care to the child under subsection (2);

and

(b) had the child attended the session of care, one or more of the

hours in the session would have been taken into account in

accordance with paragraph 4(1)(a) of Schedule 2; and

(i) a day on which the child is enrolled for care by the

service; and

(ii) after the day the child first attended a session of care

provided by the service; and

(iii) before the day the service permanently ceased providing

care to the child; and

(iv) not a day prescribed by the Minister's rules; and

(d) the absence is for a reason specified in subsection (4); and

(e) if the absence is for an illness referred to in paragraph (4)(a)

or (b)--the service has been given a certificate that was

issued by a medical practitioner in relation to the illness.

(4) For the purposes of paragraph (3)(d), the reasons are the following:

(a) the child is ill;

(b) any of the following persons is ill:

(i) the individual in whose care the child is;

(ii) the partner of the individual in whose care the child is;

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(iii) an individual with whom the child lives;

(d) alternative care arrangements have been made for the child

on a pupil-free day;

(e) a reason prescribed by the Minister's rules.

(5) If a service has permanently ceased providing care to a child, the

service is taken to have done so on the day the child last attended a

session of care provided by the service.

34 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Eligibility for family assistance (other than

child care subsidy and additional child care

subsidy)

35 Divisions 4 and 5 of Part 3

Repeal the Divisions.

36 Subsection 57GI(1) (note 2)

Omit "benefit or child care rebate", substitute "subsidy or additional

child care subsidy".

37 Section 57GQ

Repeal the section, substitute:

57GQ This Division does not apply to child care subsidy or

additional child care subsidy

This Division does not apply in relation to child care subsidy or

additional child care subsidy.

38 Part 4 (heading)

Repeal the heading, substitute:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Part 4--Rate of family assistance (other than child

care subsidy and additional child care

subsidy)

39 Divisions 4 and 4A of Part 4

Repeal the Divisions.

40 After Part 4

Insert:

Part 4A--Child care subsidy

Division 1--Introduction

85AA Simplified outline of this Part

An individual whose child is attending a child care service may be

eligible for child care subsidy (CCS) in relation to the fees charged

by the service.

In some circumstances, the individual may be eligible for

additional child care subsidy (ACCS) instead.

The child care service must be approved and the individual must

meet the eligibility criteria for CCS or ACCS.

Generally, for CCS, the eligibility criteria relate to the child's

relationship to the individual, the child's age and immunisation

status and the individual's residency status.

For ACCS, the individual must be eligible for CCS and meet some

additional criteria.

The approved provider of a child care service may be eligible for

ACCS (child wellbeing) (relating to a child at risk of serious abuse

or neglect) when there is no eligible individual, if the service is

approved and certain additional criteria are met.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

85AB Constitutional basis

(1) Without limitation, the provisions of this Act and the Family

Assistance Administration Act in relation to child care subsidy and

additional child care subsidy (including provisions in relation to

approved providers) rely on:

(a) the Commonwealth's legislative powers under paragraphs

51(xxiiiA), (xxix) and (xxxix) of the Constitution; and

(b) any implied legislative powers of the Commonwealth.

(2) For the purposes of reliance on paragraph 51(xxix) of the

Constitution and without limitation, the provisions of this Act and

the Family Assistance Administration Act in relation to child care

subsidy and additional child care subsidy (including provisions in

relation to approved providers) are intended to give effect to the

Convention on the Rights of the Child done at New York on

20 November 1989.

Note:

The Convention on the Rights of the Child is in Australian Treaty

Series 1991 No. 4 ([1991] ATS 4) and could in 2016 be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

Division 2--Eligibility for child care subsidy

85BA Eligibility for CCS

(1) An individual is eligible for CCS for a session of care provided by

an approved child care service to a child if:

(a) at the time the session of care is provided:

(i) the child is an FTB child, or a regular care child, of the

individual or the individual's partner; and

(ii) the child is 13 or under and does not attend secondary

school, or the requirements covered by subsection (2)

are satisfied; and

(iii) the child meets the immunisation requirements in

section 6; and

(iv) the individual, or the individual's partner, meets the

residency requirements in section 85BB; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) the individual, or the individual's partner, has incurred a

liability to pay for the session of care under a complying

written arrangement; and

(i) is provided in Australia; and

(ii) is not provided as part of the compulsory education

program in the State or Territory where the care is

provided; and

(iii) is not provided in circumstances prescribed by the

Minister's rules; and

(d) Division 5 does not prevent the individual being eligible for

CCS for the session of care.

Note:

Complying written arrangement is defined in subsection 200B(3) of

the Family Assistance Administration Act.

(2) For the purposes of subparagraph (1)(a)(ii), the requirements

covered by this subsection are that:

(a) the child is a member of a class prescribed by the Minister's

rules; and

(b) the individual and the approved child care service satisfy any

conditions prescribed by the Minister's rules in relation to the

child.

85BB Residency requirements

(1) For the purposes of subparagraph 85BA(1)(a)(iv), an individual or

the individual's partner meets the residency requirements at a time

if, at that time, the individual or partner:

(a) is an Australian resident; or

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

(d) is undertaking a course of study in Australia and receiving

financial assistance directly from the Commonwealth for the

purpose of undertaking that study.

(2) The individual or the individual's partner satisfies this subsection if

the individual or partner:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(a) 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

(b) is either in Australia or temporarily absent from Australia for

no more than 6 weeks on an allowable absence in relation to

special benefit within the meaning of Part 4.2 of that Act.

Division 3--Eligibility for additional child care subsidy

Subdivision A--Eligibility for ACCS (child wellbeing)

85CA Eligibility for ACCS (child wellbeing)

Eligibility of individual

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) either of the following is in effect in relation to the child for

the week in which the session of care is provided:

(i) a certificate given by the approved provider of the

service under section 85CB;

(ii) a determination made by the Secretary under

section 85CE; and

ACCS (child wellbeing) for the session of care.

Eligibility of approved provider

(2) The approved provider of an approved child care service is eligible

for ACCS for a session of care provided by the service to a child if:

(a) either of the following is in effect in relation to the child for

the week in which the session of care is provided:

(i) a certificate given by the provider under section 85CB;

(ii) a determination made by the Secretary under

section 85CE; and

(b) at the time the session of care is provided:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(i) the provider is not able to identify an individual who is

eligible for ACCS (child wellbeing) for the session of

care; and

(ii) the child is 13 or under and does not attend secondary

school, or the requirements covered by subsection (3)

are satisfied; and

(iii) the child meets the immunisation requirements in

section 6; and

(i) is provided in Australia; and

(ii) is not provided as part of the compulsory education

program in the State or Territory where the care is

provided; and

(iii) is not provided in circumstances prescribed by

Minister's rules made for the purposes of

subparagraph 85BA(1)(c)(iii); and

(d) Division 5 does not prevent the provider being eligible for

ACCS (child wellbeing) for the session of care.

(3) For the purposes of subparagraph (2)(b)(ii), the requirements

covered by this subsection are that:

(a) the child is a member of a class prescribed by the Minister's

rules; and

(b) the approved child care service satisfies any conditions

prescribed by the Minister's rules in relation to the child.

Child at risk of serious abuse or neglect

(4) The Minister's rules may prescribe circumstances in which a child

is or is not taken to be at risk of serious abuse or neglect.

85CB Certification for ACCS (child wellbeing)

(1) The approved provider of an approved child care service may, if it

considers that a child is or was at risk of serious abuse or neglect

on a day (an at risk day), give the Secretary a certificate to that

effect.

Note:

If the provider gives a certificate under this section, it must give notice

to an appropriate State/Territory body in accordance with

section 204K of the Family Assistance Administration Act.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(2) The certificate must:

(a) be given in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary; and

a week that includes an at risk day and cannot be more than

28 days before the certificate is given); and

(d) specify the whole weeks for which it has effect (which must

be weeks that include an at risk day); and

(e) identify the service to which, and the child to whom, it

relates; and

(f) include any other matters prescribed by the Secretary's rules.

(3) A certificate given by an approved provider does not take effect if

the certificate would have the effect that, in any period of 12

months, certificates given by the provider in relation to a particular

child and a particular service would be in effect for more than 6

weeks (disregarding any days on which the provider's approval is

suspended, or suspended in respect of the service).

(4) A certificate given by an approved provider does not take effect if

the certificate would have the result that, on any particular day

during the first week in which the certificate takes effect,

certificates given by the provider, together with any determinations

made on application by the provider under section 85CE, would be

in effect in relation to more than the following percentage of

children for whom the service is providing care that day:

(a) 50%;

(b) if the Secretary's rules prescribe a different percentage and

paragraph (c) does not apply--the prescribed percentage;

circumstances of the service, and makes a written

determination to that effect that applies on the day--the

percentage specified in the determination.

(5) A certificate given by an approved provider does not take effect if

a circumstance prescribed by the Minister's rules exists in relation

to any or all of the provider, the service or the child.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(6) A determination made under paragraph (4)(c) is not a legislative

instrument.

85CC Cancellation of certificate by approved provider

(1) If:

(a) a certificate given by an approved provider under

section 85CB in relation to a child is in effect for a week; and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week; and

under subsection 204B(6) (requirement to report about

children for whom care is provided) of the Family Assistance

Administration Act for the first week for which the certificate

has effect has not expired;

the provider must, by written notice given to the Secretary, cancel

the certificate.

(2) If the provider cancels a certificate, the certificate is taken never to

have been in effect.

(3) The provider may cancel a certificate even if the certificate has

ceased to have effect.

(4) Despite paragraph 85CB(2)(c), if:

(a) the provider cancels a certificate in relation to a child under

this section (the original certificate); and

(b) the provider then gives a certificate under section 85CB in

relation to the child for one or more weeks for which the

original certificate was specified to have effect (the

replacement certificate);

the replacement certificate may take effect more than 28 days

before the replacement certificate is given but no earlier than the

day the original certificate took effect.

85CD Variation and cancellation of certificates by Secretary

(1) If:

(a) a certificate given by an approved provider under

section 85CB in relation to a child is in effect for a week; and

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(b) the Secretary considers that the child is not at any risk of

serious abuse or neglect during the week;

the Secretary may, by written notice given to the provider, cancel

or vary the certificate so that the certificate is not in effect for the

week.

(2) If the Secretary cancels the certificate, the certificate ceases to have

effect on the day specified in the notice (which must be a Monday

and may be earlier than the day the notice is given).

(3) If the Secretary varies the certificate, the certificate is varied as

specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(4) The Secretary may cancel or vary a certificate even if the

certificate has ceased to have effect.

85CE Determination for ACCS (child wellbeing)

(1) An approved provider may apply to the Secretary for a

determination under this section if the provider:

(a) considers that a child is or was at risk of serious abuse or

neglect at the time an approved child care service of the

provider provides or provided a session of care to the child;

and

(b) is unable to give a certificate because of subsection 85CB(3)

or (4).

Note:

Before making the application, the provider must give notice to an

appropriate State/Territory body in accordance with section 204K of

the Family Assistance Administration Act.

(2) The application must:

(a) be made in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary.

(3) The Secretary must, no later than 28 days after the day the

application is made:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(a) if satisfied that the child is or was at risk of serious abuse or

neglect on a day (an at risk day)--make a written

determination to that effect; and

(b) otherwise--refuse the application.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(4) If the Secretary neither makes a determination nor refuses the

application by the end of the 28 days after the day the application

was made, the Secretary is taken at that time to have refused the

application. Subsection 27A(1) of the AAT Act does not apply to

such a refusal.

Note:

This means the Secretary is not required to give notice of the refusal.

(5) A determination made under this section must:

(a) specify the day it takes effect, which must be the Monday of

a week that includes an at risk day and cannot be more than

28 days before the application was made; and

(b) specify the whole weeks for which it has effect, which:

(i) must be weeks that include an at risk day; and

(ii) cannot exceed 13 weeks; and

(6) If:

(a) a determination made under this section is in effect in

relation to a child; and

(b) the Secretary is satisfied that the child will still be at risk of

serious abuse or neglect after the determination ceases to

have effect;

the Secretary may make a written determination accordingly to

take effect on the Monday immediately after the earlier

determination ceases to have effect.

(7) A determination made under this section is not a legislative

instrument.

85CF Variation and revocation of determinations

(1) If:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(a) a determination made under section 85CE in relation to a

child is in effect for a week; and

(b) the Secretary considers that the child is not at any risk of

serious abuse or neglect during the week;

the Secretary may, by written notice given in accordance with

subsection (2), cancel or vary the determination so that the

determination is not in effect for the week.

(2) The Secretary must give the written notice to the approved

provider that made the application for the determination, or, if

there has been more than one consecutive such determination, for

the first determination in the series.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(3) If the Secretary revokes a determination, the determination ceases

to have effect on the day specified in the notice (which must be a

Monday and may be earlier than the day the notice is given).

(4) If the Secretary varies a determination, the determination is varied

as specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(5) The Secretary may vary or revoke a determination even if the

determination has ceased to have effect.

Subdivision B--Eligibility for ACCS (temporary financial

hardship)

85CG Eligibility for ACCS (temporary financial hardship)

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) a determination of temporary financial hardship made by the

Secretary under section 85CH is in effect in relation to the

individual for the week in which the session of care is

provided; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

ACCS (temporary financial hardship) for the session.

Temporary financial hardship

(2) The Minister's rules may prescribe circumstances in which an

individual is taken to be experiencing temporary financial

hardship.

85CH Determination of temporary financial hardship

Determinations on own initiative or on application

(1) The Secretary may make a determination that an individual is

experiencing temporary financial hardship:

(a) on application by the individual in accordance with this

section; or

(b) on the Secretary's own initiative, if the Secretary is satisfied

that a circumstance prescribed by the Minister's rules for the

purposes of subsection 85CG(2) (temporary financial

hardship) exists in relation to the individual.

Applications

(2) An individual may apply to the Secretary for a determination under

this section, if the individual considers that a circumstance

prescribed by the Minister's rules for the purposes of

subsection 85CG(2) (temporary financial hardship) exists in

relation to the individual.

(3) The application must:

(a) be made in a form and manner approved by the Secretary;

and

(b) contain the information, and be accompanied by the

documents, required by the Secretary.

(4) The Secretary must, no later than 28 days after the day the

application is made:

(a) if satisfied that a circumstance prescribed by the Minister's

rules for the purposes of subsection 85CG(2) (temporary

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

financial hardship) exists in relation to the individual--make

the determination referred to in subsection (1); and

(b) otherwise--refuse the application.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(5) If the Secretary neither makes a determination nor refuses the

application by the end of the 28 days after the day the application

was made, the Secretary is taken at that time to have refused the

application. Subsection 27A(1) of the AAT Act does not apply to

such a refusal.

Note:

This means the Secretary is not required to give notice of the refusal.

Content etc. of determinations

(6) A determination made under this section must:

(a) specify the day it takes effect, which must be a Monday and

cannot be more than 28 days before:

(i) if made on application--the application was made; or

(ii) otherwise--the determination was made; and

(b) specify the whole weeks for which it has effect; and

(d) identify the individual concerned and the reason why the

circumstance causing the temporary financial hardship exists

in relation to the individual.

(7) A determination does not take effect if the determination would

have the result that determinations made under this section would

be in effect in relation to a particular child and a particular

individual, and for a particular reason, for more than 13 weeks.

(8) A determination made under this section is not a legislative

instrument.

85CI Revocation of determinations

(1) If:

(a) a determination made under section 85CH in relation to an

individual is in effect for a week; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) the Secretary considers that a circumstance prescribed by the

Minister's rules for the purposes of subsection 85CG(2)

(temporary financial hardship) does not exist in relation to

the individual during the week;

the Secretary may, by written notice given to the individual, cancel

or vary the determination so that the determination is not in effect

for the week.

Note:

Persons whose interests are affected by the decision must be notified

of the decision and of their right to have it reviewed (see section 27A

of the AAT Act).

(2) If the Secretary revokes a determination, the determination ceases

to have effect on the day specified in the notice (which must be a

Monday and may be earlier than the day the notice is given).

(3) If the Secretary varies a determination, the determination is varied

as specified in the notice with effect from the day specified in the

notice (which must be a Monday and may be earlier than the day

the notice is given).

(4) The Secretary may vary or revoke a determination even if the

determination has ceased to be in effect.

Subdivision C--Eligibility for ACCS (grandparent)

85CJ Eligibility for ACCS (grandparent)

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) the individual, or the individual's partner, is the grandparent

or great-grandparent of the child; and

is provided, the individual or the individual's partner is the

principal carer of the child within the meaning of

subsection (2); and

(d) at the start of the CCS fortnight in which the session of care

is provided, the individual, or the individual's partner, is

receiving:

(i) a social security pension; or

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(ii) a social security benefit; or

(iii) a service pension; or

(iv) an income support supplement under Part IIIA of the

Veterans' Entitlements Act 1986; and

(e) Division 5 does not prevent the individual being eligible for

ACCS (grandparent) for the session.

(2) For the purposes of paragraph (1)(c), the individual or the

individual's partner is the principal carer of the child if the

individual or partner:

(a) provides all or at least 65% of ongoing daily care for the

child; and

(b) has substantial autonomy for the day-to-day decisions about

the child's care, welfare and development.

(3) In determining, for the purposes of this section, whether an

individual is a grandparent or great-grandparent of another

person, treat the following relationships as if they were biological

child-parent relationships:

(a) the relationship between an adopted child and his or her

adoptive parent;

(b) the relationship between a step-child and his or her

step-parent;

relationship parent.

(4) In this section:

adoptive parent, of a person (the child), means the person who

adopted the child under a law of any place (whether in Australia or

not) relating to the adoption of children.

step-parent, of a person (the child), means the person who:

(a) is the current or former partner of the biological parent,

adoptive parent or relationship parent of the child; and

(b) is not the biological parent, adoptive parent or relationship

parent of the child.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Subdivision D--Eligibility for ACCS (transition to work)

85CK Eligibility for ACCS (transition to work)

Eligibility of individual receiving transition to work payment

(1) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) at the start of the CCS fortnight in which the session of care

is provided:

(i) the individual is receiving (within the meaning of

subsections 23(2) and (4) of the Social Security Act

1991) a transition to work payment referred to in

subsection (3) of this section; and

(ii) if the transition to work payment is referred to in

paragraph (3)(a)--an employment pathway plan within

the meaning of the Social Security Act 1991, or a

participation plan under section 94B of that Act, is in

effect in relation to the individual; and

and

(d) Division 5 does not prevent the individual being eligible for

ACCS (transition to work) for the session.

Eligibility of individual who ceased receiving transition to work

payment fewer than 12 weeks ago

(2) An individual is eligible for ACCS for a session of care provided

by an approved child care service to a child if:

(a) the individual is eligible for CCS for the session of care; and

(b) the individual stopped receiving (within the meaning of

subsections 23(2) and (4) of the Social Security Act 1991) a

transition to work payment referred to in subsection (3) of

this section less than 12 weeks before the start of the CCS

fortnight in which the session of care is provided; and

and

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(d) Division 5 does not prevent the individual being eligible for

ACCS (transition to work) for the session.

Definition of transition to work payment

(3) Each of the following is a transition to work payment:

(a) the following payments made under the social security law:

(i) parenting payment;

(ii) newstart allowance;

(iii) disability support pension;

(iv) youth allowance;

(b) a payment (whether or not made under the social security

law) prescribed by the Minister's rules.

Division 4--Eligibility in substitution for an individual who

has died

85DA Eligibility for child care subsidy or additional child care

subsidy in substitution for individual who has died

If:

(a) an individual is eligible for CCS or ACCS; and

(b) the individual dies; and

eligible has not been paid; and

(d) another individual (the substitute) makes a claim under

Part 3A of the Family Assistance Administration Act for

CCS in substitution for the individual who has died; and

(e) the Secretary considers that the substitute ought to be eligible

for so much of the unpaid amount as relates to sessions of

care provided after the start of the income year before the

income year in which the individual died;

the substitute is eligible for that much of the unpaid amount of

CCS or ACCS.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Division 5--Limitations on eligibility for child care subsidy

and additional child care subsidy

85EA Only one individual eligible at a time

(1) If, apart from this section, more than one individual would be

eligible for CCS for the same session of care provided to a child,

only the individual determined under subsection (2) is eligible for

the CCS.

(2) For the purposes of subsection (1), the Secretary may, in

accordance with any Minister's rules, determine in writing the

individual eligible for the CCS for the session of care provided to

the child.

(3) A determination made under subsection (2) is not a legislative

instrument.

85EB Only eligible for one kind of ACCS at a time

If, apart from this section, an individual would be eligible for

ACCS under more than one provision of Division 3 for the same

session of care provided to a child, then the individual is only

eligible for:

(a) ACCS (child wellbeing); or

(b) if the individual is not eligible for ACCS (child wellbeing)--

ACCS (grandparent); or

ACCS (grandparent)--ACCS (temporary financial hardship).

Note:

An individual who would otherwise be eligible for ACCS (transition

to work), as well as for one or more other kinds of ACCS, is instead

eligible for the other kind, or one of the other kinds, of ACCS

according to the priority set out in this section.

85EC Only one individual eligible in substitution for individual who

has died

If an individual is eligible for an amount of CCS or ACCS because

of section 85DA (eligibility in substitution for individual who has

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

died), no other individual and no approved provider is or can

become eligible for CCS or ACCS that is part of the amount.

85ED No eligibility for child who is in care of State or Territory or

member of prescribed class

(1) An individual is not eligible for CCS or ACCS, and an approved

provider is not eligible for ACCS (child wellbeing), for a session of

care provided to a child if the child is:

(a) under the care (however described) of a person (other than a

foster parent) under a State/Territory child welfare law; or

(b) a member of a class prescribed by the Minister's rules.

(2) A State/Territory child welfare law is:

(a) a law of a State or Territory which is prescribed by the

Minister's rules; or

(b) if the Minister's rules do not prescribe a law for a State or

Territory--a law of the State or Territory that relates to the

welfare of children.

85EE Maximum period of eligibility for individual who is absent

from Australia

(1) If an individual leaves Australia, the maximum period for which

the individual can be eligible for CCS or ACCS during that

absence from Australia is the period of 6 weeks beginning on the

first day of that absence.

(2) If:

(a) an individual is eligible for CCS or ACCS while the

individual is absent from Australia; and

(b) the individual then ceases to be eligible for CCS or ACCS

because of the application of subsection (1) or a previous

application of this subsection; and

(d) the individual leaves Australia again less than 6 weeks after

returning to Australia;

the individual is not eligible for CCS or ACCS at any time during

the absence from Australia referred to in paragraph (d).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(3) The Secretary may extend the 6 week period (the initial period)

referred to in subsection (1), to a period of no more than 3 years, if

the Secretary is satisfied that the individual is unable to return to

Australia within the initial period because of any of the following

events:

(a) a serious accident involving the individual or a family

member of the individual;

(b) a serious illness of the individual or a family member of the

individual;

the individual;

(d) the death of a family member of the individual;

(e) the individual's involvement in custody proceedings in the

country in which the individual is located;

(f) a legal requirement for the individual to remain outside

Australia in connection with criminal proceedings (other than

criminal proceedings in respect of a crime alleged to have

been committed by the individual);

(g) robbery or serious crime committed against the individual or

a family member of the individual;

(h) a natural disaster in the country in which the individual is

located;

(i) political or social unrest in the country in which the

individual is located;

(j) industrial action in the country in which the individual is

located;

(k) a war in the country in which the individual is located.

(4) The Secretary must not extend the initial period under

subsection (3) unless:

(a) the event occurred or began during the initial period; and

(b) if the event is political or social unrest, industrial action or

war--the individual is not willingly involved in, or willingly

participating in, the event.

(5) The Secretary may extend the 6 week period referred to in

subsection (1), to a period of no more than 3 years, if the Secretary

is satisfied that, under the Medical Treatment Overseas Program

administered by the Minister who administers the National Health

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Act 1953, financial assistance is payable in respect of the absence

from Australia of the individual.

(6) The Secretary may extend the 6 week period referred to in

subsection (1), to a period of no more than 3 years, if the Secretary

is satisfied that the individual mentioned in the subsection is unable

to return to Australia within the 6 week period because the

individual is:

(a) deployed outside Australia as a member of the Defence

Force, under conditions specified in a determination made

under the Defence Act 1903 that relates to such deployment;

(b) deployed outside Australia, for the purpose of

capacity-building or peacekeeping functions, as:

(i) a member or a special member of the Australian Federal

Police; or

(ii) a protective service officer within the meaning of the

Australian Federal Police Act 1979.

Division 6--Amount of child care subsidy and additional

child care subsidy

85FA Amount of child care subsidy

If an individual is eligible for child care subsidy for at least one

session of care provided by an approved child care service to a

child in a week, the amount of child care subsidy for the individual

for the week for the child is worked out under Part 1 of Schedule 2.

85FB Amount of ACCS (child wellbeing), ACCS (temporary

financial hardship) or ACCS (grandparent) for an

individual

If an individual is eligible for ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS (grandparent) for at least

one session of care provided by an approved child care service to a

child in a week, the amount of additional child care subsidy for the

individual for the week for the child is worked out under Part 2 of

Schedule 2.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

85FC Amount of ACCS (transition to work)

If an individual is eligible for ACCS (transition to work) for at

least one session of care provided by an approved child care

service to a child in a week, the amount of additional child care

subsidy for the individual for the week for the child is worked out

under Part 3 of Schedule 2.

85FD Amount of ACCS (child wellbeing) for an approved provider

If an approved provider is eligible for ACCS (child wellbeing) for

at least one session of care provided by an approved child care

service of the provider to a child in a week, the amount of

additional child care subsidy for the provider for the week for the

child is worked out under Part 4 of Schedule 2.

Division 7--Miscellaneous

85GA Funding agreements

(1) The Secretary may, on behalf of the Commonwealth, enter into,

vary and administer written agreements with a person under which

the Commonwealth makes one or more grants of money to the

person for purposes that are related to both:

(a) child care; and

(b) either or both of the following:

(i) the provision of child endowment or family allowances

within the meaning of paragraph 51(xxiiiA) of the

Constitution;

(ii) giving effect to Australia's obligations under the

Convention on the Rights of the Child done at New

York on 20 November 1989 and, in particular, under

articles 2, 3, 18 or 23 of the Convention.

Note:

The Convention on the Rights of the Child is in Australian Treaty

Series 1991 No. 4 ([1991] ATS 4) and could in 2016 be viewed in the

Australian Treaties Library on the AustLII website

(http://www.austlii.edu.au).

(2) A grant under this section is payable to a person:

(a) at such time as is specified in the agreement; and

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(b) in full or in such instalments as are specified in the

agreement.

(3) The Minister's rules may specify requirements with which the

Secretary must comply in exercising powers under this section.

85GB Minister's and Secretary's rules

(1) The Minister may, by legislative instrument, make rules (the

Minister's rules) prescribing matters:

(a) required or permitted by this Act or by the Family Assistance

Administration Act to be prescribed by the Minister's rules;

(b) necessary or convenient to be prescribed for carrying out or

giving effect to any or all of the following:

(i) this Part or Schedule 2;

(ii) Part 8 or 8A of the Family Assistance Administration

Act;

(iii) any other provision of the Family Assistance

Administration Act in relation to child care subsidy or

additional child care subsidy.

Note:

The Minister cannot delegate this power (there is no power to delegate

Minister's powers or functions under this Act).

(2) The Secretary may, by legislative instrument, make rules (the

Secretary's rules) prescribing matters:

(a) required or permitted by this Act or by the Family Assistance

Administration Act to be prescribed by the Secretary's rules;

(b) necessary or convenient to be prescribed for carrying out or

giving effect to any or all of the following:

(i) this Part or Schedule 2;

(ii) Part 8 or 8A of the Family Assistance Administration

Act;

(iii) any other provision of the Family Assistance

Administration Act in relation to child care subsidy or

additional child care subsidy.

Note:

The Secretary cannot delegate this power (see subsection 221(1) of the

Family Assistance Administration Act).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(3) To avoid doubt, the Minister's rules and the Secretary's rules may

not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(4) Secretary's rules that are inconsistent with Minister's rules have no

effect to the extent of the inconsistency, but Secretary's rules are

taken to be consistent with Minister's rules to the extent that the

Secretary's rules are capable of operating concurrently with the

Minister's rules.

(5) Minister's rules and Secretary's rules that are inconsistent with

regulations made under section 235 of the Family Assistance

Administration Act have no effect to the extent of the

inconsistency, but Minister's rules and Secretary's rules are taken

to be consistent with those regulations to the extent they are

capable of operating concurrently with those regulations.

41 Schedule 2

Repeal the Schedule, substitute:

Schedule 2--Amounts of child care subsidy

and additional child care subsidy

Note:

See Division 6 of Part 4A.

Part 1--Amount of child care subsidy

1 Amount of child care subsidy

(1) If an individual is eligible for CCS for at least one session of care

provided by an approved child care service to a child in a week,

work out the amount of child care subsidy for the individual for the

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

week, for sessions of care provided by the service to the child,

using the following method statement.

Method statement

Step 1. Work out the individual's activity test result, in relation

to the child, for the CCS fortnight that includes the week

(see clause 11 of this Schedule).

If the activity test result is zero, the amount of child care

subsidy for the individual for the week, for the sessions

of care provided by the service to the child, is nil.

Otherwise, go to step 2.

Step 2. Work out whether the annual cap applies to the individual

for the income year in which the CCS fortnight starts (see

subclause (2)).

If the annual cap:

(a)

applies; and

(b)

has already been reached for the child for the

income year (see subclause (3));

the amount of child care subsidy for the individual for the

week, for the sessions of care provided by the service to

the child, is nil.

Otherwise, go to step 3.

Step 3. Identify all the sessions of care:

(a)

provided by the service to the child in the week;

and

(b)

for which the individual is eligible for CCS.

Step 4. Work out the hourly rate of CCS for the individual for

each of those sessions of care (see clause 2).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Step 5. Work out the activity-tested amount of CCS for those

sessions of care (see clause 4).

Step 6. The amount of CCS for the individual for the week, for

the sessions of care identified in step 3, is:

(a)

the activity-tested amount; or

(b)

if the annual cap applies to the individual for the

income year in which the CCS fortnight that

includes the week starts, and the difference

between the annual cap and the total previous CCS

(see subclause (3)) is less than the activity-tested

amount--that difference.

Note:

An individual who is receiving CCS by fee reduction might have a

lower amount passed on than the amount worked out under this

method statement, because of a withholding amount in relation to the

payment. See sections 67EB and 201A of the Family Assistance

Administration Act.

(2) The annual cap of $10,000 applies to an individual for an income

year if the adjusted taxable income of the individual for the income

year exceeds the amount that is the lower income threshold plus

$120,000.

Note:

The $10,000 amount is indexed under Schedule 4.

(3) The annual cap that applies to an individual is reached for a child

for an income year if the following amounts (the total previous

CCS) together equal the annual cap:

(a) CCS the individual is entitled to be paid for sessions of care

provided to the child in CCS fortnights starting in the income

year;

(b) if the individual is a member of a couple for the whole of the

income year in which the CCS fortnight starts--CCS the

other member of the couple is entitled to be paid for sessions

of care provided to the same child in CCS fortnights starting

in the income year.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

2 Hourly rate of CCS

(1) For the purposes of step 4 of the method statement in clause 1, the

hourly rate of CCS for the individual, for a session of care

provided by the service to the child in the week, is the individual's

applicable percentage (see clause 3) of the lower of:

(a) the hourly session fee for the individual; and

(b) the CCS hourly rate cap for the session;

rounded to the nearest cent (rounding 0.5 cents upwards).

(2) The hourly session fee for an individual, for a session of care

provided to a child, is the amount the individual or the individual's

partner is liable to pay for the session of care:

(a) divided by the number of hours in the session of care; and

(b) reduced by:

(i) the hourly rate of any subsidy (other than CCS or

ACCS) which the individual benefits from in respect of

that session; and

(ii) the amount per hour of any reimbursement fringe

benefit in respect of the session of care (see

subclause (5)).

(3) Work out the CCS hourly rate cap for a session of care using the

following table.

CCS hourly rate cap

Item

If the session of care is provided by:

The CCS hourly rate cap is:

a centre-based day care service

$11.55

a family day care service

$10.70

an outside school hours care service

$10.10

a type of service prescribed by the

Minister's rules

the dollar amount prescribed by

the Minister's rules

Note:

The dollar amounts referred to in the table are indexed under

Schedule 4.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(4) The Minister's rules may prescribe criteria for determining by

which of the types of service mentioned in the table in

subclause (3) any particular session of care is provided.

(5) A reimbursement fringe benefit in respect of a session of care is

the amount by which an individual or the individual's partner is

reimbursed by a person in respect of the individual's or partner's

liability to pay for the session of care, if the reimbursement:

(a) is a fringe benefit within the meaning of the Fringe Benefits

Tax Assessment Act 1986; or

(b) would be such a fringe benefit but for paragraph (g) of the

definition of fringe benefit in subsection 136(1) of that Act.

3 Applicable percentage

(1) An individual's applicable percentage for a session of care

provided to a child in a CCS fortnight is determined by the

following table.

Applicable percentage

Item

If the individual's adjusted taxable

income for the income year in which

the CCS fortnight starts is:

Then the applicable percentage

for the individual is:

equal to or below the lower income

threshold

85%

above the lower income threshold and

below the second income threshold

see subclause (2)

equal to or above the second income

threshold and below the third income

threshold

50%

equal to or above the third income

threshold and below the upper income

threshold

see subclause (3)

equal to or above the upper income

threshold

20%

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(2) If table item 2 applies, work out the individual's applicable

percentage for the session of care using the following formula and

rounding the result to 2 decimal places:

Individual's adjusted taxable income

Lower income threshold

3,000





�-





�-









(3) If table item 4 applies, work out the individual's applicable

percentage for the session of care using the following formula and

rounding the result to 2 decimal places:

Individual's adjusted taxable income

Third income threshold

3,000





�-





�-









(4) In this Act:

lower income threshold means $65,710.

Note:

This amount is indexed under Schedule 4.

second income threshold means the lower income threshold plus

$105,000.

third income threshold means the lower income threshold plus

$184,290.

upper income threshold means the lower income threshold plus

$274,290.

4 Activity-tested amount of CCS

(1) For the purposes of step 5 of the method statement in clause 1, the

activity-tested amount of CCS, for the sessions of care identified in

step 3 of the method statement, is the amount worked out by:

(a) for each session of care--multiplying the hourly rate of CCS

for the session by the number of hours in the session, up to

the lower of:

(i) the balance of the activity test result worked out under

subclause (2) in relation to the session; and

(ii) if the Secretary is satisfied that it is appropriate, for the

CCS fortnight, to have regard to an election (if any)

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

made under subclause (3)--the number determined in

accordance with the election; and

(b) adding the results together.

(2) The balance of the activity test result, in relation to a particular

session of care, is the individual's activity test result in relation to

the child for the CCS fortnight, reduced (but not below zero) by:

(a) the number of hours (if any) for which either of the following

is entitled to be paid CCS or ACCS for sessions of care

provided to the child in the CCS fortnight:

(i) the individual;

(ii) if the individual was a member of a couple on each day

in the CCS fortnight--the individual's partner; and

(b) the number of hours in any earlier sessions of care identified

in step 3 of the method statement.

(3) If a circumstance prescribed by the Minister's rules exists in

relation to an individual, the individual may, in a form and manner

approved by the Secretary, give the Secretary a written election for

the purposes of subparagraph (1)(a)(ii).

Part 2--Amount of ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS

(grandparent) for an individual

5 Amount of ACCS (child wellbeing), ACCS (temporary financial

hardship) or ACCS (grandparent) for an individual

If an individual is eligible for ACCS (child wellbeing), ACCS

(temporary financial hardship) or ACCS (grandparent) for at least

one session of care provided by an approved child care service to a

child in a week, work out the amount of ACCS for the individual

for the week, for sessions of care provided by the service to the

child, using the method statement in clause 1 with the following

modifications:

(a) read references to CCS as references to the kind of ACCS the

individual is eligible for (except in subclause 4(2));

(b) do not use step 2 (annual cap);

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

instead of the hourly rate of CCS;

(d) replace step 6 with this:

Step 6. The amount of ACCS for the individual for the week, for

the sessions of care identified in step 3, is the

activity-tested amount.

6 Hourly rate of ACCS (child wellbeing), ACCS (temporary

financial hardship) or ACCS (grandparent)

(1) For the purposes of paragraph 5(c), the hourly rate of ACCS for

the individual, for a session of care provided by the service to the

child in the week, is 100% of the lower of:

(a) the hourly session fee for the individual (see subclause 2(2));

and

(b) the ACCS hourly rate cap for the session.

(2) The ACCS hourly rate cap for a session of care provided by a

service to a child is the following percentage of the CCS hourly

rate cap (see subclause 2(3)) for the session:

(a) 120%;

(b) if a higher percentage applies under the Secretary's rules and

paragraph (c) does not apply--that higher percentage;

exist in relation to an individual or the individual's partner, or

the service, and makes a written determination to that effect

that applies to the session--the higher percentage specified in

the determination.

(3) A determination made under paragraph (2)(c) is not a legislative

instrument.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Part 3--Amount of ACCS (transition to work)

7 Amount of ACCS (transition to work)

If an individual is eligible for ACCS (transition to work) for at

least one session of care provided by an approved child care

service to a child in a week, work out the amount of ACCS

(transition to work) for the individual for the week, for sessions of

care provided by the service to the child, using the method

statement in clause 1 with the following modifications:

(a) read references to CCS as references to ACCS (transition to

work) (except in subclause 4(2));

(b) do not use step 2 (annual cap);

using 95% instead of the applicable percentage in clause 3;

(d) replace step 6 with this:

Step 6. The amount of ACCS (transition to work) for the

individual for the week, for the sessions of care identified

in step 3, is the activity-tested amount.

Part 4--Amount of ACCS (child wellbeing) for an

approved provider

8 Amount of ACCS (child wellbeing) for an approved provider

If an approved provider is eligible for ACCS (child wellbeing) for

at least one session of care provided by an approved child care

service of the provider to a child in a week, work out the amount of

ACCS (child wellbeing) for the provider for the week, for sessions

of care provided by the service to the child, using the following

method statement.

Method statement

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Step 1. Work out the provider's deemed activity test result for

the child and service for the CCS fortnight that includes

the week (see clause 16).

Step 2. Identify all the sessions of care:

(a)

provided by the service to the child in the week;

and

(b)

for which the provider is eligible for ACCS (child

wellbeing).

Step 3. Work out the hourly rate of ACCS for the provider for

each of those sessions of care (see clause 9).

Step 4. Work out the activity-tested amount of ACCS for those

sessions of care (see clause 10).

Step 5. The amount of ACCS (child wellbeing) for the provider

for the week, for the sessions of care identified in step 2,

is the activity-tested amount.

9 Hourly rate of ACCS for a provider

(1) For the purposes of step 3 of the method statement in clause 8, the

hourly rate of ACCS for the provider, for a session of care

provided to a child in a week, is 100% of the lower of:

(a) the hourly session fee for the provider; and

(b) the ACCS hourly rate cap for the session (see

subclause 6(2)).

(2) The hourly session fee for a provider, for a session of care

provided to a child, is the amount the provider would ordinarily

charge an individual who is eligible for CCS for the session of

care:

(a) divided by the number of hours in the session of care; and

(b) reduced by the hourly rate of any subsidy (other than CCS or

ACCS) which the provider benefits or would have benefitted

from in respect of that session.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

10 Activity-tested amount of ACCS for an approved provider

(1) For the purposes of step 4 of the method statement in clause 8, the

activity-tested amount of ACCS, for the sessions of care identified

in step 2 of the method statement, is the amount worked out by:

(a) for each session of care--multiplying the hourly rate of

ACCS for the session by the number of hours in the session

up to the balance of the deemed activity test result worked

out under subclause (2) in relation to the session; and

(b) adding the results together.

(2) The balance of the deemed activity test result, in relation to a

particular session of care, is the provider's deemed activity test

result for the child and the service for the CCS fortnight, reduced

(but not below zero) by:

(a) the number of hours (if any) for which the provider is entitled

to be paid ACCS for sessions of care provided to the child by

the service in the CCS fortnight; and

(b) the number of hours in any earlier sessions of care identified

in step 2 of the method statement.

Part 5--Activity test

Division 1--Individual's activity test result

11 Individual's activity test result

(1) For the purposes of working out an amount of CCS or ACCS for

an individual in relation to sessions of care provided to a child, an

individual's activity test result, in relation to the child, for a CCS

fortnight is:

(a) the highest of:

(i) the result specified in item 1 of the following table for

the amount; and

(ii) any other result specified in any other table item for the

amount that applies to the individual in relation to the

child; or

(b) if the individual is a member of a couple on the first day of

the CCS fortnight--the lower of the following:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(i) the result worked out in accordance with paragraph (a)

for the individual in relation to the child;

(ii) the result worked out in accordance with paragraph (a)

for the individual's partner in relation to the child,

assuming that any estimate of adjusted taxable income

that applies for the individual also applies for the

partner for the purposes of the low income result in

clause 13.

Individual's activity test result

Item

Results for amount of

CCS

Results for amount of

ACCS (child

wellbeing), ACCS

(temporary financial

hardship) or ACCS

(grandparent)

Results for amount of

ACCS (transition to

work)

recognised activity

result in clause 12

100

recognised activity

result in clause 12

low income result in

clause 13

Minister's rules result

in clause 14

Minister's rules result

in clause 14

Minister's rules result

in clause 14

child wellbeing result

in clause 15

child wellbeing result

in clause 15

exceptional

circumstances result in

this clause

exceptional

circumstances result in

this clause

exceptional

circumstances result in

this clause

Note:

See subclause (5) for an individual eligible for both CCS and ACCS in

the same CCS fortnight.

Exceptional circumstances result

(2) The exceptional circumstances result is the result specified in a

determination made under paragraph (3)(b).

(3) The exceptional circumstances result applies to an individual for a

CCS fortnight, in relation to a particular child, if the Secretary:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(a) is satisfied that exceptional circumstances exist in relation to

the individual, the individual's partner or the child; and

(b) makes a written determination to that effect that applies to

the child.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

Individual eligible for CCS and ACCS in same CCS fortnight

(5) If an individual is eligible for an amount of:

(a) CCS or ACCS (transition to work) for sessions of care

provided to a child in a week of a CCS fortnight; and

(b) ACCS (child wellbeing) or ACCS (temporary financial

hardship) for sessions of care provided to the child in the

other week (whether the first or second week) of the CCS

fortnight;

the individual's activity test result for the CCS fortnight, in relation

to the child, is the activity test result for the amount referred to in

paragraph (b).

12 Recognised activity result

(1) The recognised activity result for an individual for a CCS

fortnight, in relation to any child, is the result specified in the

following table for the individual's circumstances in the CCS

fortnight.

Recognised activity result

Item

If an individual engages in this many hours of

recognised activity in the CCS fortnight:

The result is:

fewer than 8

at least 8 and no more than 16

more than 16 and no more than 48

more than 48

100

Note:

The number of hours of recognised activity for an individual to be

counted towards the recognised activity result may be affected by

Minister's rules made for the purposes of subclause (4), or a

Secretary's determination made under subclause (5).

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

What is recognised activity

(2) An individual engages in recognised activity if the individual

engages in any one or more of the following:

(a) paid work (whether or not as an employee);

(b) a training course for the purpose of improving the

individual's work skills or employment prospects, or both;

(d) an activity prescribed by the Minister's rules, in

circumstances (if any) prescribed by those rules;

(e) an activity determined for the individual by the Secretary

under subclause (5), in circumstances (if any) specified in the

determination.

Note 1:

The definition of paid work in section 3B does not apply in relation to

paragraph (2)(a) of this clause. For the purposes of that paragraph,

paid work has its ordinary meaning.

Note 2:

For approved course of education or study, see subsection 541B(5) of

the Social Security Act 1991 and subsection 3(1) of this Act.

Associated activities

(3) An individual who engages in recognised activity mentioned in any

of paragraphs (2)(a) to (d) is taken also to engage in recognised

activity of that kind while:

(a) engaging in other activity prescribed by the Minister's rules

as being associated with recognised activity of that kind; or

(b) taking leave or another break from, or otherwise not

performing, recognised activity of that kind in circumstances

prescribed by the Minister's rules (whether or not the

individual has engaged in recognised activity of that kind

during the CCS fortnight).

Hours during which activities are engaged in

(4) For the purposes of working out the recognised activity result for

an individual who engages in recognised activity mentioned in any

of paragraphs (2)(a) to (d) during a CCS fortnight, the Minister's

rules may prescribe either or both of the following:

(a) how to work out a number of hours of recognised activity of

that kind that is taken to be counted towards the activity in

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

that fortnight (which may be more or less than the actual

number of hours during which the individual engaged in the

activity during the fortnight);

(b) a maximum number of hours that are to be counted towards

the activity in that fortnight (including a maximum number of

hours taken to be so counted by the operation of rules made

for the purposes of paragraph (a)).

Secretary's determination

(5) The Secretary may, in writing, make a determination for an

individual for the purposes of paragraph (2)(e). The determination

may also provide for any matter covered by Minister's rules that

may be made for the purposes of subclause (3) or (4) in relation to

the individual.

(6) A determination made under subclause (5) is not a legislative

instrument.

Changes in the number of hours of recognised activity

(7) In working out the recognised activity result, a change in the

number of hours of recognised activity in which an individual

engages in a CCS fortnight is to be disregarded until the CCS

fortnight immediately after the CCS fortnight in which the change

occurs.

13 Low income result

(1) The low income result is 24.

(2) The low income result applies to an individual for a CCS fortnight,

in relation to any child, if, on the first day of the CCS fortnight:

(a) there is an estimate of adjusted taxable income that, under

section 67DB of the Family Assistance Administration Act,

the Secretary is permitted to use for the purposes of making a

determination under Division 3 of Part 3A of that Act for the

individual; and

(b) the estimate is equal to or below the lower income threshold.

Note:

The meaning of this provision for members of couples is affected by

section 67DE of the Family Assistance Administration Act.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

14 Minister's rules result

(1) The Minister's rules result is the result prescribed by, or worked

out by a method prescribed by, the Minister's rules.

(2) The Minister's rules result applies to an individual for a CCS

fortnight, in relation to:

(a) a particular child--if a circumstance prescribed by the rules

exists and the application of the rules in the circumstance is

limited to the particular child; and

(b) any child--if a circumstance prescribed by the rules exists

and the application of the rules in the circumstance is not

limited to a particular child.

(3) Minister's rules made for the purposes of subclause (2) may

prescribe circumstances in relation to any or all of the following:

(a) individuals;

(b) individuals' partners;

15 Child wellbeing result

(1) The child wellbeing result is 100.

(2) The child wellbeing result applies to an individual for a CCS

fortnight, in relation to a particular child, if:

(a) the individual is eligible for CCS for a session of care

provided to the child in a CCS fortnight; and

(b) on the first day of the CCS fortnight, it has been less than 18

months since an extended child wellbeing period for the child

ended.

(3) An extended child wellbeing period for a child is a period of at

least 6 months during which instruments of either or both of the

following kinds were continuously in effect in relation to the child:

(a) a certificate given by an approved provider under

section 85CB;

(b) a determination made by the Secretary under section 85CE.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Division 2--Provider's deemed activity test result

16 Provider's deemed activity test result

(1) For the purposes of working out an amount of ACCS (child

wellbeing) under Part 4 of this Schedule for sessions of care

provided to a child by an approved child care service, the

provider's deemed activity test result, for the child and the service,

for a CCS fortnight, is the highest of the following:

(a) 100;

(b) if a circumstance prescribed by the Minister's rules exists in

relation to the child, the provider or the service and

paragraph (c) does not apply--the result prescribed by, or

worked out by a method prescribed by, the Minister's rules;

exist in relation to the child, the provider or the service and

makes a written determination to that effect that applies to

the session--the result specified in the determination.

(2) Minister's rules made for the purposes of paragraph (1)(b) may

prescribe circumstances in relation to any or all of the following:

(a) children;

(b) approved providers;

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

instrument.

42 Clause 1 of Schedule 3

Repeal the clause, substitute:

1 Adjusted taxable income relevant to family tax benefit, schoolkids

bonus and child care subsidy

An individual's adjusted taxable income is relevant to eligibility

for, and the rate or amount of, family tax benefit, schoolkids bonus

and child care subsidy.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

43 Clause 3 of Schedule 3 (heading)

Repeal the heading, substitute:

3 Adjusted taxable income of members of a couple--family tax

benefit and schoolkids bonus

44 Before subclause 3(1) of Schedule 3

Insert:

(1A) This clause applies in relation to working out eligibility for, and the

rate of, family tax benefit and schoolkids bonus.

45 After clause 3 of Schedule 3

Insert:

3AA Adjusted taxable income of members of a couple--child care

subsidy

(1) This clause applies in relation to working out eligibility for, and the

rate of, child care subsidy for the purposes of this Act in relation to

a child care decision.

(2) If an individual is a member of a couple with a TFN determination

person on the first Monday (an applicable Monday) of any CCS

fortnight to which the child care decision relates in an income year,

the individual's adjusted taxable income for that year is taken to

include:

(a) if the individual is a member of the same couple on all

applicable Mondays in the year--the TFN determination

person's adjusted taxable income for that year; or

(b) in any other case--an amount equal to the percentage of the

TFN determination person's adjusted taxable income for that

year that corresponds to the percentage of applicable

Mondays in that year on which the TFN determination person

was a member of that couple.

Note:

If paragraph (2)(b) applies in relation to a number of different TFN

determination persons during an income year, the individual's

adjusted taxable income for that year is taken to include the sum of the

amounts worked out under that paragraph for each such person.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(3) This clause is subject to clause 3A.

46 Paragraph 3A(b) of Schedule 3

Omit "child care benefit", substitute "child care subsidy".

47 Clause 2 of Schedule 4 (table items 18 to 22)

Repeal the items, substitute:

Lower income threshold

for CCS

CCS lower income

threshold

subclause 3(4) of

Schedule 2 definition

of lower income

threshold

CCS hourly rate cap

subclause 2(3) of

Schedule 2

Annual cap for CCS

CCS annual cap

subclause 1(2) of

Schedule 2

48 Subclause 3(1) of Schedule 4 (table items 18 to 22)

Repeal the items, substitute:

CCS lower

income

threshold

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$1.00

CCS hourly

rate cap

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$0.01

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

CCS annual

cap

1 July

December

highest

December

quarter before

reference

quarter (but

not earlier

than

December

quarter 2015)

$1.00

49 Subclauses 3(5) to (6C) of Schedule 4

Repeal the subclauses.

A New Tax System (Family Assistance) (Administration) Act

1999

50 Subsection 3(1)

Insert:

allocation rules means the Minister's rules prescribed under

section 198A.

51 Subsection 3(1) (definition of amount of the entitlement)

Repeal the definition.

52 Subsection 3(1)

Insert:

appropriate State/Territory body has the meaning given by

subsection 204K(7).

53 Subsection 3(1) (definition of approved centre based long

day care service)

Repeal the definition.

54 Subsection 3(1) (definition of approved child care service)

Repeal the definition, substitute:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

approved child care service has the meaning given by

section 194G.

55 Subsection 3(1)

Repeal the following definitions:

(a) definition of approved family day care service;

(b) definition of approved in-home care service.

(d) definition of approved outside school hours care service.

56 Subsection 3(1)

Insert:

approved provider means a provider for which an approval is in

effect under Division 1 of Part 8 (and does not include a provider

whose approval as a provider under that Part is suspended).

57 Subsection 3(1) (definition of audit team)

Repeal the definition, substitute:

audit team, in relation to an audit of an approved provider, means

the expert engaged to carry out the audit of the provider and any

person (other than an authorised person) assisting the expert.

58 Subsection 3(1) (definition of CCB %)

Repeal the definition.

59 Subsection 3(1)

Insert:

CCS quarter has the meaning given by subsection 67CE(3).

CCS reconciliation conditions has the meaning given by

section 103A.

60 Subsection 3(1) (definition of ceases)

Repeal the definition.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

61 Subsection 3(1)

Insert:

ceases to be enrolled has the meaning given by section 200B.

child care decision has the meaning given by section 103.

62 Subsection 3(1) (definition of child care service payment)

Repeal the definition, substitute:

child care service payment means:

(a) a fee reduction amount payable to a provider under

section 67EB; or

(b) a payment prescribed by the Minister's rules that is made to

approved providers under a scheme or program (however

described) administered by the Department.

63 Subsection 3(1) (definition of civil penalty order)

Repeal the definition.

64 Subsection 3(1) (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

65 Subsection 3(1)

Insert:

complying written arrangement has the meaning given by

subsection 200B(3).

66 Subsection 3(1) (definition of eligibility rules)

Repeal the definition.

67 Subsection 3(1) (definition of enrolled)

Repeal the definition, substitute:

enrolled has the meaning given by section 200B.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

68 Subsection 3(1)

Insert:

enrolment notice means a notice given under subsection 200A(1),

(2) or (3).

69 Subsection 3(1) (definition of executive officer)

Repeal the definition.

70 Subsection 3(1)

Insert:

fee reduction amount has the meaning given by

subsection 67EB(2).

fee reduction decision has the meaning given by

subsection 67EB(2).

first deadline has the meaning given by section 103B.

immunisation grace period has the meaning given by

subsection 67CD(9).

71 Subsection 3(1) (paragraph (b) of the definition of indexed

actual income)

Repeal the paragraph, substitute:

(b) for an individual in relation to child care subsidy--means the

amount stated for the individual in a notice under

subsection 67DD(2).

72 Subsection 3(1) (paragraph (b) of the definition of indexed

estimate)

Repeal the paragraph, substitute:

(b) for an individual in relation to child care subsidy--means the

amount stated for the individual in a notice under

subsection 67DC(2).

73 Subsection 3(1)

Insert:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

large centre-based day care provider has the meaning given by

section 4A.

74 Subsection 3(1) (definition of large long day care centre

operator)

Repeal the definition.

75 Subsection 3(1)

Insert:

listed child care information provision has the meaning given by

section 219UB.

meets the information requirements has the meaning given by

subsection 67CD(10).

person with management or control has the meaning given by

section 194F.

provider:

(a) has the meaning given by subsection 194A(1); and

(b) is affected by sections 230A and 230B.

76 Subsection 3(1) (definition of registered carer)

Repeal the definition.

77 Subsection 3(1)

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

related providers has the meaning given by subsection 4A(3).

relevant arrangement has the meaning given by

subsection 200A(3).

78 Subsection 3(1)

Repeal the following definitions:

(a) definition of reporting period;

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) definition of schooling %.

79 Subsection 3(1)

Insert:

second deadline has the meaning given by section 103C.

starts to be enrolled has the meaning given by section 200B.

statement period has the meaning given by subsection 201D(7).

80 Subsection 3(1) (paragraph (b) of the definition of TFN

claim person)

Repeal the paragraph, substitute:

(b) in relation to a claim made by a claimant for CCS, means:

(i) the claimant; and

(ii) the claimant's partner (if any) at the time the claim is

made; or

81 Subsection 3(1) (paragraph (b) of the definition of TFN

determination person)

Repeal the paragraph, substitute:

(b) for the purposes of a determination under Division 3 of

Part 3A (payment of child care subsidy and additional child

care subsidy) for an individual for a week--the individual

and anyone who was the partner of the individual on the first

Monday of the CCS fortnight to which the determination

relates; or

82 Subsection 3(1) (paragraph (b) of the definition of TFN

substitution person)

Repeal the paragraph, substitute:

(b) by an individual for CCS in substitution for an individual

who has died; or

83 Subsection 3(1)

Insert:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

withholding amount has the meaning given by

subsection 67EB(2).

84 Subsections 3(4A), (4B), (5) and (6)

Repeal the subsections, substitute:

(5) For the purposes of the family assistance law:

(a) a reference to the approved provider of a child care service or

of an approved child care service is a reference to the

provider approved in respect of the service; and

(b) a reference to the provider of a child care service is a

reference to:

(i) the provider approved in respect of the service (if any);

(ii) if a provider is not approved in respect of the service--

the provider that operates the service.

(6) For the purposes of the family assistance law:

(a) a reference to an approved child care service of a provider or

of an approved provider is a reference to a child care service

in respect of which the provider is approved; and

(b) a reference to a child care service of a provider or of an

approved provider is a reference to a child care service in

respect of which the provider is approved or which is

operated by the provider.

Note:

A provider can only be approved in respect of a service it operates.

See section 194B.

85 Section 4A

Repeal the section, substitute:

4A Large centre-based day care providers

(1) A provider is a large centre-based day care provider, for a

financial year, if, at any time in the financial year:

(a) the provider operates 25 or more approved child care services

that are centre-based day care services; or

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) the provider is one of 2 or more related providers who

together operate 25 or more approved child care services that

are centre-based day care services; or

related providers who propose to together operate, 25 or

more approved child care services that are centre-based day

care services.

(2) The Minister's rules may prescribe a number other than 25 for the

purposes of paragraphs (1)(a), (b) and (c). If the Minister's rules do

so, those paragraphs are taken to refer to the prescribed number.

(3) The providers in a group of 2 or more providers are related

providers for a financial year for the purposes of subsection (1) if,

at any time during the financial year, each provider in the group is

related to at least one other provider in the group in any of the

following ways:

(a) the providers have in common 25% or more of the persons

who are concerned in, or take part in, their management;

(b) one provider owns 15% or more of the other provider;

dividends paid by the other provider.

86 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Payment of family assistance (other than

child care subsidy and additional child care

subsidy)

87 Divisions 4 and 4AA of Part 3

Repeal the Divisions.

88 Paragraphs 66(1)(e) and (ea)

Repeal the paragraphs.

89 Paragraphs 66(1)(f), (faa), (fa) and (fb)

Repeal the paragraphs.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

90 Paragraphs 66(2)(a), (aa), (aaa) and (ab)

Repeal the paragraphs.

91 Paragraphs 66(2)(cb), (cba) and (cc)

Repeal the paragraphs.

92 After Part 3

Insert:

Part 3A--Payment of child care subsidy and

additional child care subsidy

Division 1--Introduction

67AA Simplified outline of this Part

Individuals must make a claim for CCS in order to become entitled

to be paid CCS or ACCS in relation to child care provided to a

child.

In order to become entitled to be paid ACCS (grandparent) or

ACCS (transition to work), an application is needed as well as the

claim for CCS.

The Secretary will determine whether an individual is eligible for

CCS for a child. If the individual is eligible, weekly determinations

are then made about how much (if any) CCS or ACCS is to be paid

each week.

Weekly payments are mostly made via the child care service

provider, who will pass them on to the individual (usually as a fee

reduction).

Broadly, recipients of CCS and ACCS have responsibilities to keep

the Secretary informed about changes in their circumstances that

might affect their eligibility for or entitlement to CCS or ACCS,

and to respond to requests for information.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

An approved provider who is eligible for ACCS (child wellbeing)

for a child does not need to make a claim, but does need to make a

declaration in order to become entitled to be paid the ACCS.

Providers also have responsibilities to keep the Secretary informed

and respond to requests for information.

It is also possible for individuals to claim CCS or ACCS in

substitution for an individual who has died. If an individual is

entitled to be paid such an amount, it is paid directly to the

individual.

Note:

For the constitutional basis of the provisions of this Act in relation to

child care subsidy and additional child care subsidy (including

provisions in relation to approved providers), see section 85AB of the

Family Assistance Act.

67AB Forms of CCS and ACCS

(1) An individual may, in accordance with this Part, become entitled to

be paid:

(a) CCS by fee reduction;

(b) ACCS by fee reduction;

(2) An approved provider may, in accordance with this Part, become

entitled to be paid ACCS (child wellbeing).

Division 2--Making claims

67BA Simplified outline of this Division

Claims for CCS must include particular information and be made

in a particular way. Among other things, information is needed

about bank account details and tax file numbers.

A claim that does not meet the requirements is taken not to have

been made.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

67BB Need for a claim

The only way that an individual (other than an approved provider)

can become entitled to be paid CCS or ACCS is to make a claim in

respect of a child for CCS in accordance with this Division.

Note 1:

As well as making a claim for CCS, an individual who wants to be

paid ACCS (grandparent) or ACCS (transition to work) must apply for

that kind of ACCS. See paragraphs 67CD(4)(a) and (6)(a).

Note 2:

An approved provider does not have to make a claim to be entitled to

be paid ACCS (child wellbeing), but does need to make a declaration.

See paragraph 67CH(1)(c).

67BC Who can claim

The only persons who can make a claim for CCS in accordance

with this Division are individuals.

67BD Kinds of claims

An individual may make a claim in respect of a child for CCS:

(a) by fee reduction; or

(b) in substitution for an individual who has died.

67BE When a claim is effective

A claim made by an individual in respect of a child for CCS is

effective if:

(a) the claim is made in a form and manner approved by the

Secretary; and

(b) the claim contains the information, and is accompanied by

the documents, required by the Secretary; and

the purposes of the claim; and

(d) unless paragraph (e) applies--the tax file number

requirements in section 67BH are met for the purposes of the

claim; and

(e) if the claim is for CCS in substitution for an individual who

has died--the tax file number requirements in section 67BI

are met for the purposes of the claim; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(f) if the claim is for CCS in substitution for an individual who

has died--the claim is made before the end of the income

year after the income year in which the individual died; and

(g) any other requirements in the Secretary's rules are met; and

(h) no other provision in this Division prevents the claim being

effective.

67BF Claims that are taken not to have been made

(1) A claim that is not effective is taken not to have been made.

(2) A claim is taken not to have been made if:

(a) in the claim, the individual makes a statement referred to in

subparagraph 67BG(1)(a)(ii) (about providing bank account

details); and

(b) at the end of the 28 days after the day the claim is made, the

individual has not provided the details; and

paragraph 67BG(1)(b).

(3) A claim is taken not to have been made if:

(a) in the claim or in a document accompanying it, an individual

makes a statement referred to in paragraph 67BH(1)(b) or (c)

or 67BI(1)(b) or (c) (about providing tax file number details);

and

(b) at the end of the 28 days after the claim is made, the

Commissioner of Taxation has not told the Secretary what

the individual's tax file number is; and

paragraph 67BH(3)(b) or 67BI(3)(b) exempting the

individual.

67BG Bank account requirements

For purposes of claim

(1) The bank account requirements are met for the purposes of a claim

made by an individual if:

(a) in the claim, the individual:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(i) provides details of a bank account, maintained by the

individual alone or jointly with someone else, into

which amounts of CCS or ACCS can be paid; or

(ii) makes a statement that he or she will provide details of

such a bank account within 28 days after the claim is

made; or

(b) the Secretary is satisfied that it is appropriate to exempt the

individual from the requirement in paragraph (a).

For purposes of determination

(2) The bank account requirements are met for the purposes of a

determination under Division 3 for an individual if:

(a) the Secretary has the details of a bank account, maintained by

the individual alone or jointly with someone else, into which

amounts of CCS or ACCS can be paid; or

(b) paragraph (1)(b) applies.

67BH Tax file number requirements--CCS by fee reduction

For purposes of claim

(1) The tax file number requirements in this section are met for the

purposes of a claim if one of the following statements is made in

relation to each TFN claim person:

(a) a statement, by the claimant, of the TFN claim person's tax

file number;

(b) a statement, by a TFN claim person, that the TFN claim

person:

(i) has a tax file number and has asked the Commissioner

of Taxation to tell the person what it is; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary whether the person has a tax file number and,

if the person has, what it is;

person:

(i) has an application for a tax file number pending; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(ii) authorises the Commissioner of Taxation to tell the

Secretary the outcome of the application (including if

the person withdraws the application).

(2) A statement referred to in subsection (1) must be made:

(a) if made by the claimant--in the claim; and

(b) otherwise--in a document accompanying the claim in a form

approved by the Secretary.

(3) Subsection (1) does not apply in relation to a TFN claim person if

the Secretary:

(a) is satisfied that the TFN claim person is or was the claimant's

partner and that the claimant can obtain from the person

neither the person's tax file number nor a statement referred

to in paragraph (1)(b) or (c); and

(b) makes a written determination to that effect.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

For purposes of determination

(5) The tax file number requirements in this section are met for the

purposes of a determination under Division 3 for an individual if

one of the following applies in relation to all TFN determination

persons:

(a) the Secretary knows the TFN determination person's tax file

number;

(b) a determination made under paragraph (3)(b) is in effect in

relation to the TFN determination person.

67BI Tax file number requirements--CCS in substitution for an

individual who has died

For purposes of claim

(1) The tax file number requirements in this section are met for the

purposes of a claim if one of the following statements is made in

relation to each TFN substitution person:

(a) a statement, by the claimant, of a TFN substitution person's

tax file number;

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(b) a statement, by a TFN substitution person who was the

deceased individual's partner, that the person:

(i) has a tax file number and has asked the Commissioner

of Taxation to tell the person what it is; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary whether the person has a tax file number and,

if the person has, what it is;

deceased individual's partner, that the person:

(i) has an application for a tax file number pending; and

(ii) authorises the Commissioner of Taxation to tell the

Secretary the outcome of the application (including if

the person withdraws the application).

(2) A statement referred to in subsection (1) must be made:

(a) if made by the claimant--in the claim; and

(b) otherwise--in a document accompanying the claim in a form

approved by the Secretary.

(3) Subsection (1) does not apply in relation to a TFN substitution

person if the Secretary:

(a) is satisfied that the claimant does not know the TFN

substitution person's tax file number and cannot obtain a

statement referred to in paragraph (1)(b) or (c); and

(b) makes a written determination to that effect.

(4) A determination made under paragraph (3)(b) is not a legislative

instrument.

For purposes of determination

(5) The tax file number requirements in this section are met for the

purposes of a determination under Division 3 for an individual if

one of the following applies in relation to all TFN substitution

persons:

(a) the Secretary knows the TFN substitution person's tax file

number;

(b) a determination made under paragraph (3)(b) is in effect in

relation to the TFN substitution person.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Division 3--Determinations

Subdivision A--Entitlement to be paid CCS or ACCS

67CA Simplified outline of this Division

An individual or an approved provider who is eligible for CCS or

ACCS is only entitled to be paid CCS or ACCS if the Secretary has

made a determination to that effect.

For individuals who claim in respect of a child for CCS by fee

reduction, the Secretary will make an initial determination of the

individual's eligibility for CCS for the child. Once this is in effect,

determinations are made, for each week, about the individual's

entitlement to CCS or ACCS that week.

To be entitled to be paid for a week, the individual must:

(a)

be eligible for CCS or ACCS (generally); and

(b)

meet some additional entitlement conditions.

The additional entitlement conditions mean that not everyone who

is eligible for CCS or ACCS will be entitled to be paid for every

week. In particular, individuals need to have met the CCS

reconciliation conditions for previous income years for which they

were entitled to CCS (usually these conditions are met by obtaining

a timely tax assessment) and to have kept the Secretary up to date

about changes affecting eligibility or entitlement.

Even if the Secretary determines that an individual is entitled to be

paid CCS for a week, the individual might later have to repay the

CCS if the individual does not meet the CCS reconciliation

conditions in time. (This does not apply to ACCS.)

Determinations are also made each week in relation to an approved

provider's entitlement to be paid ACCS (child wellbeing) for a

child.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

One-off determinations are made in relation to an individual's

entitlement to be paid CCS or ACCS in substitution for an

individual who has died.

67CB Entitlement to be paid CCS or ACCS

(1) An individual or an approved provider is only entitled to be paid

CCS or ACCS if the Secretary has made a determination to that

effect under this Division.

(2) The Secretary is to make determinations under this Division on the

basis of the information available to the Secretary at the time of

making the determination.

Note:

Part 5 provides for review of determinations, including in relation to

the use of information in circumstances where information becomes

available after a determination is made.

(3) At any time, an individual or an approved provider is entitled to be

paid, in accordance with this Part, the amount of CCS or ACCS (if

any) for a week specified in whichever child care decision is in

effect at the time for the week.

(4) However, an individual who is entitled to be paid CCS for sessions

of care provided to a child in a week:

(a) ceases to be entitled to be paid that CCS, and is taken never

to have been entitled to be paid that CCS, if the individual

has not met the CCS reconciliation conditions, for the income

year in which the CCS fortnight that includes the week starts,

by the first deadline for the income year; and

(b) cannot again become entitled to be paid that CCS if the

individual does not meet the CCS reconciliation conditions

for the income year by the second deadline for the income

year.

Note:

See section 105E for the determinations the Secretary is required to

make in these circumstances.

(5) Subsection (4) applies despite any other provision of this Act or the

Family Assistance Act or any determination in effect to the

contrary.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Subdivision B--Determinations for individuals claiming CCS

by fee reduction

67CC Determination of individual's eligibility for CCS by fee

reduction

Determination on effective claim

(1) If an individual makes an effective claim in respect of a child for

CCS by fee reduction, the Secretary must determine:

(a) if, when making the determination, the Secretary is satisfied

that the requirements in subparagraphs 85BA(1)(a)(i) to (iv)

of the Family Assistance Act are met in relation to the

claim--that the individual is eligible for CCS by fee

reduction for the child; and

(b) if not so satisfied--that the individual is not eligible for CCS

by fee reduction for the child.

Cessation of eligibility

(2) The Secretary may determine that an individual for whom a

determination under paragraph (1)(a) is in effect in relation to a

child is not eligible for CCS by fee reduction for the child, if any of

the following apply:

(a) the Secretary is satisfied that the individual has ceased to be

eligible, and is not reasonably likely to become eligible

again, for CCS by fee reduction for sessions of care provided

to the child;

(b) the Secretary has made determinations under

subsection 67CD(8) (the individual is not entitled to be paid

CCS or ACCS for sessions of care provided to the child) for

at least 52 consecutive weeks (otherwise than because of

subsection 105E(2));

section 6 of the Family Assistance Act more than 63 days

ago.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Cessation of eligibility on request

(3) The Secretary may determine that an individual for whom a

determination under paragraph (1)(a) is in effect in relation to a

child is not eligible for CCS by fee reduction for the child, if the

individual requests the Secretary, in a form and manner approved

by the Secretary, to do so. The Secretary may make the

determination despite the individual being eligible.

Date of effect

(4) A determination made under paragraph (1)(a):

(a) takes effect on the day specified in the determination, which

must be the first day for which the Secretary is satisfied that

the requirements in subparagraphs 85BA(1)(a)(i) to (iv) of

the Family Assistance Act are met that is also:

(i) the first Monday of a CCS fortnight; and

(ii) not more than 28 days before the day the claim was

made; and

(b) continues in effect until any of the following happens:

(i) it is superseded by a determination made under

subsection (2) or (3);

(ii) it is set aside on review;

(iii) a day or event (if any) specified in the determination as

the day or event on which the determination ceases to

have effect;

(iv) the individual dies.

(5) A determination made under paragraph (1)(b) has effect from the

day the determination is made.

(6) A determination made under subsection (2) or (3) has effect from

the day specified in the determination (which may be earlier than

the day the determination is made).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

67CD Determination of individual's entitlement to be paid CCS or

ACCS

Preconditions for making determinations

(1) The Secretary may make a determination under this section for an

individual for a week, in relation to sessions of care provided to a

child by an approved child care service, only if:

(a) a determination that the individual is eligible for CCS by fee

reduction for the child is in effect under

paragraph 67CC(1)(a) in relation to any day in the week; and

(b) the provider of the service has given the Secretary a report

under section 204B (requirement to report about children for

whom care is provided) in relation to the child for the week,

including such a report as varied, substituted or corrected

under subsection 204B(6) or section 204C; and

ago--the bank account requirements in section 67BG are met

for the purposes of a determination under this Division for

the individual; and

(d) if the individual's claim for CCS was made less than 28 days

ago--the tax file number requirements in section 67BH are

met for the purposes of a determination under this Division

for the individual; and

(e) if the Secretary gives the individual a notice under

subsection (11) in relation to the child's enrolment for those

sessions--the individual has complied with the notice.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

Entitlement to be paid CCS

(2) If the Secretary is satisfied that:

(a) the individual is eligible for CCS under section 85BA of the

Family Assistance Act for one or more of the sessions of care

provided by the service to the child in the week, or would be

eligible except that a session of care is provided on a day in

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

an immunisation grace period for the child (see

subsection (9)); and

(b) the individual meets the information requirements in

subsection (10) for the week; and

sessions of care; and

(d) the amount of CCS to which the individual will become

entitled for the sessions of care is more than nil;

the Secretary must determine:

(e) that the individual is entitled to be paid CCS for the sessions

of care referred to in paragraph (a); and

(f) the amount of CCS the individual is entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

Entitlement to be paid ACCS (child wellbeing) or ACCS

(temporary financial hardship)

(3) If the Secretary is satisfied that:

(a) the individual is eligible for ACCS under section 85CA or

85CG of the Family Assistance Act for one or more sessions

of care provided by the service to the child in the week, or

would be except that a session of care is provided on a day in

an immunisation grace period for the child (see

subsection (9)); and

(b) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

subsection (10) for the week;

the Secretary must determine:

(d) that the individual is entitled to be paid ACCS (child

wellbeing) or ACCS (temporary financial hardship) (as

applicable) for the sessions of care referred to in

paragraph (a); and

(e) the amount of ACCS the individual is entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Entitlement to be paid ACCS (grandparent)

(4) If the Secretary is satisfied that:

(a) the individual has applied to the Secretary, in a form and

manner approved by the Secretary, and within any time

period approved by the Secretary, for ACCS (grandparent) in

relation to the week; and

(b) the application contains the information, and is accompanied

by the documents, required by the Secretary; and

Family Assistance Act for one or more sessions of care

provided by the service to the child in the week, or would be

except that a session of care is provided on a day in an

immunisation grace period for the child (see subsection (9));

and

(d) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

(e) the individual meets the information requirements in

subsection (10) for the week;

the Secretary must determine:

(f) that the individual is entitled to be paid ACCS (grandparent)

for the sessions of care referred to in paragraph (c); and

(g) the amount of ACCS (grandparent) the individual is entitled

to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

(5) A determination cannot be made under subsection (4) for an

individual for a week if the CCS fortnight that includes the week

starts more than 28 days before the individual made the application

referred to in paragraph (4)(a).

Entitlement to be paid ACCS (transition to work)

(6) If the Secretary is satisfied that:

(a) the individual has applied to the Secretary, in a form and

manner approved by the Secretary, and within any time

period approved by the Secretary, for ACCS (transition to

work) in relation to the week; and

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(b) the application contains the information, and is accompanied

by the documents, required by the Secretary; and

the Family Assistance Act for one or more sessions of care

provided by the service to the child in the week, or would be

except that a session of care is provided on a day in an

immunisation grace period for the child (see subsection (9));

and

(d) there is no determination in effect under subsection 67CH(2)

that a provider is entitled to be paid ACCS (child wellbeing)

for those sessions of care; and

(e) the individual meets the information requirements in

subsection (10) for the week;

the Secretary must determine:

(f) that the individual is entitled to be paid ACCS (transition to

work) for the sessions of care referred to in paragraph (b);

and

(g) the amount of ACCS (transition to work) the individual is

entitled to be paid.

Note:

See subsection (1) for preconditions for making determinations under

this subsection.

(7) A determination cannot be made under subsection (6) for an

individual for a week if the CCS fortnight that includes the week

starts before the individual made the application referred to in

paragraph (6)(a).

No entitlement to be paid CCS or ACCS

(8) If the Secretary is not satisfied as referred to in subsection (2), (3),

(4) or (6), the Secretary must determine that the individual is not

entitled to be paid CCS or ACCS for the sessions of care provided

to the child by the service in the week.

Immunisation grace period

(9) A session of care is provided on a day in an immunisation grace

period for a child if:

(a) on the day, the child does not meet the immunisation

requirements in section 6 of the Family Assistance Act; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) the day is no more than 63 days after the day the child ceased

to meet the immunisation requirements.

Meeting the information requirements

(10) An individual meets the information requirements for a week if,

on a day in the week:

(a) either of the following apply:

(i) the bank account requirements in section 67BG are met

for the purposes of a determination under this Division

for the individual;

(ii) the Secretary made a request of the individual under

section 67FE no more than 28 days ago; and

(b) any of the following apply:

(i) the tax file number requirements in section 67BH are

met for the purposes of a determination under this

Division for the individual;

(ii) the Secretary made a request of the individual under

section 67FG no more than 28 days ago;

(iii) the Secretary made a request of the individual under

section 67FG no more than 56 days ago and a statement

of the kind referred to in paragraph 67BH(1)(b) or (c)

was provided in response within 28 days of the request;

producing a document required under Division 1 of Part 6

had ended without the individual giving the information or

producing the document--the individual has given the

information or produced the document; and

(d) if a determination was made for the individual under

section 67CD for a week in the income year (the relevant

income year) that is 2 income years before the income year

in which the CCS fortnight that includes the week starts--the

individual has met the CCS reconciliation conditions for the

relevant income year.

Notice requiring information about enrolments

(11) For paragraph (1)(e), the Secretary may, by written notice, require

an individual to give to the Secretary, in a form and manner

approved by the Secretary, information stated in the notice in

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

relation to the child's enrolment for sessions of care provided, or to

be provided, by an approved child care service.

67CE Notice of determinations under this Subdivision

Notice to individual

(1) The Secretary must give written notice to an individual for whom

any of the following determinations are made, no later than 7 days

after making the determination:

(a) a determination under section 67CC about the individual's

eligibility for CCS for a child;

(b) a determination under section 67CD about the individual's

entitlement to be paid CCS or ACCS for a week, if the

determination is different from a determination made under

that section for the individual for the previous week for any

of the following reasons:

(i) a change in the individual's applicable percentage;

(ii) a change in the individual's activity test result;

(iii) the annual cap that applies to the individual being

reached for a child for an income year.

(2) At least once every CCS quarter, the Secretary must give written

notice to an individual for whom determinations are made under

section 67CD for weeks starting in the CCS quarter.

(3) A CCS quarter is the period of 3 months starting on the first

Monday of the first CCS fortnight each January, April, July and

October.

Notice to providers

(4) The Secretary must give written notice of a determination made

under section 67CD to the provider of the child care service that

provided the sessions of care to which the determination relates, as

soon as practicable after making the determination.

(5) A notice under subsection (4) may be given to a provider by

making the notice available to the provider using an electronic

interface.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(6) If the Secretary has decided to pay the fee reduction amount in

relation to a determination under section 67CD directly to the

individual under subsection 67EC(2), the notice under

subsection (4) of this section must include a statement to that

effect.

Subdivision C--Determinations for individuals claiming CCS

or ACCS in substitution for individual who has died

67CF Determination of individual's entitlement to be paid CCS or

ACCS in substitution for individual who has died

Preconditions for making determinations

(1) The Secretary may make a determination under this section for an

individual (the substitute) only if:

(a) the substitute has made an effective claim in respect of a

child for CCS in substitution for an individual who has died;

and

(b) the provider of a child care service that provided sessions of

care to the child in a week to which the claim relates has

given the Secretary a report under section 204B (requirement

to report about children for whom care is provided) in

relation to the child for each week in which such sessions of

care were provided, including such a report as varied,

substituted or corrected under subsection 204B(6) or

section 204C; and

the purposes of a determination under this Division; and

(d) the tax file number requirements in section 67BI are met for

the purposes of a determination under this Division.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Individual entitled to be paid CCS or ACCS in substitution

(2) If the Secretary is satisfied that the substitute is eligible for an

amount of CCS or ACCS under section 85DA of the Family

Assistance Act, the Secretary must determine in writing:

(a) that the substitute is entitled to be paid CCS or ACCS in

substitution for the individual who has died; and

(b) the amount of CCS or ACCS that the substitute is entitled to

be paid.

Individual not entitled to be paid CCS or ACCS in substitution

(3) If the Secretary is not satisfied as referred to in subsection (2), the

Secretary must determine that the substitute is not entitled to be

paid CCS or ACCS in substitution for the individual who has died.

67CG Notice of determinations under this Subdivision

The Secretary must give written notice to an individual for whom a

determination is made under section 67CF about the individual's

entitlement to be paid CCS or ACCS in substitution for an

individual who has died, no later than 7 days after making the

determination.

Subdivision D--Determinations for approved providers

67CH Determination of provider's entitlement to be paid ACCS

(child wellbeing)

Preconditions for making determinations

(1) The Secretary must make a determination under this section for an

approved provider for a week, in relation to sessions of care

provided by an approved child care service of the provider to a

child, if:

(a) either of the following is in effect in relation to the child for

the week:

(i) a certificate given by the provider under section 85CB

of the Family Assistance Act;

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(ii) a determination made by the Secretary under

section 85CE of the Family Assistance Act; and

(b) the provider has given the Secretary a report for the week

under section 204B (requirement to report about children for

whom care is provided) in relation to the child, including

such a report as varied, substituted or corrected under

subsection 204B(6) or section 204C; and

approved by the Secretary, that the provider has made

reasonable endeavours to identify an individual who is

eligible for ACCS (child wellbeing) for the sessions of care

and has not been able to identify anyone.

Note:

For paragraph (b), the report must be given in accordance with

subsection 204B(2), and is not given in accordance with that

subsection unless the required information is accurate and complete

(see subsection 204B(3)).

Provider entitled to be paid ACCS (child wellbeing)

(2) If the Secretary is satisfied that the provider is eligible for ACCS

under subsection 85CA(2) of the Family Assistance Act for

sessions of care provided to the child in the week, the Secretary

must determine in writing:

(a) that the provider is entitled to be paid ACCS (child

wellbeing) for those sessions of care; and

(b) the amount of ACCS (child wellbeing) that the provider is

entitled to be paid.

Provider not entitled to be paid ACCS (child wellbeing)

(3) If the Secretary is not satisfied as referred to in subsection (2), the

Secretary must determine in writing that the provider is not entitled

to be paid ACCS (child wellbeing) for those sessions of care.

67CI Notice of determinations under this Subdivision

(1) The Secretary must give written notice of a determination made

under this Subdivision to the approved provider for whom the

determination was made as soon as practicable.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(2) A notice under subsection (1) may be given to an approved

provider by making the notice available to the provider using an

electronic interface.

Division 4--Estimates etc. of adjusted taxable income

67DA Simplified outline of this Division

To work out the amount of CCS an individual is entitled to be paid

for a week, it is necessary to know the individual's adjusted taxable

income for the income year the week relates to.

The final amount of the individual's income for the income year

usually cannot be known until after the income year has ended.

In the meantime, the Secretary is able to rely on an estimate

provided by the individual, or on an indexed estimate or the

indexed actual income of an earlier income year. Or, the individual

can make an election that means the individual's weekly amount of

CCS is paid on a particular basis throughout the year.

After the individual meets the CCS reconciliation conditions, any

underpayment to the individual will generally be topped up and

any overpayments become debts due to the Commonwealth.

67DB Determinations when adjusted taxable income is not known

Determinations under section 67CD

(1) This section applies if, at the time of making a determination under

section 67CD for a week in a CCS fortnight, for an individual who

is not eligible for any kind of ACCS, the individual has not met the

CCS reconciliation conditions.

Estimate

(2) The Secretary may make the determination under section 67CD on

the basis of the most recent of whichever of the following

estimates (if any) exists on the first Monday of the CCS fortnight:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(a) a reasonable estimate given to the Secretary by the

individual;

(b) the indexed estimate stated in a notice given to the individual

under section 67DC and with a start day that has arrived or

passed;

individual under section 67DD and with a start day that has

arrived or passed;

(d) the estimate the individual is taken to have given the

Secretary under subsection (4) because of an election made

under subsection (3).

(3) An individual may give the Secretary a written election, in a form

and manner approved by the Secretary, of a percentage between

20% and 50% (inclusive).

(4) If the individual gives an election, the individual is taken, from the

first day of the next CCS fortnight, to have given the Secretary an

estimate that the individual's adjusted taxable income is an amount

of adjusted taxable income which would, if working out an

applicable percentage under subclause 3(3) of Schedule 2, result in

an applicable percentage equal to the percentage specified in the

election.

Note:

This means that the individual's applicable percentage will be the

percentage specified in the election and the annual cap will apply. The

determination will be reviewed using actual adjusted taxable income

as long as the individual meets the CCS reconciliation conditions

within 2 income years after the relevant income year.

No estimate

(5) If none of the estimates referred to in subsection (2) exists on the

first Monday of the CCS fortnight, the Secretary must determine

under subsection 67CD(8) that the individual is not entitled to be

paid CCS or ACCS.

67DC Indexed estimates

(1) The Secretary may calculate an indexed estimate for an individual

under subsection (5), with a start day chosen by the Secretary, if:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(a) the individual, or the individual's partner, is a claimant for

CCS by fee reduction; and

(b) a determination is in effect under paragraph 67CC(1)(a) that

the claimant is eligible for CCS for a child; and

individual needed to make a determination under Division 3

for the claimant is not known; and

(d) the claimant has given the Secretary an estimate of the

amount needed that the Secretary considers to be reasonable.

(2) If the Secretary calculates an indexed estimate for the individual,

the Secretary may give the claimant a notice:

(a) stating the indexed estimate for the individual; and

(b) specifying the start day used in the Secretary's calculation

(which must be the first day of a CCS fortnight at least 14

days after the day the notice is given).

(3) The Secretary must not give a notice under subsection (2) stating

an indexed estimate for the individual with a start day in an income

year if the Secretary has already given a notice under

subsection (2) stating an indexed estimate for that individual with a

start day in the same income year.

(4) A notice given to a claimant under subsection (2) stating an

indexed estimate for an individual has no effect if, before the start

day specified in the notice for the indexed estimate, the Secretary

gives the claimant a notice under subsection 67DD(2) stating an

indexed actual income for the same individual. Any such notice

under subsection 67DD(2) must specify a start day that is no earlier

than the start day specified in the superseded notice.

(5) Calculate an indexed estimate (which may be nil) for the individual

by multiplying the individual's current ATI number (see

subsection (6)) by the indexation factor, rounding the result to the

nearest dollar and rounding 50 cents upwards. The indexation

factor is the greater of 1 and the factor worked out to 3 decimal

places as follows (increasing the factor by 0.001 if it would, if

worked out to 4 decimal places, end in a number greater than 4):

AWE for the reference period in the most recent November

AWE for the reference period in the highest previous November

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

where:

AWE means the amount published by the Australian Statistician in

a document titled "Average Weekly Earnings" under the headings

"Average Weekly Earnings, Australia--Original--Persons--All

employees total earnings" (or, if any of those change, in a

replacement document or under replacement headings).

highest previous November means the November in which, of all

the Novembers from November 2004 to the November before the

most recent November (inclusive), AWE was the highest.

most recent November means the November of the income year

before the income year in which the start day occurs.

reference period, in a particular November, means the period

described by the Australian Statistician as the last pay period

ending on or before a specified day that is the third Friday of that

November.

(6) For the purposes of subsection (5), the individual's current ATI

number is:

(a) if, at the time of calculation, the Secretary has given the

claimant a notice under subsection 67DD(2) stating an

indexed actual income for the individual with a start day that

has not arrived--the indexed actual income stated in the

notice; or

(b) if paragraph (a) does not apply and the individual is the

claimant--the amount the Secretary is permitted to use for

the individual under section 67DB (disregarding the effect

for couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act); or

claimant's partner--the amount the Secretary would be

permitted to use for the individual under section 67DB if the

individual were the claimant (disregarding the effect for

couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act).

(7) A notice under subsection (2) is not a legislative instrument.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

67DD Indexed actual incomes

(1) The Secretary may calculate an indexed actual income for an

individual under subsection (4), with a start day chosen by the

Secretary, if:

(a) the individual, or the individual's partner, is a claimant for

CCS by fee reduction; and

(b) a determination is in effect under paragraph 67CC(1)(a) that

the claimant is eligible for CCS; and

individual needed to make a determination under Division 3

for the claimant is not known; and

(d) the most recent such determination made for the claimant

was made on the basis of an indexed estimate or an indexed

actual income; and

(e) since the claimant was last given a notice under

subsection 67DC(2) or subsection (2) of this section stating

an indexed estimate or indexed actual income for an

individual, the claimant has not given the Secretary an

estimate of the claimant's adjusted taxable income that the

Secretary considers to be reasonable; and

(f) the adjusted taxable income for an income year (actual

income) of the individual (disregarding the effect for couples

of clause 3 of Schedule 3 to the Family Assistance Act)

becomes known to the Secretary and it is the most recent

income year for which the individual's actual income is

known to the Secretary.

(2) If:

(a) the Secretary calculates an indexed actual income for the

individual; and

(b) the indexed actual income is greater than the individual's

current ATI number (see subsection (5));

the Secretary may give the claimant a notice:

(d) specifying the start day used in the Secretary's calculation

(which must be the start of a CCS fortnight at least 14 days

after the day the notice is given).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(3) A notice given to a claimant under subsection (2) stating an

indexed actual income for an individual has no effect if, before the

start day specified in the notice, the Secretary gives the claimant

another notice under that subsection or a notice under

subsection 55AA(2) stating an indexed estimate or indexed actual

income for the same individual. Any other such notice must

specify a start day that is no earlier than the start day specified in

the superseded notice.

(4) Calculate an indexed actual income (which may be nil) for the

individual by multiplying the actual income of the individual

which became known to the Secretary by the indexation factor,

rounding the result to the nearest dollar and rounding 50 cents

upwards. The indexation factor is the greater of 1 and the factor

worked out to 3 decimal places as follows (increasing the factor by

0.001 if it would, if worked out to 4 decimal places, end in a

number greater than 4):

AWE for the reference period in the most recent November

AWE for the reference period in the highest previous November

where:

AWE means the amount published by the Australian Statistician in

a document titled "Average Weekly Earnings" under the headings

"Average Weekly Earnings, Australia--Original--Persons--All

employees total earnings" (or, if any of those change, in a

replacement document or under replacement headings).

highest previous November means the November in which, of all

the Novembers from November 2004 to the November before the

most recent November (inclusive), AWE was the highest.

most recent November means the November of the income year

before the income year in which the start day occurs.

reference period, in a particular November, means the period

described by the Australian Statistician as the last pay period

ending on or before a specified day that is the third Friday of that

November.

(5) For the purposes of paragraph (2)(b), the individual's current ATI

number is:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(a) if, at the time of calculation, the Secretary has given the

claimant a notice under subsection 67DC(2) or subsection (2)

of this section stating an indexed estimate or indexed actual

income for the individual with a start day that has not

arrived--the indexed estimate or indexed actual income

stated in the notice; or

(b) if paragraph (a) does not apply and the individual is the

claimant--the amount the Secretary is permitted to use for

the individual under section 67DB (disregarding the effect

for couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act); or

claimant's partner--the amount the Secretary would be

permitted to use for the individual under section 67DB if the

individual were the claimant (disregarding the effect for

couples of section 67DE of this Act and clause 3 of

Schedule 3 to the Family Assistance Act).

(6) A notice under subsection (2) is not a legislative instrument.

67DE Indexed estimates and indexed actual incomes for members of

couples

(1) This section applies in relation to any individual who is a member

of a couple.

(2) For the purposes of this Act or the Family Assistance Act, any

reference to a determination under section 67CD being made on

the basis of an indexed estimate, or an indexed actual income, for

an individual or stated in a notice, is affected by subsection (3).

(3) The reference is taken to be a reference to the determination being

made on the basis of the indexed estimate, or the indexed actual

income, for that individual or stated in that notice, combined with:

(a) the indexed estimate or indexed actual income for the

individual's partner stated in a notice given to:

(i) if the individual is the claimant for CCS or ACCS

(grandparent)--the individual; or

(ii) if the individual is the partner of the claimant--the

individual's partner;

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

under subsection 67DC(2) or 67DD(2) with the most recent

start day that has arrived or passed; or

(b) if there is no such indexed estimate or indexed actual

income--a reasonable estimate of the adjusted taxable

income of the individual's partner (disregarding the effect of

clause 3 of Schedule 3 to the Family Assistance Act) that has

been given to the Secretary by the individual.

Division 5--Payments

67EA Simplified outline of this Division

If an individual is entitled to be paid CCS or ACCS by fee

reduction for sessions of care provided to a child in a week:

(a)

the Secretary pays the amount to the provider of the

child care service (less a withholding amount in the case

of CCS); and

(b)

the provider must pass on the amount to the individual

within 14 days (whether as a fee reduction or in any

other way). The provider's obligation to pass on the

amount is dealt with in section 201A.

If the individual does not receive their full entitlement in this way,

the entitlement is paid directly to them, though usually not until

after the CCS reconciliation conditions are met.

Approved providers who are entitled to be paid ACCS (child

wellbeing), and individuals who are entitled to be paid CCS or

ACCS in substitution for an individual who has died, are paid their

entitlements directly.

67EB Payments to providers of individuals' entitlements to CCS or

ACCS by fee reduction

(1) If a fee reduction decision is made for an individual in relation to

sessions of care provided by a child care service to a child, the

Secretary must pay the fee reduction amount for the decision to the

credit of a bank account nominated and maintained by the provider

of the service.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

Note:

However, the Secretary may instead pay the fee reduction amount

directly to the individual (see subsection 67EC(2)).

(2) The following table sets out the decisions that are fee reduction

decisions and the amount that is the fee reduction amount for each

such decision. A reference to a provider being given notice of a fee

reduction decision is a reference to the provider being given notice

of the decision under the provision specified for the decision in the

table.

Fee reduction decisions and fee reduction amounts

Item

Fee reduction decision

Fee reduction

amount

Notice of the

decision

a determination made under

subsection 67CD(2) of an amount of

CCS the individual is entitled to be paid

for sessions of care provided by a service

to a child in a week, if made while the

child is still enrolled for care by the

service

the amount of

CCS the

individual is

entitled to be

paid less the

withholding

amount for the

payment

subsection 67

CE(4)

a determination made under

subsection 67CD(3), (4) or (6) of an

amount of ACCS the individual is

entitled to be paid for sessions of care

provided by a service to a child in a

week, if made while the child is still

enrolled for care by the service

the amount of

ACCS the

individual is

entitled to be

paid

subsection 67

CE(4)

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

Fee reduction decisions and fee reduction amounts

Item

Fee reduction decision

Fee reduction

amount

Notice of the

decision

a decision on review under Part 5 of this

Act or under the AAT Act that has the

effect that the amount of CCS an

individual is entitled to be paid for

sessions of care provided by a service to

a child in a week in a CCS fortnight is

increased (including from nil), if the

decision is made:

(a) before the individual meets the CCS

reconciliation conditions for the

income year in which the CCS

fortnight starts; and

(b) while the child is still enrolled for

care by the service

the amount by

which the

entitlement is

increased, less

the

withholding

amount for the

payment

subsection

106A(2) or

109B(2A) or

section 136

a decision on review under Part 5 of this

Act or under the AAT Act that has the

effect that the amount of ACCS an

individual is entitled to be paid for

sessions of care provided by a service to

a child in a week in a CCS fortnight is

increased (including from nil), if the

decision is made:

(a) before the individual meets the CCS

reconciliation conditions for the

income year in which the CCS

fortnight starts; and

(b) while the child is still enrolled for

care by the service

the amount by

which the

entitlement is

increased

subsection

106A(2) or

109B(2A) or

section 136

(3) The withholding amount, for a payment, is the following

percentage of the payment:

(a) 10%;

(b) if the Minister's rules prescribe a different percentage and

paragraph (c) does not apply--the prescribed percentage;

individual--the percentage specified in the determination.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(4) The Secretary may make a determination specifying a percentage

for an individual for the purposes of paragraph (3)(c), if the

Secretary is satisfied that the percentage is appropriate to manage a

debt that has been or might be incurred by the individual under

Part 4.

(5) A determination made under subsection (4) is not a legislative

instrument.

(6) This section is subject to:

(a) subsection 67EC(2) (direct payment to individuals); and

(b) Part 4 (overpayments and debt recovery); and

(d) section 205B (setting off business continuity payments).

67EC Payment directly to individuals of entitlements to CCS or

ACCS

Before CCS reconciliation conditions met

(1) If:

(a) a decision is made for an individual in relation to sessions of

care provided by an approved child care service to a child;

and

(b) the decision would be a fee reduction decision except that the

child is not enrolled for care by the service when the decision

is made;

the Secretary must pay the amount that would have been the fee

reduction amount for the decision, in accordance with

subsection (5):

(d) if the Secretary considers it appropriate--to another person:

(i) on the individual's behalf; or

(ii) to discharge or set off an obligation of the individual to

the other person.

(2) If:

(a) a fee reduction decision is made for an individual in relation

to sessions of care provided by an approved child care

service to a child; and

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(b) the Secretary considers that it is appropriate in the

circumstances;

the Secretary may pay the fee reduction amount directly to the

individual in accordance with subsection (5) instead of under

subsection 67EB(1) (payment to credit of approved provider's

bank account).

Fee reduction amounts not passed on

(3) If a provider:

(a) remits a fee reduction amount to the Secretary in accordance

with paragraph 201A(1)(b); or

(b) incurs a debt to the Commonwealth under section 71D in

relation to a fee reduction amount;

the Secretary may pay the fee reduction amount directly to the

individual in accordance with subsection (5).

After CCS reconciliation conditions met

(4) If:

(a) an individual is entitled to be paid CCS or ACCS by fee

reduction for sessions of care provided by an approved child

care service in CCS fortnights starting in an income year (the

relevant income year); and

(b) the individual meets the CCS reconciliation conditions for

the relevant income year no later than the second deadline for

the relevant income year; and

provider of the service to the individual under section 201A,

for fee reduction decisions for weeks in CCS fortnights

starting in the relevant income year, is less than the total

amount of CCS or ACCS the individual is entitled to be paid

for those weeks;

the Secretary must pay so much of the difference as has not already

been paid under subsection (1), (2) or (3) to the individual under

subsection (5).

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

How amounts are to be paid under this section

(5) The whole or any part of an amount mentioned in subsection (1),

(2), (3) or (4) must be paid at such time as the Secretary considers

appropriate:

(a) to the credit of a bank account nominated and maintained by:

(i) the individual; or

(ii) if the amount is to be paid to another person under

paragraph (1)(b)--the other person; or

(b) if the Secretary so directs--in a different way.

(6) Without limitation, the Secretary may consider that it is not

appropriate to make a payment under subsection (1), (2) or (3) until

after the individual meets the CCS reconciliation conditions for the

income year in which the CCS fortnight that includes the week to

which the payment relates starts.

Provisions this section is subject to

(7) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) Division 3 of Part 8B (payments to payment nominees).

67ED Payment of CCS or ACCS in substitution for an individual

who has died

(1) If an individual is entitled to be paid CCS or ACCS in substitution

for an individual who has died, the Secretary must pay the amount

of the entitlement, at such time as the Secretary considers

appropriate and to the credit of a bank account nominated and

maintained by the individual.

(2) The Secretary may direct that the whole or part of the amount is to

be paid in a different way. If the Secretary does so, the amount

must be paid in accordance with the direction.

(3) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) Division 3 of Part 8B (payments to payment nominees).

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

67EE Payments to provider in respect of provider's own entitlement

to be paid ACCS (child wellbeing)

(1) If a provider is entitled to be paid an amount of ACCS (child

wellbeing) for sessions of care provided to a child in a week, the

Secretary must pay the amount, at such time as the Secretary

considers appropriate and to the credit of a bank account

nominated and maintained by the provider.

(2) This section is subject to:

(a) Part 4 (overpayments and debt recovery); and

(b) paragraph 195H(1)(f) (suspension of payments); and

Division 6--Giving information

67FA Simplified outline of this Division

Individuals who are eligible for CCS or ACCS have a duty to keep

the Secretary informed about changes of circumstances that might

affect their eligibility or entitlement.

The Secretary may also request individuals from time to time to

give information relevant to their eligibility or entitlement.

Providers have a duty to notify the Secretary if they consider that a

child who has been considered to be at risk of serious abuse or

neglect is not at risk. The Secretary may also request them to give

information about various matters.

67FB Notice of change of circumstances: individuals

(1) An individual must notify the Secretary as soon as practicable, in a

manner set out in a notice given to the individual under

section 67FD, if:

(a) a determination is in effect under paragraph 67CC(1)(a) that

the individual is eligible for CCS for a child; and

(b) any of the following happens:

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

(i) an event that causes the individual to cease to be eligible

for CCS for sessions of care provided by an approved

child care service to the child;

(ii) if the individual was eligible for a kind of ACCS--an

event that causes the individual to cease to be eligible

for that kind of ACCS for sessions of care provided by

an approved child care service to the child;

(iii) an event that affects whether the individual is entitled to

be paid CCS or a kind of ACCS, or the amount of CCS

or ACCS the individual is entitled to be paid, for the

child;

(iv) the individual becomes aware that an event referred to

in subparagraph (i), (ii) or (iii) is likely to happen.

(2) An individual commits an offence if the individual contravenes

subsection (1).

Penalty: Imprisonment for 6 months.

(3) Subsection (1) does not require an individual who has been eligible

for ACCS (transition to work) to notify the Secretary of the end of

the 12 week period referred to in paragraph 85CK(2)(b) of the

Family Assistance Act.

67FC Notice if child not at risk of serious abuse or neglect:

providers

(1) An approved provider must notify the Secretary as soon as

practicable, in a manner set out in a notice given to the provider

under section 67FD, if:

(a) a certificate given by the provider under section 85CB

(certification for ACCS (child wellbeing)) of the Family

Assistance Act is in effect in relation to a child for a week;

and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week; and

the Family Assistance Act has passed.

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(2) An approved provider must notify the Secretary as soon as

possible, in a manner set out in a notice given to the provider under

section 67FD, if:

(a) the provider knows that a determination made by the

Secretary under section 85CE (determination for ACCS

(child wellbeing)) of the Family Assistance Act is in effect in

relation to a child for a week; and

(b) the provider considers that the child is not at any risk of

serious abuse or neglect during the week.

(3) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 60 penalty units.

(4) Subsection (1) and (2) apply even if the certificate or determination

has ceased to have effect.

67FD Manner of notifying change of circumstances

(1) The Secretary must approve a manner of notification to be used to

notify the Secretary of matters required to be notified under

sections 67FB and 67FC.

(2) The Secretary must give individuals to whom section 67FB applies

and approved providers to whom section 67FC applies written

notice of the approved manner.

67FE Request for bank account details

If:

(a) a determination is in effect under paragraph 67CC(1)(a) that

an individual is eligible for CCS for a child; and

(b) the Secretary is satisfied that the Secretary does not have the

details of a bank account, maintained by the individual alone

or jointly with someone else, into which amounts of CCS or

ACCS can be paid;

the Secretary may, by written notice given to the individual,

request the individual to give the Secretary the details of such a

bank account within 28 days of the request.

Schedule 1 Main amendments

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

No. , 2016

67FF Request for tax file number etc. in claim forms

(1) The Secretary may request, in a claim form for CCS by fee

reduction, that a statement of the kind referred to in

paragraph 67BH(1)(a), (b) or (c) be made in relation to each TFN

claim person.

(2) The Secretary may request, in a claim form for CCS in substitution

for an individual who has died, that a statement of the kind referred

to in paragraph 67BI(1)(a), (b) or (c) be made in relation to each

TFN substitution person.

67FG Request for tax file number etc. of TFN determination

persons

(1) If:

(a) a determination is in effect under paragraph 67CC(1)(a) that

an individual is eligible for CCS for a child; and

(b) the Secretary is satisfied that the tax file number

requirements in section 67BH are not met for the purposes of

a determination under Division 3 for the individual;

the Secretary may, by written notice given to the individual,

request that a statement of the kind referred to in

paragraph 67BH(1)(a), (b) or (c) be made in relation to a specified

TFN determination person within 28 days of the request.

(2) For the purposes of subsection (1), a reference in

subsection 67BH(1) to:

(a) the claimant--is taken to be a reference to the individual; and

(b) a TFN claim person--is taken to be a reference to a TFN

determination person.

67FH Request for information about care provided

(1) The Secretary may, by written notice given to the approved

provider of a child care service, require the provider to give the

Secretary information in relation to any aspect of care provided or

expected to be provided by the service.

(2) The notice must:

Main amendments Schedule 1

No. , 2016

Family Assistance Legislation Amendment (Jobs for Families Child

Care Package) Bill 2016

(a) specify the period in relation to which, or the intervals at

which, the information is to be provided; and

(b) be given in a form and manner approved by the Secretary.

(3) Information given in response to the notice must be given in a form

and manner approved by the Secretary.

67FI Request for information in relation to eligibility or entitlement

for CCS or ACCS

The Secretary may, by written notice given to an individual for

whom a determination is in effect under paragraph 67CC(1)(a) that

the individual is eligible for CCS for a child, request the individual

to give the Secretary, before the end of the period specified in the

notice, the information specified in the notice in relation to the

individual's present or future eligibility or entitlement for CCS or

ACCS.

Division 7--Payment protection and garnishee orders

67GA Simplified outline of this Division

Generally, a payment of CCS or ACCS is protected, subject to

some exceptions related to debt management and payment to

nominees.

Commonwealth of Australia Bills

FAMILY ASSISTANCE LEGISLATION AMENDMENT (JOBS FOR FAMILIES CHILD CARE PACKAGE) BILL 2016