Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831648125.pdf (New Zealand)
Reprint as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 (SR 2004/268) Pursuant to section 132AC of the Social Security Act 1964, Her Ex­ cellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Part 1 Provisions applying generally Interpretation Child not eligible for both childcare subsidy and OSCAR subsidy Hours to be calculated weekly Childcare assistance not payable in respect of certain hours Assistance to be no more than hourly fee payable Page 3 3 3 6 6 7 7 5A 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Ministry of Social Development.
1 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 Assistance may continue if caregiver not working because of illness, injury, or disability Assistance may continue if caregiver changes employment Absence of child to be notiﬁed Payment of assistance during child’s absence Applications and evidence Part 2 Childcare subsidy Eligibility of child for payment of childcare subsidy Childcare subsidy available only if payable under regulation 14, 16, or 17 Payment of childcare subsidy if principal caregiver engaged in approved activity Activities in respect of which childcare subsidy available under regulation 14 Payment of childcare subsidy if principal caregiver not engaged in approved activity but has serious disability or illness Payment of childcare subsidy if principal caregiver neither engaged in approved activity nor has serious disability or illness Rate of childcare subsidy Childcare subsidy usually payable to service Part 3 Out­of­school care and recreation subsidy OSCAR subsidy Eligibility of child for payment of OSCAR subsidy OSCAR subsidy available only if payable under regulation 22 or regulation 22A Activities in respect of which OSCAR subsidy available under regulation 22 Payment of OSCAR subsidy if principal caregiver engaged in approved activity Payment of OSCAR subsidy if principal caregiver has serious disability or illness OSCAR subsidy payable to provider or principal caregiver Rate of OSCAR subsidy Approval of OSCAR programmes Approval of programmes 8 8 9
of OSCAR programmes Approval of programmes 20A 21 22 22A 23 24 25 2 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 1 r 3 26 27 Suspension and revocation of approvals Matters to be considered before programmes approved or approvals suspended or revoked Part 4 Miscellaneous Overpayments 28 Recovery of overpayments Transitional provisions 29 30 Subsidies granted before commencement of regulations Approvals given before commencement of regulations Schedule Rates of childcare and OSCAR subsidies 17 18 18 19 20 20 1 2 3 (1) Title These regulations are the Social Security (Childcare Assist­ ance) Regulations 2004.
Commencement These regulations come into force on 4 October 2004.
Part 1 Provisions applying generally Interpretation In these regulations, unless the context otherwise requires,— applicant means a person who has applied for childcare as­ sistance under regulation 11, and includes a person to whom childcare assistance has been granted approved activity — in Part 2, means an activity listed in regulation 15; and (a) in Part 3, means an activity listed in regulation 21 (b) approved early­childhood care arranger means a service— that is a chartered care arranger or a licensed home­ (a) based education and care service within the meaning of Part 26 of the Education Act 1989; and 3 Part 1 r 3 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 (b) that charges a uniform monetary fee for the participa­ tion of children in the schemes of home­based care it arranges approved early­childhood education service means a ser­ vice— (a) that is— (i) an early childhood centre licensed under the Education (Early Childhood Centres) Regulations 1998 or an early childhood edu­ cation and care service licensed under the Edu­ cation (Early Childhood Services) Regulations 2008; or a Kohanga Reo chartered by Te Kohanga Reo National Trust; and (ii) (b) that charges a uniform monetary fee for the participa­ tion of children in the programmes of early­childhood education it provides approved early­childhood programme means— (a) a programme of early­childhood education provided by an approved early­childhood education service; or care provided under a home­based care scheme ar­ ranged by an approved early­childhood care arranger (b) approved early­childhood programme: paragraph (b) of this deﬁnition was amended, as from 1 August 2005, by regulation 3 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179) by omitting the words “(not being care provided in the home of the child concerned)”.
childcare assistance means a childcare subsidy or an OSCAR subsidy childcare subsidy means the subsidy of the kind provided for in Part 2 eligible child — (a) in Part 2 means a child for whom a childcare subsidy may be paid by virtue of regulation 12; and in Part 3 means a child for whom an OSCAR subsidy may be paid by virtue of regulation 20 (b) household income, in relation to a child or the child’s princi­ pal caregiver, means the sum of— (a) the total income of the child’s principal caregiver; and 4 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 1 r 3 (b) whether or not he or she is also the child’s other care­ giver, the total income of the spouse (if any) of the child’s principal caregiver (b) job seeker agreement means an agreement of the kind de­ scribed in section 105A of the principal Act OSCAR programme,— (a) means a programme for children’s out­of­school care and recreation approved under regulation 25; and subject to regulation 30, includes a programme for chil­ dren’s out­of­school care and recreation approved by the chief executive of the Department of Child, Youth, and Family Services before the commencement of these regulations for the purpose of the granting of the special assistance that before that commencement was known as the OSCAR subsidy OSCAR subsidy (except in the deﬁnition in this subclause of OSCAR programme) means the out­of­school care and recreation subsidy provided for in Part 3 other caregiver, in relation to a child, means a person
 who— lives together with the child’s principal caregiver; and (a) is a parent, step­parent, or person having the responsi­ (b) bilities of a parent, of the child principal Act means the Social Security Act 1964 serious disability or illness,— (a) in relation to deciding whether a person should be granted childcare assistance because he or she, or some other person has a serious disability or illness, means a physical, medical, psychological, or psychiatric con­ dition that— (i) reduces (as the case may be)
 his or her or the other person’s independent function; and (ii) is likely to continue for more than 6 months; but in relation to deciding whether childcare assistance granted to a person because he or she, or some other person has a serious disability or illness should continue to be paid, means a physical, medical, psychological, or psychiatric condition that reduces (as the case may be) his or her or the other person’s independent function (b) 5 Part 1 r 4 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 tertiary educational institution means an institution within the meaning of section 159(1) of the Education Act 1989 total income, in relation to a child’s caregiver, means the sum of— (a) (b) the caregiver’s income; and the amount of any beneﬁt (other than childcare assist­ ance, a child disability allowance, an orphan’s beneﬁt, or an unsupported child’s beneﬁt) received by the care­ giver; and the amount of any child support received under the Child Support Act 1991 by the caregiver (c) week means a period of 7 days commencing at midnight on a Sunday.
For the purposes of the deﬁnitions of approved early­child­ hood care arranger and approved early­childhood educa­ tion service in subclause (1), an arranger or service charges a uniform monetary fee for the participation of children even if, in the case of families with 2 or more children participating, it charges for a second or further child a uniform fee less than the uniform fee charged for a ﬁrst or only child.
In these regulations, terms deﬁned in section 3(1) of the prin­ cipal Act have the meanings so deﬁned.

Regulation 3(1) approved early­childhood care arranger paragraph (a): amended, on 1 December 2008, by regulation 4(1) of the Social Security (Childcare Assistance) Amendment Regulations (No 2) 2008 (SR 2008/206).
Regulation 3(1) approved early­childhood education service paragraph (a)(i): amended, on 1 December 2008, by regulation 4(2) of the Social Security (Child­ care Assistance) Amendment Regulations (No 2) 2008 (SR 2008/206).

Child not eligible for both childcare subsidy and OSCAR subsidy In relation to any period, payments may be made under a child­ care subsidy granted for a child or an OSCAR subsidy granted for that child, but not under both.
Hours to be calculated weekly The hours an eligible child participates in an approved early­ childhood programme or OSCAR programme must be calcu­ lated by the week.
(2) (3) 4 5 6 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 1 r 6 5A Childcare assistance not payable in respect of certain hours Childcare assistance is not payable in respect of any hour of a child’s participation in an approved early­childhood programme or OSCAR programme if, for that hour, payment other than childcare assistance is made towards the costs of the child’s participation in the programme through a funding programme— (a) that is provided by the Government in order to purchase hours of childcare; and under which the amount provided per hour for childcare exceeds the hourly rate of childcare assistance as calcu­ lated under regulation 6.
(b) Regulation 5A was inserted, as from 1 August 2005, by regulation 4 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179).
6 (1) Assistance to be no more than hourly fee payable The hourly rate of childcare assistance paid in respect of a child’s participation in an approved early­childhood pro­ gramme or OSCAR programme must be— (a) no more than the actual hourly fee payable (or, if sub­ clause (2) applies, the averaged hourly fee payable) for that participation; or (b) where regulation 10 applies, the higher of the fee charged for keeping open the child’s place in the pro­ gramme and the hourly fee calculated under paragraph (a).
(1A) For the purposes of subclause (1), the actual hourly fee payable for a child’s participation in a programme does not include any payment made by a person other than the applicant towards the fee payable in respect of that child’s participation in the programme.
If a periodic ﬂat fee is payable for a child’s participation in a programme, or for keeping open a child’s place in a pro­ gramme, the averaged hourly fee payable for the purposes of subclause (1) is the amount obtained by— (a) subtracting from that ﬂat fee any payment made by a person other than the applicant towards the ﬂat fee; and (2) 7 Part 1 r 7 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 (b) dividing the amount calculated under paragraph (a) by the number of hours during the period concerned for which the child is enrolled to participate in the pro­ gramme.
(3) This regulation is subject to regulation 5A.

Subclause (1) was substituted, as from 1 April 2006, by regulation 3 Social Security (Childcare Assistance) Amendment Regulations 2006 (SR 2006/45).

Subclause (1A) was inserted, as from 3 October 2005, by regulation 5(1) So­ cial Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179).
Subclause (2) was substituted, as from 3 October 2005, by regulation 5(2) So­ cial Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179).

Subclause (3) was inserted, as from 3 October 2005, by regulation 5(2) So­ cial Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179).
Assistance may continue if caregiver not working because of illness, injury, or disability Childcare assistance may continue to be paid for up to 12 weeks of any period when the principal caregiver of the child concerned (or, where applicable, the child’s other caregiver) is not working if— (a) the assistance would not otherwise be payable because the caregiver is not working; but the caregiver is unable to work because of illness, in­ jury, or disability.
(b) Assistance may continue if caregiver changes employment Childcare assistance may continue to be paid for up to 10 working days before the start of the new employment con­ cerned if— (a) the assistance has been granted on the basis of the em­ ployment of the principal caregiver of the child con­ cerned (or, where applicable, of the child’s other care­ giver); and the employment has ended but the caregiver has ar­ ranged new employment.
(b) 7 8 8 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 2 r 12 9 10 (1) (2) (3) 11 12 Absence of child to be notiﬁed Within a reasonable time after a child for whom childcare as­ sistance is payable is absent from the early­childhood pro­ gramme or OSCAR programme concerned, the applicant must notify an ofﬁcer of the department of the child’s absence.
Payment of assistance during child’s absence Childcare assistance may continue to be paid for the period set out in subclauses (2) and (3) during a child’s absence from an early­childhood programme or OSCAR programme if the pro­ gramme charges a fee for holding open the places of children who are absent.

The period is calculated as— (a) commencing on the ﬁrst day of the child’s absence from the programme; and including only the time during the absence when the programme is available.
The period must not exceed— (a) 6 weeks, if the absence is due to the child’s medical condition; or (b) 3 weeks, if the absence is due to any other reason.

Regulation 10 was substituted, as from 1 April 2006, by regulation 4 Social Security (Childcare Assistance) Amendment Regulations 2006 (SR 2006/45).
(b) Applications and evidence No person can be granted a childcare subsidy or an OSCAR subsidy unless he or she— (a) has applied for it on a form required by the chief execu­ tive; and has given the chief executive the evidence the chief ex­ ecutive requires to satisfy the chief executive that the person is eligible for the subsidy.
(b) Part 2 Childcare subsidy Eligibility of child for payment of childcare subsidy A childcare subsidy may be paid for a child only if he or she is a dependent child— 9 Part 2 r 13 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 who is under 5; or (a) (b) who is no older than 5 years and 28 days, and is not yet (c) attending school; or who is under 6, and for whom a child disability allow­ ance is payable.
13 Childcare subsidy available only if payable under regulation 14, 16, or 17 A childcare subsidy for an eligible child’s participation in ap­ proved early­childhood programmes is payable only if regu­ lation 14 or regulation 16 or regulation 17 provides that it is payable.
14 Payment of childcare subsidy if principal caregiver engaged in approved activity (1) A childcare subsidy for an eligible child’s participation in ap­ proved early­childhood programmes is payable for periods of a total of up to 50 hours a week if the child is participating in (or will participate in) one or more approved early­childhood programmes for a total of 3 or more hours a week, and (a) (b) (c) subclause (2) applies to the child, and either subclause (3) or subclause (4) applies to each of those periods; or a child disability allowance is payable for the child; or the child’s principal caregiver is also the principal care­ giver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable.
This subclause applies to a child if at least one of the following applies: (a) (b) the child has no other caregiver: the child’s other caregiver is engaged in an approved activity: the child’s other caregiver is not engaged in an ap­ proved activity, but the chief executive is satisﬁed that for some good reason the other caregiver cannot care for the child.
(c) This subclause applies to a period if, during that period,— (a) the child is participating in an approved early­childhood programme; and (2) (3) 10 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 2 r 15 (b) his or her principal caregiver is engaged in an approved activity or travelling between the place where the pro­ gramme is provided and the place where the activity is engaged in.
(4) 15 This subclause applies to a period if the child’s principal care­ giver is engaged in shift employment and (whether the child is participating in an approved early­childhood programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child’s prin­ cipal caregiver— (a) (b) is undertaking that employment; or travelling between the place where that employment is engaged in and— (i) an approved early­childhood programme that the child is participating in; or the caregiver’s home.
(ii) Activities in respect of which childcare subsidy available under regulation 14 A childcare subsidy for a child is available under regulation 14 only to enable the child’s principal caregiver or other care­ giver to undertake one of the following: (a) (whether full­time or part­time, and employment whether permanent, temporary, or casual): a rehabilitation programme approved by the chief ex­ ecutive: a job seeker development activity under a job seeker agreement or section 123B of the principal Act: an employment­related training course offered by a course­provider accredited by the New Zealand Quali­ ﬁcations Authority: any other employment­related training course approved by the chief executive: a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.
(b) (c) (d) (e) (f) 11 Part 2 r 16 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 Payment of childcare subsidy if principal caregiver not engaged in approved activity but has serious disability or illness A childcare subsidy for a child’s participation in approved early­childhood programmes is payable for up to 50 hours a week if— (a) the child is participating in (or will participate in) one or more approved early­childhood programmes for a total of 3 or more hours a week; and the chief executive is satisﬁed, in the light of a certiﬁcate from a medical practitioner, that the child’s principal caregiver— (i) (ii) has a serious disability or illness; and needs childcare for the child for more than 9 hours a week; and (b) (c) at least one of the following applies: (i) (ii) the child has no other caregiver: the child’s other caregiver is engaged in an ap­ proved activity: the child’s other caregiver is not engaged in an approved activity, but the chief executive is sat­ isﬁed that for some good reason the other care­ giver cannot care for the child: a child disability allowance is payable for the child.
(iii) (iv) Payment of childcare subsidy if principal caregiver neither engaged in approved activity nor has serious disability or illness A childcare subsidy for an eligible child’s participation in ap­ proved early­childhood programmes is payable for up to 9 hours a week if— (a) the child is participating in (or will participate in) one or more approved early­childhood programmes for a total of 3 or more hours a week; and the child’s principal caregiver is not engaged in an ap­ proved activity; and regulation 16 does not apply.
(b) (c) 16 17 12 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 3 r 20 Rate of childcare subsidy 18 (1) A childcare subsidy is payable at the appropriate rate stated in (2) the Schedule.

Subclause (1) is subject to regulation 6 (which provides that the hourly rate of childcare assistance paid in respect of a child’s participation in an approved early­childhood pro­ gramme must be no more than the actual hourly fee payable).
Childcare subsidy usually payable to service 19 (1) A childcare subsidy must be paid (as the case may be) to— (2) 20 (a) (b) the service providing the programme in respect of which it is payable; or the service that arranged the scheme under which the programme in respect of which it is payable is provided.
Subclause (1) does not prevent the chief executive from paying a lump sum of childcare subsidy directly to a child’s principal caregiver if— (a) the sum represents an underpayment of the amounts— that should have been paid to an approved early­ (i) childhood service in respect of the child’s partici­ pation in a programme it provides; or that should have been paid to an approved early­ childhood care arranger in respect of the child’s participation in a programme provided under a scheme it arranged; and (ii) (b) the caregiver has already paid to the service or arranger the amount of the underpayment.
Part 3 Out­of­school care and recreation subsidy OSCAR subsidy Eligibility of child for payment of OSCAR subsidy An OSCAR subsidy may be paid for a child only if he or she— (a) (b) is a dependent child; and is participating in (or will participate in) one or more OSCAR programmes for a total of 3 or more hours a week; and is— (c) 13 Part 3 r 20A Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 (i) (ii) at least 5, and under 14; or 14 or older, and for whom a child disability al­ lowance is payable.
Regulation 20 was substituted, as from 1 April 2006, by regulation 3 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).

20A OSCAR subsidy available only if payable under regulation 22 or regulation 22A An OSCAR subsidy for an eligible child’s participation in an OSCAR programme is payable only if regulation 22 or regu­ lation 22A provides that it is payable.
Regulation 20A was inserted, as from 1 April 2006, by regulation 4 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).
Activities in respect of which OSCAR subsidy available under regulation 22 An OSCAR subsidy for a child is available under regulation 22 only to enable the child’s principal caregiver to undertake one of the following: (a) (whether full­time or part­time, and employment whether permanent, temporary, or casual): a job seeker development activity under a job seeker agreement or section 123B of the principal Act: an employment­related training course offered by a course­provider accredited by the New Zealand Quali­ ﬁcations Authority: a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.
(b) (c) (d) The heading to regulation 20 was amended, as from 1 April 2006, by regulation 5(1) Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70) by adding the words “under regulation 22”.

Regulation 21 was amended, as from 1 April 2006, by regulation 5(2) So­ cial Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70) by inserting the words “under regulation 22” after the words “is avail­ able”.
21 14 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 3 r 22 22 Payment of OSCAR subsidy if principal caregiver engaged in approved activity (1) An OSCAR subsidy for an eligible child’s participation in OS­ CAR programmes is payable for periods of a total of up to 20 hours a week during the school term, or up to 50 hours a week during the school holidays, if, and only if,— (a) (b) (c) subclause (2) applies to the child, and either subclause (3) or subclause (4) applies to each of those periods; or a child disability allowance is payable for the child; or the child’s principal caregiver is also the principal care­ giver of some other child who is either in hospital or is a child for whom a child disability allowance is payable.
This subclause applies to a child if at least one of the following applies: (a) (b) the child has no other caregiver: the child’s other caregiver is engaged in an approved activity: the child’s other caregiver is not engaged in an ap­ proved activity, but the chief executive is satisﬁed that for some good reason the other caregiver cannot care for the child.
(c) This subclause applies to a period if, during that period,— (a) (b) the child is participating in an OSCAR programme; and his or her principal caregiver is engaged in an approved activity or travelling between the place where the pro­ gramme is participated in and the place where the activ­ ity is engaged in.
This subclause applies to a period if the child’s principal care­ giver is engaged in shift employment and (whether the child is participating in an OSCAR programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child’s principal caregiver— (a) (b) is undertaking that employment; or travelling between the place where that employment is engaged in and— (i) a place where the child is participating in an OS­ CAR programme; or the caregiver’s home.
(ii) 15 (2) (3) (4) Part 3 r 22A Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 The heading to regulation 22 was substituted, as from 1 April 2006, by regula­ tion 6(1) Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).

Subclause (1)(a) and (b) was substituted, as from 1 April 2006, by regulation 6(2) Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).
Subclause (1)(c) was inserted, as from 1 April 2006, by regulation 6(2) So­ cial Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).
22A Payment of OSCAR subsidy if principal caregiver has serious disability or illness An OSCAR subsidy for a child’s participation in an OSCAR programme is payable for up to 20 hours a week during the school term, or up to 50 hours a week during the school holi­ days, if— (a) the child is participating in (or will participate in) 1 or more OSCAR programmes for a total of 3 or more hours a week; and the chief executive is satisﬁed, in the light of a certiﬁcate from a medical practitioner, that the child’s principal caregiver— (i) (ii) has a serious disability or illness; and needs an OSCAR programme for the child for more than 3 hours a week; and (b) (c) at least 1 of the following applies: (i) (ii) the child has no other caregiver: the child’s other caregiver is engaged in an ap­ proved activity: the child’s other caregiver is not engaged in an approved activity, but the chief executive is sat­ isﬁed that for some good reason the other care­ giver cannot care for the child: a child disability allowance is payable for the child.
(iii) (iv) Regulation 22A was inserted, as from 1 April 2006, by regulation 7 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2006 (SR 2006/70).

16 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 3 r 26 23 24 OSCAR subsidy payable to provider or principal caregiver An OSCAR subsidy may be paid to the provider of the OS­ CAR programme concerned, or to the principal caregiver of the child concerned.
Rate of OSCAR subsidy An OSCAR subsidy is payable at the appropriate rate stated in the Schedule.

Approval of OSCAR programmes 25 (1) Approval of programmes The chief executive of the Department of Child, Youth, and Family Services, if satisﬁed, in the light of the matters stated in regulation 27, that an out­of­school programme or proposed out­of­school programme is or will be properly run, may, by written notice to the provider, approve it for the purposes of this Part.
(2) An approval— (a) may be unconditional or subject to conditions stated in the notice; and (b) may be for an indeﬁnite period or for a period stated in the notice.
26 Suspension and revocation of approvals The chief executive of the Department of Child, Youth, and Family Services may, by written notice to its provider, suspend or revoke the approval of a programme under regulation 25,— if he or she is satisﬁed, in the light of the matters stated (a) in regulation 27, that it is not properly run; or if, after making reasonable efforts to do so, he or she has been unable to obtain enough information to be sat­ isﬁed, in the light of the matters stated in regulation 27, that it is properly run; or if he or she is satisﬁed that there has been a breach of a condition subject to which the approval was given.
(b) (c) 17 Part 3 r 27 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 27 Matters to be considered before programmes approved or approvals suspended or revoked The following matters must be considered in deciding whether an out­of­school programme is properly run (or a proposed out­of­school programme will be properly run): (a) the adequacy with which the programme provides for— the health and safety of the children participating: (i) the care and recreation of the children participat­ (ii) ing: the health and safety of the staff and volunteers involved: (iii) (b) (c) (d) (e) (f) (g) the competence, training, and suitability of the staff and volunteers involved in the programme: the competence of the programme’s supervision: the suitability and safety of the environment in which the programme is operating: the competence of the provider’s management (includ­ ing its ﬁnancial management): the extent of the programme’s compliance with relevant enactments and bylaws: the programme’s responsiveness to applicable cultural issues.
Part 4 Miscellaneous Overpayments Recovery of overpayments The chief executive may, in accordance with sections 86 and 86A of the principal Act, recover from an applicant any pay­ ment of childcare assistance that is a debt due to the Crown by virtue of section 85A of the principal Act.
If, because a child has ceased to be enrolled or has been ab­ sent from an approved early­childhood programme or an OS­ CAR programme, childcare assistance has been paid to a ser­ vice in excess of the amount that the service was entitled to be paid, the chief executive may recover the amount of the excess by making one or more deductions from any other amount or amounts payable to the service under these regulations.
28 (1) (2) 18 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Part 4 r 29 Transitional provisions 29 (1) Subsidies granted before commencement of regulations This regulation applies to a person who, immediately before the commencement of these regulations, was in receipt of a childcare subsidy or an OSCAR subsidy in respect of a de­ pendent child under the welfare programme for childcare as­ sistance approved under section 124(1)(d) of the principal Act.
(2) A person to whom this regulation applies is entitled to receive childcare assistance under these regulations without applica­ tion if the chief executive is satisﬁed that the person’s circum­ stances have not altered so as to affect the entitlement to, or the rate of, the assistance.
This subclause applies to a person if, on account of an increase in the rate of an accommodation supplement payable to the person or the person’s spouse arising solely as a consequence of an amendment to the Eighteenth Schedule of the princi­ pal Act made by the Social Security (Working for Families) Amendment Act 2004 (being an amendment that comes into force on 1 April 2005),— (a) the person would not be entitled to childcare assistance; or the amount of a person’s childcare assistance would be reduced.
(b) (3) (b) (4) When calculating for the purposes of these regulations the household income of a person to whom subclause (3) applies, the chief executive must disregard so much of the increase as would produce the result referred to in subclause (3) until,— the person’s household income otherwise increases by (a) any amount; or the person receives childcare assistance in respect of an additional dependant; or the total amount of childcare assistance the person is entitled to receive decreases because the person is no longer entitled to receive childcare assistance in respect of one or more dependent children; or the person has a decrease in household income that en­ titles the person to receive a higher rate of childcare as­ sistance.
(d) (c) 19 Part 4 r 30 Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 Subclauses (3) and (4) override subclause (2).

(5) (6) Nothing in this regulation limits the application of section 81 of the principal Act to these regulations.
Approvals given before commencement of regulations The approval of an out­of­school programme or proposed out of school programme by the chief executive of the Department of Child, Youth, and Family Services given before the com­ mencement of these regulations may be suspended or revoked under regulation 26 as if it had been given under regulation 25.
Schedule Rates of childcare and OSCAR subsidies rr 18, 24 For a principal caregiver with one dependent child where household income before the deduction of income tax is: (a) (b) (c) (d) less than $1,200 a week $1,200 or more but less than $1,300 a week $1,300 or more but less than $1,400 a week $3.51 per hour $2.44 per hour $1.35 per hour $1,400 or more a week Nil For a principal caregiver with 2 dependent children where household income before the deduction of income tax is: 30 1 2 20 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 Schedule (a) (b) (c) (d) less than $1,380 a week $1,380 or more but less than $1,490 a week $1,490 or more but less than $1,600 a week $3.51 per hour $2.44 per hour $1.35 per hour $1,600 or more a week Nil 3 For a principal caregiver with 3 or more dependent children where household income before the deduction of income tax is: (a) (b) (c) (d) less than $1,540 a week $1,540 or more but less than $1,670 a week $1,670 or more but less than $1,800 a week $3.51 per hour $2.44 per hour $1.35 per hour $1,800 or more a week Nil Schedule clause 1(a): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).
Schedule clause 1(b): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).

Schedule clause 1(c): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).

Schedule clause 2(a): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).
21 Explanatory note Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 Schedule clause 2(b): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).

Schedule clause 2(c): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).
Schedule clause 3(a): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).

Schedule clause 3(b): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).

Schedule clause 3(c): amended, on 1 April 2008, by regulation 4 of the Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50).
This Schedule was amended, as from 1 April 2005, by regulation 3 Social Security (Childcare Assistance) Amendment Regulations 2005 (SR 2005/43).

This Schedule was amended, as from 3 October 2005, by regulation 6 Social Security (Childcare Assistance) Amendment Regulations (No 2) 2005 (SR 2005/179).

This Schedule was amended, as from 1 April 2006, by regulation 5 Social Security (Childcare Assistance) Amendment Regulations 2006 (SR 2006/45).
This Schedule was amended, as from 2 October 2006, by regulation 4 Social Security (Childcare Assistance) Amendment Regulations (No 3) 2006 (SR 2006/269).

This Schedule was amended, as from 1 April 2007, by regulation 4 Social Security (Childcare Assistance) Amendment Regulations 2007 (SR 2007/61).

This Schedule was amended, as from 1 April 2007, by regulation 5 Social Security (Childcare Assistance) Amendment Regulations 2007 (SR 2007/61).

Diane Morcom, Clerk of the Executive Council.


Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 4 October 2004, pro­ vide assistance for the payment of pre­school and after school child­ care.
The childcare subsidy aims to assist caregivers entering work or training, caregivers with a serious illness or disability, or care­ givers whose dependent child or children have a serious illness or disability, by assisting with the cost of pre­school care.

The OSCAR subsidy aims to assist caregivers to take up and remain in paid em­ ployment, by assisting with the cost of after­school care.
Subsidies 22 Reprinted as at 1 December 2008 Social Security (Childcare Assistance) Regulations 2004 are also available to those undertaking job seeker development activ­ ities under the Social Security Act 1964.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 2 September 2004.


23 Notes Social Security (Childcare Assistance) Regulations 2004 Reprinted as at 1 December 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Social Security (Childcare Assistance) Regulations 2004.

It incorporates all the amendments to the regulations as at 1 December 2008.
The list of amendments at the end of these notes speciﬁes all the amendments incorp­ orated into this eprint since 4 September 2007.

Relevant pro­ visions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation of­ ﬁcial” under “Status of legislation on this site” in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Social Security (Childcare Assistance) Amendment Regulations (No 2) 2008 (SR 2008/206) Social Security (Childcare Assistance) Amendment Regulations 2008 (SR 2008/50) Notes 1 2 3 24