Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_64a
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 64A
Character Range: 269951–272108

64A  Varying determination so that a limit of 50 hours in a week applies

Determination to which this section applies

 (1) This section applies to a determination of a weekly limit of hours:
 (a) in force under section 50H in respect of a claimant who is an individual and a child; or
 (b) in force under section 54C, in respect of a claimant that is an approved child care service and a child.

Variation by Secretary on application

 (2) A determination to which this section applies may be varied by the Secretary on application so that a limit of 50 hours in a week applies if:
 (a) a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (12), (13) or (14) of the Family Assistance Act applies in the week; and
 (b) a limit of more than 50 hours does not apply in the week; and
 (c) a 24 hour care limit does not apply in the week.

Who may apply

 (3) An application under subsection (2) must be made by:
 (a) the claimant, if a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (13) or (14) of the Family Assistance Act applies in the week; or
 (b) the approved child care service providing care to the child, if a circumstance listed in subsection 54(12) of that Act applies in the week.

Variation is taken to have been made if an approved child care service gives certificate

 (4) A determination to which this section applies is taken to have been varied so that a limit of 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 54(10) of the Family Assistance Act in respect of the week.

Section 59F and 62C variations prevail

 (5) If:
 (a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and
 (b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 54(12) of the Family Assistance Act applies in a week.