Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_62
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 62
Character Range: 193091–195308

62  Continuity of absences
 (1) Paragraph 10(2)(b) of the Family Assistance Act (as in force on or after the commencement day) is modified so that:
 (a) the reference to an enrolment in subparagraph 10(2)(b)(i) of that Act includes a reference to an enrolment at a child care service that occurred before the commencement day for which the relevant approved provider was taken to be approved under item 9 of Schedule 4 to the Jobs for Families Act; and
 (b) the reference in subparagraph 10(2)(b)(ii) of that Act to the day that the child first attended a session of care includes attendance that occurred before the commencement day in relation to the enrolment referred to in paragraph (a) of this subsection.
 (2) However, after the commencement day, a session of care is only taken to have been provided by a child care service to a child under subsection 10(2) of the Family Assistance Act because of subsection (1) of this section, despite the child's absence during that session, where:
 (a) before the absence, the child physically attended a session of care at that child care service on or after 18 June 2018; and
 (b) after the absence, the child returns to physically attend a session of care at that child care service before 16 July 2018.
 (3) Paragraph 10(2)(c) of the Family Assistance Act (as in force on or after the commencement day) is modified so that an absence day that occurs on 1 July 2018 may be counted towards the 41 days referred to in that paragraph.
 (4) To avoid doubt, if:
 (a) a child is absent from a session of care provided by an approved child care service on a day before the commencement day; and
 (b) the child returns to physically attend a session of care provided by the same service for the first time after the commencement day;
subparagraph 10(2)(b)(iii) of the Family Assistance Act (which ensures absences cannot occur for days after a service permanently ceases to provide care), as continued in force on and after the commencement day by item 8 of Schedule 4 to the Jobs for Families Act, is taken to refer to the service as approved for CCS purposes in relation to eligibility for child care benefit for sessions of care that occurred before the commencement day.